Following this week’s budget announcement and the Department for Business, Innovation & Skills report, ‘Fixing the Foundations: creating a prosperous nation’, a great deal has been said about the opportunities to increase house building. The headline being that removing barriers to gaining planning consent will reduce risks for developers, and so it is hoped will boost property development.
Kate Galloway: James Cook University
I have been interested for some time in the limitations of our understanding of property – particularly our understanding of property in land (see here and here for an example). At the heart of this is what I see as a fundamental conflict between the individualism of the notion of dominion over land and broader concerns of ecological and social sustainability.
For lawyers, part of the challenge in explaining the connection between property and sustainability is our tendency immediately to think of sustainability as environmental law. For the lawyer, the difference between environmental law and land law is fundamental: one is public law, the other is private. In this post I will try to outline how I see sustainability as an issue central to how we conceptualise property.