Why Planning is Like the Judicial System, and Why it Shouldn't Be

Planning has become too much like a court case, with two sides and one winner. According to columnist Christopher Hume, this adversarial nature must be changed.

1 minute read

May 7, 2008, 10:00 AM PDT

By Nate Berg


"City planning in Ontario has come to resemble nothing so much as the judicial system."

"Both are treated as if they're games in which there must be a winner and a loser."

"But both are too complex for such a simplistic approach. And in both, the chances for mistakes are enormous."

"And although changing cultures as ingrained as planning and the law will require generations, it is something that must be done."

"Just as Crown attorneys and defence lawyers call their own friendly expert witnesses in an attempt to win the case at any cost, so developers and opponents hire their experts to bolster their argument, no matter how wrong."

"What follows can be self-serving if not outright false, but the process allows and encourages such behaviour."

"It also favours the rich and powerful over the poor and weak."

Tuesday, May 6, 2008 in The Toronto Star

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Use Code 25for25 at checkout for 25% off an annual plan!

Redlining map of Oakland and Berkeley.

Rethinking Redlining

For decades we have blamed 100-year-old maps for the patterns of spatial racial inequity that persist in American cities today. An esteemed researcher says: we’ve got it all wrong.

May 15, 2025 - Alan Mallach

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

May 21, 2025 - Diana Ionescu

Rendering of California High-Speed Rail station with bullet train.

California High-Speed Rail's Plan to Right Itself

The railroad's new CEO thinks he can get the project back on track. The stars will need to align this summer.

May 19, 2025 - Benjamin Schneider

Red SF Muni ticketing machine.

San Francisco Muni Raises Fares a Second Time

A 10–cent fare hike for adults is part of the agency’s plan to chip away at a growing budget deficit.

May 21 - San Francisco Examiner

Electric car charging station with several Chevy Bolts charging in parking lot of store in Bellingham, Washington

Electric Grid Capacity Could Hamstring EV Growth

Industry leaders say the U.S. electric grid is unprepared for the increased demand for power created by electric cars, data centers, and electric homes.

May 21 - GovTech

Top view new development riverside residential and commercial neighborhood with vacant land in Texas, USA.

Texas Bill Supports Adaptive Reuse in Commercial Areas

Senate Bill 840, which was preliminarily approved by the state House, would allow residential construction in areas previously zoned for offices and commercial uses.

May 21 - The Texas Tribune