Liberating the Land
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Mark Pennington.  Liberating the Land.   Institute of Economic Affairs.  2 Lord North Street.  2002  £10.00.  ISBN 0 255 36508 X

Book review

In England nearly all land use changes are closely regulated by an array of national and local government organisations.  These make detailed decisions about individual planning applications rather than using market based incentives.  

Mark Pennington argues in this refreshing but scholarly little book that this “command and control” approach is inefficient bureaucratic and slow.   He has two fundamental objections to centralised planning, the lack of a Hayekian discovery process, and the harmful consequences of “public choices” by bureaucrats. 

Hayek argued that even perfectly public-spirited planners could never make decisions as well as dispersed agents in free markets, because they could never know enough.   The information planners need is dispersed in the heads of all the people who might use the land.   Surveys, elections and public meetings cannot extract it because the holders do not even know it consciously themselves.  They can only reveal it in usable form when they are allowed to participate in a market.  

Public choice theory suggests that things are even worse than that.   Rational self-interest leads most people, those without a major current interest in a planning decision, to remain ignorant, while a few special interests to capture the decision making bodies. 

Pennington identifies three groups that benefit from current regulation, although here must be more.  NIMBY homeowners in protected rural villages.  Large corporate builders who encourage the system to release the occasional large site which smaller developers cannot afford.  Established retail chains who keep out new competitors such as Wal Mart by opposing new developments.  People living in “rabbit hutches on postage stamps” in the limited space that planners release, smaller house builders, and all of us who pay higher retail prices are victims. 

Pennington’s solution is private property rights in land use control.  Things like restrictive covenants, which can be brought and sold both by developers and by development opponents.  Groups of people in a village or town can club together to share packages of covenants, and can agree rules for choosing when to sell them.  If you don’t like a particular package you can buy a house elsewhere. 

I think Pennington makes his case well.  However, in the book’s foreword Harry Richardson criticises such common property regimes as tyrannical, and cites housing associations that stopped displays of the American flag in the aftermath of Sept 11 on the grounds that it was a “prohibited garden ornament”! 

Unusually for an IEA book, Pennington has not been given the opportunity to reply, so I will on his behalf. 

Richardson should have looked at the regulations more closely before he bought his house.   Perhaps some people regard avoiding garden ornaments as worth not displaying a flag.  Insofar as people like Richardson regard flag prohibitions as a burden house prices within such homeowner associations will fall.  That will soon get the attention of the residents who may well vote an exemption for flags.   A market in regulation. 

This is a lovely little book.  Email for a copy here, or better still subscribe to the IEA publication series here.

Reviewed by Jim Thornton Leeds 23 April 2002

 

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Last modified: September 20, 2006