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Discourses of Objection: Towards an Understanding of Third-Party Rights in Planning

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  • Geraint Ellis

    (School of Environmental Planning, Queen's University, Belfast, David Keir Building, Stranmillis Road, Belfast BT9 5AG, Northern Ireland)

Abstract

Public participation is central to the practice, legitimacy, and dominant normative principles of spatial planning. It has a strong presence in the discourse of communicative governance, which suggests that participatory rights should be strengthened as part of a systematic institutional design. Interest in the concept of rights within planning has been gathering pace, but is still undeveloped. In terms of third-party rights, attention has been focused on citizens as rights claimants and their use of rights to promote self-interest, rather than the values that should be protected by such rights or the balance of rights between different stakeholders. This paper explores some of the theoretical issues related to third-party rights in planning, using the existing literature on planning disputes to contextualise current debate. It examines a case study of third-party appellants in the Republic of Ireland and identifies five distinct ‘discourses of objection’. These discourses highlight the complex factors that stimulate third-party rights-claims and illustrate how they can be related to issues such as citizenship, the public interest, and property rights. The paper concludes with a number of general observations on the nature of rights in planning and the implications this has for the broader paradigm of communicative governance.

Suggested Citation

  • Geraint Ellis, 2004. "Discourses of Objection: Towards an Understanding of Third-Party Rights in Planning," Environment and Planning A, , vol. 36(9), pages 1549-1570, September.
    • Handle: RePEc:sae:envira:v:36:y:2004:i:9:p:1549-1570
    DOI: 10.1068/a36176
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    References listed on IDEAS

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    1. Annette Hastings, 1999. "Discourse and Urban Change: Introduction to the Special Issue," Urban Studies, Urban Studies Journal Limited, vol. 36(1), pages 7-12, January.
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    2. Zhang, Xiang & Xu, Jian-gang & Ju, Yang, 2018. "Public participation in NIMBY risk mitigation: A discourse zoning approach in the Chinese context," Land Use Policy, Elsevier, vol. 77(C), pages 559-575.
    3. Atkinson-Palombo, Carol & Kuby, Michael J., 2011. "The geography of advance transit-oriented development in metropolitan Phoenix, Arizona, 2000–2007," Journal of Transport Geography, Elsevier, vol. 19(2), pages 189-199.
    4. Díaz, Paula & Adler, Carolina & Patt, Anthony, 2017. "Do stakeholders’ perspectives on renewable energy infrastructure pose a risk to energy policy implementation? A case of a hydropower plant in Switzerland," Energy Policy, Elsevier, vol. 108(C), pages 21-28.
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    6. Keiron Bailey & Benjamin Blandford & Ted Grossardt & John Ripy, 2011. "Planning, Technology, and Legitimacy: Structured Public Involvement in Integrated Transportation and Land-Use Planning in the United States," Environment and Planning B, , vol. 38(3), pages 447-467, June.
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    8. Andy Inch, 2012. "Creating ‘a Generation of NIMBYs’? Interpreting the Role of the State in Managing the Politics of Urban Development," Environment and Planning C, , vol. 30(3), pages 520-535, June.
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