Challenges facing green space: is statute the answer?

Jill Dickinson · Ellen Bennett · James Marson

11 citations0/0 files storedJournal of Place Management and Development

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Local Governance and Planning Administrative Law and Governance Urban Green Space and Health

Abstract

Purpose Against a backdrop of austerity, characterised by public-sector funding cuts and a devolutionary agenda, this paper aims to explore how legislation might address two inter-related challenges which public urban green space (“greenspace) faces in England and Wales, namely, responsibility for provision and identification of supporting funds. It focuses on two proposals: first, the introduction of legislative powers to enable local authorities to create user-charging schemes, and second, the imposition of a local authority statutory duty to provide greenspace. Design/methodology/approach Adopting a traditional doctrinal approach, this exploratory study provides a synthesis and analysis of statutory materials. Findings While the study considers debates around user-charging schemes, it suggests that the imposition of a statutory duty to provide greenspace would provide a more equitable and effective solution. Research limitations/implications This paper calls for further research to establish the detail of such a statutory duty and how it might operate in practice. Practical implications There is an appetite amongst local authority stakeholders in England and Wales for such a statutory duty to better enable them to access the requisite underpinning funding. Social implications Imposing a statutory duty would help in protecting the well-established social, economic and environmental benefits associated with greenspace. Originality/value This multi-disciplinary research considers the inter-relationship between two key greenspace challenges: responsibility for provision and funding. It identifies and evaluates a potential model for imposing a greenspace statutory duty, which could address some of these issues.

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References

1991The Great Good Place: Cafes, Coffee Shops, Community Centers, Beauty Parlors, General Stores, Bars, Hangouts, and How They Get You Through the Day.2012Defining and Describing What We Do: Doctrinal Legal Research 2011Local Governance under the Coalition Government: Austerity, Localism and the ‘Big Society’2012National Planning Policy Framework 2012 2015The Cost of the Cuts: The Impact on Local Government and Poorer Communities 2012The Mind and Method of the Legal Academic 1996The Dark Side of Planning: Rationality and 'Realrationalität'2013Expanding the ‘dark side of planning’: Governmentality and biopolitics in urban garden planning

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