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A-Mer

Harvard University. Graduate School of Design. Library

Published: 1970

Total Pages: 776


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Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.
That the topic ofdesign review is somehow trou My biases are clearfrom the start: I am among blesome is probably one thing all readers can those who believe that, despite all signals to the contrary, the physical structure of our environ agree on. Beyond this, however, I suspect pros pects of consensus are dim. Differing opinions ment can be managed, and that controlling it is on the subject likely range from those desiring the key to the ameliorationofnumerous problems control tothosedesiringfreedom. Saysonecamp: confronting society today. I believe that design our physical and natural environments are going can solve a host ofproblems, and that the design to hell in a hand basket. Says the other: design of the physical environment does influence be review boards are only as good as their members; havior. more often than not their interventions produce Clearly, this is a perspective that encompasses mediocre architecture. more than one building at a time and demands As a town planner and architect, I am sympa that each building understand its place in a larger thetic to the full range of sentiment. Perhaps a context-the city. Indeed, anyone proposing discussion of these two concepts-control and physical solutions to urban problems is designing freedom-and their differences would now be or, as may seem more often the case, destroying useful. But let me instead suggest that both posi the city.