Achieving integrity in a new legal planning architecture for environmental limits

Environmental limits are a foundational legal principle. In searching for integrity in the legal and planning architecture, the components of a robust and effective system start to emerge. Both stochastic decision-making, taken to mean decision-making that has an unpredictable outcome, and deterministic decision-making, where the outcome is predicted, can be found in legal planning fossil fuel extraction regimes. Acknowledging these two themes informs the development of a more effective system for decisions. Strengthening competencies and responsibility (duties), and the assignment of multitudinous responsibility rather than singular responsibilities, will create a more deterministic framework for decisions that are capable of recognising environmental limits. Establishing a comprehensive, purposive substantive and procedural rights framework will rebalance power, build back democracy, and allow for subsidiarity and accountability to re-enter and renew the flagging and much maligned planning system. In soft law policy and practice, recognising and enhancing aspects of content that reflect more realistic and pragmatic understandings of developments will cherish the humanity of community responses to climate change mitigation. In technical terms, incorporating climate change emissions limits into planning law is logical, rational and will deliver comprehensive integration, stemming the leakage of emissions and decisions that are accumulating impact. This new system proposes to expand the foundational value of public interest in planning law and associated regimes to incorporate environmental limits, in both strategic planning and decisions.