Laserfiche WebLink
control such processes. Because form-based code focuses on localized developments and the <br />character of those developments, it potentially allows empowered elites not only to retain control <br />of the planning process but to custom tailor their own neighborhoods without concern for the <br />needs of the broader municipality. In the absence of a strong central municipal government to <br />manage community design with an eye towards broad societal concerns such as environmental <br />impact, the charrette could become a means of further disempowering the already <br />disenfranchised.98 <br />The charrette process used in form-based code schemes is an example of what several <br />planning scholars call "collaborative planning" or "communicative planning." Such processes <br />rely upon what has been called "inclusive argumentation." One of the significant concerns of <br />turning over a neighborhood to the form-based code process is whether such a process can or <br />will take into account broader concerns such as environmental impact and infrastructure needs as <br />well as issues of social equity and differential access to power. It has been observed, for <br />example, that planning and zoning are not disconnected from political and social context, <br />notwithstanding the effusions of "supply side" planning theorists who view such endeavors as <br />essentially unproblematic.99 <br />98 A number of scholars have written about the way that the privilege is often maintained in legal <br />and law-like systems in the face of "delegalizing" or "deformalizing" processes. See e.g. <br />Richard Abel, Delegalization: A Critical Review of Its Ideology, Manifestations and Social <br />Consequences, in Alternative Legal Forums and Alternatives to Law 27 (Erhard Blankenburg et <br />al. eds., 1980); see also Marc Galanter, Why the Haves Come Out Ahead, 9 Law and Society <br />Review 95 (1974). <br />99 Freestone at 2. <br />: <br />