Beyond rules in planning practice.

摘要

Within the rational comprehensive planning practice, used by virtually all cities in North America, the development of plans and rules is viewed as the preeminent planning activity. Provided plans and their supporting regulations are properly constructed, it is assumed that the process of implementation should be strictly performed so that a better future for urban spaces can be secured. Due to the emphasis on an impartial bureaucracy to administer the rules, the implementation process is achieved in a matter of fact way with rules that act as the final principles of urban development.; This Masters Degree Project argues that the point at which rules are applied should not be a process of implementation but rather a process of adjudication. The practice of open debate and negotiation regarding how to apply rules within a specific context should become a legitimate goal within planning practice, as opposed to one-off moments of discretion. Although this may appear to advocate for a planning process that lacks principles, this is not the case. Rather, adjudication allows for parties to advocate for incremental changes based on context and argument. Engaging in negotiation and using judgment to support choices provides the opportunity to allow planning practice to reflect and foster social order of communities, and to provide opportunities to support innovative proposals.; Keywords. rules, regulations, standards, public interest, adjudication, pragmatic values, common law