Civil Engineering Reference
In-Depth Information
Procedural fairness is essential for successful plan making, particularly
where there are tensions about how benefits or impacts are to be shared. It
encompasses the following principles:
O All affected parties have the opportunity to hear and understand the
potential implications of the plan for them. This means that stakeholders
should be identified and the implications presented to them in a manner
that is clear and understandable. This usually requires 'translation' of
technical information into straightforward language.
O All affected parties have the opportunity to have their views presented
and considered in decision-making. This requires both broad and
targeted consultation strategies and ensuring affected parties know up
front when and how they will have an opportunity to input. It also
requires that the decision maker's response to submissions be recorded
and reported.
O Decision-making should be, and be seen to be, unbiased and informed.
This requires the technical information and assessments to use methods
and be done by people who are seen to be unbiased experts, that the
decision-making process is open and not able to be unduly influenced
by particular groups, and that the decision-making person or body is
perceived to be independent. The principles on which the decision is to be
based should be predetermined and known.
O Decision-making should be open to cross-examination. This may be
achieved by such things as independent review panels, hearings or capacity
to appeal in the courts.
Transparency and openness is needed at all stages of the process.
Institutional foundation for consultation
As a result of the recognition that consultation is integral to good decision-
making, it has been embedded in key international and national policies.
For example UNDP policy is that 'all men and women should have a voice
in decision-making, either directly or through legitimate intermediate
institutions that represent their intention. Such broad participation is built
on freedom of association and speech, as well as capacities to participate
constructively' (Graham et al. 2003: 3).
Box 4.2: The Aarhus Convention
The Aarhus Convention (1998) - the Convention on Access to Information,
Public Participation in Decision-making and Access to Justice in Environmental
Matters - played an important role in building European consensus on
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