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Law, pliability and the multicultural city: Documenting planning law in action.

Authors :
Hubbard, Phil
Prior, Jason
Source :
Geographical Journal. Mar2018, Vol. 184 Issue 1, p53-63. 11p.
Publication Year :
2018

Abstract

In this paper we focus on the deployment of certain techniques that are central to municipal law’s attempt to impose order on the city, namely, development control, zoning, and change of use regulation. Drawing on the notion of inter-legality, we argue that such practices can never be consistent or universal, and instead need to be sufficiently pliable to recognise the diversity of legal norms, assumptions and practices evident in a multicultural city. We demonstrate this with reference to the resolution of urban land-use conflict in Sydney (Australia) showing how planning decisions have need to demonstrate flexibility within the law to achieve outcomes that are sensitive to local contingency and informed by notions of spatial justice. In conclusion we suggest that attempts to make municipal law more consistent or unified are problematic given situated discretion is required to produce cities more open to difference and diversity. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00167398
Volume :
184
Issue :
1
Database :
Academic Search Index
Journal :
Geographical Journal
Publication Type :
Academic Journal
Accession number :
128299772
Full Text :
https://doi.org/10.1111/geoj.12212