Urban Planning Law Research Articles

Una reflexión sobre los «nuevos» derechos. Perspectivas y desafíos en el siglo XXI

El presente trabajo pretende analizar el cambio de paradigmas derivado del proceso de transición de la Modernidad hasta la Posmodernidad y los desafíos enfrentados hoy en el campo jurídico. Asimismo, el objetivo es reflexionar sobre los llamados «nuevos» derechos, enfocados a partir del derecho ambiental y del derecho urbanístico, considerados los precursores de esta perspectiva en el Derecho posmoderno y, por fin, presentar los desafíos y las perspectivas de su consumación en el siglo XXI.

As Restrições Convencionais e as Leis Urbanísticas no Loteamento / Conventional Restrictions and urban planning laws in allotment

DOI: http://dx.doi.org/10.12957/rdc.2012.9694 Trabalho recebido e avaliado pelos Conselhos Editorial e Executivo da Revista de Direito da Cidade Resumo: O presente estudo busca tratar a relacao entre as restricoes urbanisticas convencionais e legais ao direito de construir no loteamento. O que justifica o estudo e a necessidade de combinar a autonomia privada do empreendedor imobiliario a preservacao do meio ambiente nas cidades, como meta do Poder Publico e dos particulares, mediante uma regulacao que sirva como uma pre-conformacao juridica obrigatoria. Nestes termos, segue o problema da pesquisa: tais restricoes podem ser afastadas ou modificadas pelo Estado, com a edicao de controle “mais” ou “menos” rigoroso ao direito de construir? E se e cabivel o relaxamento dessas convencoes por lei posterior, menos restritiva, quais seriam os pressupostos e limites para tal? Para responder essas perguntas, buscou-se realizar um estudo na doutrina, na legislacao e em precedentes judiciais das peculiaridades deste tipo de restricao, sua confrontacao com as leis urbanisticas e a ratio decidendi dos tribunais que enfrentaram casos envolvendo estas questoes, com destaque para o leading case do Recurso Especial no 302.906/SP. Palavras-chave: loteamento; direito de construir; restricoes convencionais; lei urbanistica. Abstract: This study seeks to address the relationship between the conventional and the legal right to build the subdivision urban restrictions . What justifies the study is the need to combine the autonomy of private real estate developer to preserving the environment in cities , the goal of the government and individuals, through a regulation that serves as a legally binding pre - conformation . Accordingly , the following research problem : such restrictions may be waived or modified by the State , with the issue of control more or strict the right to build ? And if it is appropriate relaxation of these conventions by subsequent law , less restrictive , what are the assumptions and limitations for this? To answer these questions , we sought to conduct a study in doctrine, legislation and judicial precedents of the peculiarities of this type of restriction , his confrontation with the urban planning laws and the ratio decidendi of the courts that have faced cases involving these issues , especially the leading case of the Special Appeal No. 302.906/SP . Keywords: allotment , right to build ; conventional restrictions ; urban law.

Study on the Issues relating to the Application of the Urban Planning Law in Vietnam under the Transitional Economy

Study on the Issues relating to the Application of the Urban Planning Law in Vietnam under the Transitional Economy

Functionality of the Town Planning Authorities in Effecting Urban and Regional Planning Laws and Control in Nigeria: The Case of Lagos State

Any Societies that lack laws and order are doomed to chaos and failure.Any Society with law and order in place but lacks effective implementation are also vulnerable to chaos and crises. Planning Laws and Ordinances are in place to control and regulate development and also to maintain perfect health of the society through their effective implementation. This paper examines the planning laws and ordinances available in Nigeria, with specific reference to the new Lagos State Urban and Regional Planning and Development Law 2010, the types and levels of the Planning Authorities and Agencies responsible for theimplementation of the laws. It also appraises their activities so far in thearea of implementation, their challenges and lastly, makes recommendation for improvement.

Development Control in Lagos State: an Assessment of Public Compliance to Space Standards for Urban Development

Development control as a potent tool for city management ensures that the continual growth and management of a city can be such that make for orderliness, improved city image, healthy and aesthetics. It also ensures that the environmental challenges as a result of city growth can be reduced to tolerable levels. In metropolitan Lagos, development control requires special skill as a result of the daily problems the authorities are confronted with, which is attributed to the sheer size and rate of increase of these settlements and the complexities of the tasks involved. The problem ranges from uncontrolled change of use of property, non compliance with space standards and approved design, unguided and ineffective enforcement of building regulations. This paper highlights the meaning, context, relevance and problems associated with development control in Lagos metropolis with reference to space standards under the Urban and Regional Planning Development Law 2010. This submission also contains an assessment of the town planning regulation, level of compliance to building regulation and technical skills of personals monitoring compliance to space standards as specified by Urban and Regional Planning Law Decree 88 of 1992, the Lagos Planning Law of 2005 and under the Urban and Regional Planning Development Law 2010.

A New Framework of Urban and Rural Planning System in Guangdong

As the "Urban and Rural Planning Law " had been promulgated in 2008, the paper studied the context of socio-economic development and the actual situation of urban and rural development in Guangdong Province, drawing on the experience of the British planning system, proposing the framework of urban and rural planning system as "Provincial Spatial Plan" and "Local Development Plan", which including urban system planning, master plan, detailed plan, village plan four types. The new framework will streamline the planning system, reduce the levels of planning and clear the relationship between different types of planning, contributing to regional coordination in urban and rural areas.

Jerusalem: One planning system, two urban realities

Participation in the production of space and using it is one of the important aspects of the Right to the City to which a city's inhabitants are entitled. This article discusses how the Israeli urban planning system and law contribute to the production of space in the divided city of Jerusalem, how they are systematically institutionalized to realize ideological and geopolitical aims of the national level of the state, on the administrative bureaucratic level of the system, while ignoring the different spatial and urban realities of the city's two ethno-national groups; Israelis and Palestinians. This effectively produces different outcomes for the different ethno-national groups inhabiting the city; it facilitates the existence and growth of one group and limits that of the other ensuring the Right to the City of Israeli Jews, while depriving the Palestinians, to an extreme degree, from their Right to the City in Jerusalem.

Study on the Reconstruction Implementation Barriers of Urban Shanty Towns of Harbin

Solving the housing problem for urban low-income people is one of important issues of the housing policy and urban planning in China. Shanty towns which were left from old days are now the main housing source for low-income populations; therefore, shanty town reconstruction has been taken as a resolution for solving housing problems for low-income people. However, the current land policy, real estate development policy, urban planning laws and regulations are insufficient in solving the shanty town reconstruction difficulties and more likely become barriers of it. A number of indicators such as building density, per capita living space, land prices and floor area ratio are used to determine how successful the shanty town reconstruction being implemented. In this article, a flexible solution on political and regulatory basis for solving shanty town reconstruction difficulties will be proposed by systematically analyzing various economical and technical indicators.

IS10 Development of Psychotherapy Training for Trainee Psychiatrists in Hong Kong

This study compares urban planning mechanisms that operate within Hong Kong, Singapore and Taiwan. The political economy of Hong Kong is in a state of flux. While the power of the government and the corporate interests remain largely intact, they are challenged by pro-China interests and a democratizing civil society. The land use planning system reflects this power contest. In face of both strong resistance from the development industry and China's eagerness to perpetuate a market-led society in post-1997 Hong Kong, the outcome of the power contest remains uncertain. The state-centred political economy of Singapore has bred a top–down land use planning system centrally controlled by the government. Not only has the government dominated the plan making process, the legislation has entrusted the public sector to scrutinize and guide private development through a discretionary development control system. The government is able to mobilize resources to implement plans with the tacit consent of a regulated and meritocracy-based society. In contrast, Taiwan's multi-layered government structure and its complicated relationships with business interests (`gold-power' alliance) within a cultural milieu with scant respect for rules and regulations, have produced a complex and yet loosely coordinated land use planning system. The Urban Planning Law emphasizes plan making and implementation by the public sector at the district level, but local authorities lack resources to implement plans. The regulatory development control system, to a large extent, is abused by the community and land use zoning is not taken seriously in general. As plan amendments can be made behind closed doors, the `gold-power' alliance has tried to rezone land for speculative purposes. The impact of the recent democratization process on the society's legal attitudes and the roles of planning in urban governance in Taiwan remains to be seen.

주거지 정비과정에서 활용된 주민참여기법 사례 연구 : 대전시 무지개 프로젝트를 대상으로

초록·키워드 목차 오류제보하기 The calls for qualitative improvements in the existing urban living environment are becoming more urgent due to the expansion of residents' participatory awareness regarding administrative procedures and the enhancement of their interest in the local community and of quality of life, and the importance of resident participation is becoming more widely recognized. To actively push forward resident participation in terms of policy, various techniques are stipulated in the law, such as public hearings, committees, public exhibits and announcements under urban planning laws. However, the general perception is that these measures are not being sufficiently utilized, and research is needed to discover how much resident participation techniques are being applied in reality and whether they can overcome their practical limitations. Such research can be carried out by studying examples where the residents' quality of life was increased from an overall perspective, but few relevant case studies have been carried out in Korea until now, and it was practically difficult to prove their effectiveness. The recent Daejeon Metropolitan City's Rain Project, however, is a resident-oriented development project that gathers and reflects the various opinions of community residents in the planning and promotional stages, and it is a good example of a project increasing the residents' quality of life from an overall perspective. Accordingly, the purpose of this paper is to systematically examine the types and characteristics of residents' participation techniques through an advanced case study. The results of this paper can be used to discover various residents' participation techniques that are needed for residential improvements in Korea. #무지개프로젝트 #주거지 정비 #주민참여 #주민참여기법 #Rainbow Project #Resident Participation #Residential Improvement #Residents' Participation Techniques 등록된 정보가 없습니다.

Why It Is Difficult to Change Urban Planning Laws in African Countries

Planning law reform in African countries is widely acknowledged to be a prerequisite for better urban (and rural) development, both by donor organizations and by African governments. This article highlights the importance of understanding the political, economic and personal dynamics that underpin the operation of a planning system before designing a law reform initiative. Too often, the assumption is that in African countries, it should be a relatively straightforward exercise to draft and implement a new planning law. Instead, it is argued, the context in many African countries is profoundly complex and so warrants a thorough and considered approach to legislative change. This article examines, as an example, the principles guiding law reform in the UK and discusses the potential for these principles to be adapted for planning law reform in African countries. It concludes with a call for a practical methodology that can be adapted to meet the different circumstances of different countries to guide the development of new planning law.

Research on Management and Compilation of Regulatory Detailed Planning Based on the Background of Democratization and Legalization

The promulgation and implementation of "Urban and Rural Planning Law" has a great legal significance to regulatory detailed planning.However, limitations on compilation and management of regulatory detailed planning in China are not commensurate with its legal status. Summarizing the problem existing in the process of compilation and management of regulatory detailed planning, this paper discusses the management mechanism and compilation of regulatory detailed planning in terms of its upper planning, compilation system, and technology application based on the scientificity and feasibility.

Taxation and Regulatory Takings in Spanish Real Estate Sector

This article deals with the core of Spanish urban and land planning law: taxation and property rights fashioning in a single regulatory framework. One of the most sophisticated real estate markets in the civilised world largely relies on converting immovable assets into fungible entitlements. Any property is translated into a curious currency, named land value or use of land. This renders possible in-kind property taxation, paid to municipalities with this special currency. A wide array of techniques is at the service of this purpose, but some counterfeits must be taken into account as an unavoidable outcome of a tight restriction on the supply side.

Planning laws and policies influencing the use of land in metropolitan Lagos, Nigeria

This study investigates planning laws and policies influencing land use in metropolitan Lagos. Analysis of the laws and policies were presented based on the responses on 755 questionnaires administered on occupiers and users of all categories of land uses in 43 zones into which metropolitan Lagos was divided. The division was based on peculiarities of the land use structure of the city. Among government policies and laws influencing land use in the study area ARE land acquisition policy, master plan, zoning, rent laws, sources of land ownership, building approval procedure, property and land use charge laws. The application of the principal component technique for the analysis shows that zoning and sources of ownership are the two most prominent factors influencing land use in metropolitan Lagos. The study suggests that to achieve sustainable land use in metropolitan Lagos, there is need to re-appraise the position of land acquisition policy, with the view to making proposals which will open up the acquired lands for rational uses by the public and the government. It is also recommended that all levels of government should embark on appropriate planning schemes as they are empowered to do by the Lagos State Urban and Regional Planning Law of 1998. Such schemes should give strong consideration to rezoning.

Sustainable Urban Development, the Dutch Method: Best Practice for the European Integrated Approach?

AbstractAn important European environmental policy aim is to create “sustainable cities”. The aim of this article is to explore the possible tensions between environmental measures and urban spatial planning law that can arise in creating such sustainable cities and examine opportunities for integrated sustainable urban planning. The policy document discussed in this article is the European Thematic Strategy on Urban Development of 2006. This Strategy promotes an integrated approach as the tool to achieve sustainable urban development, with the implementation of existing EU environmental legislation as its outer boundary. However, no specific EU legislation has been adopted or is foreseen thereon. The EU merely intends to offer support and guidance to the Member States. But will such a policy suffice to reach the aim? Are not clearer (legislative) parameters needed? Within the EU several “best practices” to the integrated approach are being developed by the Member States. This article highlights the Dutch approach to integrated urban development that could be seen as such a best practice. Particularly relevant in urban (re)development projects are the Dutch 'Interim Act City and Environment approach', the legal Framework for Air Quality in the Dutch Environmental Management Act and the 'Crisis and Recovery Act'. These instruments show chances for integrated urban (re)development. But some points of attention remain even in the Dutch approach, such as the guarantee that the ecological aspect of sustainability must not come off worse. Is EU legislation needed to address these points of attention or will national (or local) action do?

The Past Path and Future Perspectives of the Research of Urban Planning Law : The Record of Research Group Discussion

The Past Path and Future Perspectives of the Research of Urban Planning Law : The Record of Research Group Discussion

Land use tendency in the Japanese local city and the course of urban planning law : a case of Niigata City

Land use tendency in the Japanese local city and the course of urban planning law : a case of Niigata City

On the development of an urban passive thermal comfort system in Cairo, Egypt

This paper investigates how urban form can be designed to act as a passive thermal comfort system in Cairo. The system utilizes two main elements, the urban fabric form, with its green structure, and thermal comfort adaptation by introducing urban green scene stimulation with the time of exposure to the urban environment. The courtyard form on a large scale is used to study comfort levels, the effect of compactness on solar access and the local radiant heat island potential in a theoretical neighborhood design using a medium population housing concept as required by Egyptian urban planning laws. Urban canyons in a grid network, with three mid latitude orientations 15°, 45° and 75° from the E–W axis, were examined, with one canyon having virtually no shade. Other canyons had a green structure containing two types of native Egyptian trees. Numerical simulations using ENVI-met were performed for hot climate conditions. Although some very hot conditions were recorded, there were evident examples of more acceptable comfort levels and cooling potential for some orientations and degrees of urban compactness due to the clustered form with green cool islands and wind flow through the main canyons. Some design guidance on how to form urban passive cooling systems is presented.

Knowing the Social in Urban Planning Law Decision-Making

This article reflects an interest in how policy and law are used to develop models for more just and equitable city planning. Making use of a law in action rather than a law in books approach, the article draws on socio-legal scholarship and urban studies to consider knowledge formats for planning law decision-makers (PLDM) in relation to social and cultural impacts for proposals for significant land use and development. Of interest is how PLDM know about social and cultural impacts and what role their own social capital plays in regard to this knowledge. The place for social impact assessment (SIA), as a legal actor and knowledge instrument in the decision-making process is considered. Some models are suggested for how social facts, which carry a troubled history in common law jurisdictions, could be presented as evidence by the planning expert witness in courts and tribunals.

Virtueller Gewerbeflächenpool — Ein Modell regionalplanerischer Mengensteuerung der Siedlungsflächenentwicklung

The current situation in industrial real estate development is characterised by a paradox: open space is still under attack although enough reserves are available in sum. However, the supplied real estates do not fit within the given demand in terms of location and quality. Causing factors are the existing supply-oriented urban planning law, but also a regional planning model which allocates concrete settlement areas. In these terms, the presented paper offers a new concept which aims at a quantity control of industrial real estates in combination with contractual agreements within a region between the municipalities and the regional planning authority.