posted on 2015-10-13, 11:01authored byBarbara M. Bogusz
The recognition of land as an economic resource has never been in doubt, but land regulation
and usage should not be confined to a functional examination through the
narrow prism of
economic benefit. Land use policy also embraces wider social ideals which both statute and
courts have recognised, for example, through the protection afforded to town and village
greens (TVGs).
In the case of TVGs, they have been protected primarily for customary or,
more recently, for ecological/environmental purposes rather than for some explicit economic
justification.
Yet the assertion that land used primarily for social purposes is devoid of
any
economic value is an oversimplification which may be challenged and, economic value and
social benefit should not be considered as mutually exclusive ideals. Though the economic
value of land designated for social usage may be a secondary consideration by contrast with
land intended for strictly commercial or developmental purposes, it may be implied from the
policy objectives of the Growth and Infrastructure Act 2013 (GIA 2013), as well as
regulatory and judicial principles, that land utilised for social purposes may also derive
economic benefits to a local community.
For example, recreational access for the benefit of
all users to England’s coast line through the creation of a national coastal path provides
ancillary of an economic nature through tourism to the local community the paths serve
. [First paragraph]
History
Citation
Bogusz, BM, Land: Balancing competing economic and social interests, 'Modern Studies in Property law', 8, Hart, 2015, pp. 75-95
Author affiliation
/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/School of Law
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