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Akintoye, A, Renukappa, S and Lal, H (2012) The abolition of the "contracts in writing" rule in the 2009 Construction Act: Potential implications for UK adjudication. International Journal of Law in the Built Environment, 4(02), 140-56.
Andrew, A and Bryan, C (2011) Scottish construction lawyers and mediation: an investigation into attitudes and experiences. International Journal of Law in the Built Environment, 3(02), 159–81.
Baker, F (2013) Housing and planning regulation – England and Ireland. International Journal of Law in the Built Environment, 5(02), 118-36.
Balsas, C J L (2017) The right to walk in cities, a comparative review of Macau, Lisbon and Las Vegas. International Journal of Law in the Built Environment, 9(02), 123-42.
Ceno, J S d (2012) Selective licensing and resident satisfaction in social housing: a UK case study. International Journal of Law in the Built Environment, 4(02), 126-39.
Chalkey, K and Green, M (2016) In the context of mediation, is safeguarding mediator neutrality and party autonomy more important than ensuring a fair settlement?. International Journal of Law in the Built Environment, 8(02), 161-75.
Coggins, J K and Donohoe, S (2012) The validity of adjudicators' determinations containing errors of law: A comparison of the judicial approach in England and New South Wales. International Journal of Law in the Built Environment, 4(02), 116-25.
Grecksch, K and Holzhausen, J (2017) Property rights revisited: are narratives the way forward?. International Journal of Law in the Built Environment, 9(02), 94-107.
Gregory-Stevens, J, Frame, I and Henjewele, C (2016) Mediation in construction disputes in England. International Journal of Law in the Built Environment, 8(02), 123-36.
Hearne, R (2013) Realising the “right to the city”: Developing a human rights based framework for regeneration of areas of urban disadvantage. International Journal of Law in the Built Environment, 5(02), 172-87.
Ilter, D and Dikbas, A (2009) An analysis of the key challenges to the widespread use of mediation in the Turkish construction industry. International Journal of Law in the Built Environment, 1(02), 143-55.
Ilter, D, Cakmak, P I, Ustuner, Y A and Tas, E (2016) Toward a research roadmap for construction mediation. International Journal of Law in the Built Environment, 8(02), 176-90.
Jane, B (2010) Using banks: the effect of national attitudes to public intervention in mortgage lending and eviction in French and English law. International Journal of Law in the Built Environment, 2(02), 118–37.
Juli, P (2010) Housing discrimination and minorities in European cities: the Catalan Right to Housing Act 2007. International Journal of Law in the Built Environment, 2(02), 138–56.
Julian Sidoli del, C (2011) An investigation into lawyer attitudes towards the use of mediation in commercial property disputes in England and Wales. International Journal of Law in the Built Environment, 3(02), 182–98.
Laitos, J G and Abel, T M (2013) Sites suitable for mixed use development in Britain and America. International Journal of Law in the Built Environment, 5(02), 137-55.
Lees, E and Shepherd, E (2015) Incoherence and incompatibility in planning law. International Journal of Law in the Built Environment, 7(02), 111-26.
Leshinsky, R (2012) Use of planning agreements to support sustainability and environmental preservation: A case study from Victoria, Australia. International Journal of Law in the Built Environment, 4(02), 157-72.
Lindqvist, S (2012) The concept of transparency in the European Union's residential housing market: A theoretical framework. International Journal of Law in the Built Environment, 4(02), 99-115.
Luke, B (2011) Judges, child trespassers and occupiers' liability. International Journal of Law in the Built Environment, 3(02), 126–45.
Maree, C (2011) Comparative analysis of some aspects of assessment of damages for contractual breaches in England and Wales, Australia and New Zealand. International Journal of Law in the Built Environment, 3(02), 113–25.
Meijer, F and Visscher, H (2017) Quality control of constructions: European trends and developments. International Journal of Law in the Built Environment, 9(02), 143-61.
Nasarre-Aznar, S (2015) “Robinhoodian” courts’ decisions on mortgage law in Spain. International Journal of Law in the Built Environment, 7(02), 127-47.
Nasarre-Aznar, S and Molina-Roig, E (2017) A legal perspective of current challenges of the Spanish residential rental market. International Journal of Law in the Built Environment, 9(02), 108-22.
O'Mahony, L F (2013) The meaning of home: from theory to practice. International Journal of Law in the Built Environment, 5(02), 156-71.
Padraic, K (2010) Can housing rights be applied to modern housing systems?. International Journal of Law in the Built Environment, 2(02), 103–17.
Patricia, N (2011) The use of mediation in preventing homelessness in England. International Journal of Law in the Built Environment, 3(02), 146–58.
Pedro, J B, Meijer, F and Visscher, H (2009) The Portuguese building regulation system: a critical review. International Journal of Law in the Built Environment, 1(02), 156-71.
Pratt, N (2015) The “by right” defence in village green registration. International Journal of Law in the Built Environment, 7(02), 96-110.
Rachelle, A (2011) Guest editorial: comparative research at the frontier of planning law: The case of compensation rights for land use regulations. International Journal of Law in the Built Environment, 3(02), 100–12.
- Type: Journal Article
- Keywords: Comparative legal research; Land use law; Planning law; Property law; Property rights; Property values
- ISBN/ISSN: 1756-1450
- URL: https://doi.org/10.1108/17561451111148220
- Abstract:
Purpose – This paper aims to present the merits of cross-national comparative research as a method for pushing the frontier of knowledge about planning laws. Since in every country there is usually some dissatisfaction with its present planning laws or certain aspects of them, cross-national research can open an arena of alternatives based on real-life experiences. To demonstrate this argument the paper focuses on a shared dilemma – how should the law handle the negative effects of some planning decisions on land values. This case is used to demonstrate both the comparative method and the usefulness of comparative findings. The conclusions point out the opportunities for cross-learning. Design/methodology/approach – The overall argument about the comparative research draws on the author's extensive experience in conducting cross-national research on a variety of issues in planning laws. The research on compensation rights reported here draws on the author's recent book which analyses the laws and practices in 13 countries. To ensure a “common platform” for comparison, the author developed a method based on a set of factual scenarios and a shared framework of topics. A team of country-based researchers conducted the legal analysis, and the team leader conducted the comparative analysis. Findings – The 13-country analysis shows that there is a great variety of approaches to compensation rights around the world and a broad range of degrees, from no compensation at all to extensive compensation rights. There is no “consensual approach”. The search for similarities based on region in the world, legal family, cultural background, density or demography, shows that the differences cannot be “explained” on the basis of these variables. The degree of political controversy on this issue also varies greatly. The breadth of laws and practices offer a range of alternative models to enrich local debates. Research limitations/implications – Any comparative research on a new topic is bound to be exploratory. There are not yet any established theories in planning law (or in comparative research) from which hypotheses can be derived and tested. However, the large sample of countries, covering 40 per cent of the OECD countries (at the time), and the careful shared method have likely produced reliable findings. Originality/value – Most of the comparative research that the author has conducted over the years charted new grounds in both its topics and its comparative breadth. The paper reports in brief on cross-national comparative research on compensation rights. The full research, on which this paper draws (published as a book in 2010), is the first to look at this specific issue globally with a large 13-country sample of OECD countries.
Sherry, C (2009) The New South Wales strata and Community Titles Acts: A case study of legislatively created high rise and master planned communities. International Journal of Law in the Built Environment, 1(02), 130-42.
Sidoli del Ceno, J, George, H and Vols, M (2015) Adjudication in tenancy deposit scheme disputes: agents’ perspectives. International Journal of Law in the Built Environment, 7(02), 162-72.
Skaik, S (2017) Operational problems and solutions of statutory complex adjudication: stakeholders’ perspectives. International Journal of Law in the Built Environment, 9(02), 162-75.
Somerville, P (2013) Property and power in the English countryside: the case of housing. International Journal of Law in the Built Environment, 5(02), 100-17.
Trushell, I, Clark, B and Agapiou, A (2016) Construction mediation in Scotland: An investigation into attitudes and experiences of mediation practitioners. International Journal of Law in the Built Environment, 8(02), 101-22.
Vols, M, Tassenaar, P G and Jacobs, J P A M (2015) Anti-social behaviour and European protection against eviction. International Journal of Law in the Built Environment, 7(02), 148-61.
Wall, R, Ankrah, N and Charlson, J (2016) An investigation into the different styles of the lawyer and construction specialist when mediating construction disputes. International Journal of Law in the Built Environment, 8(02), 137-60.
Wolfgang, A and Alexis, M (2010) Designing a new rental housing law for Romania. International Journal of Law in the Built Environment, 2(02), 157–77.
Ziegler, E H (2009) The case for megapolitan growth management in the twenty-first century: Regional urban planning and sustainable development in the USA. International Journal of Law in the Built Environment, 1(02), 105-29.