Utilitarianism’s Bad Breath? A Re-Evaluation of the Public Interest Justification for Planning

Abstract

The legitimization of planning has, in the period since the Second World War, rested on the proposition that the state’s intervention in land and property development is necessary to safeguard the public interest against private and sectional interests. What constitutes the public interest has always been contentious but its value as a legitimizing concept has increasingly been called into question in the recent past for the reason that it cannot be given operational meaning either by those who make policy or by those who evaluate it. The purpose of this article is to explore the ‘public interest’ justification of planning and whether it has outlived its usefulness in an increasingly fragmented society. Following an introduction, the argument is presented in three stages. First, we explore the concept of ‘interests’ in the modern period. Second, we consider the way in which the ‘public interest’ has been regarded in the planning literature. Third, an evaluative framework is established which distinguishes deontological as well as consequentialist conceptualizations of the public interest through which we seek to demonstrate that it remains the pivot around which debates concerning the role and purpose of planning must revolve.