Urban Planning Legislation Research Articles

위치기반 빅데이터를 활용한 서울시 활동인구 유형 및 유형별 지역 특성 분석

As the 24-hour society arrives, human activities in daytime and nighttime urban spaces are changing drastically, and the need for new urban management policies is steadily increasing. This study analyzes the types and characteristics of Seoul’s human dynamics using location-based big data and the results are summarized as follows. First, the pattern of human dynamics in Seoul repeats itself every 7 days. Second, the types of human dynamics in Seoul can be classified into five types, and each of type has its own unique time-series and local characteristics. Third, the degree of match between human dynamics and zoning system in urban planning legislation was highest in ‘Type 1’ residence pattern and low in other types. The following implications can be drawn from these results. First, This paper examined the methodology of analyzing the regional characteristics of Seoul through the human dynamics and obtained meaningful results. Second, This paper can derive reliable and objective pattern analysis results using Big data that reflect the overall population characteristics. Third, the scale of night-time activity in the urban space of Seoul was understood, and its distribution, patterns and characteristics identified.

CURRENT TRENDS IN RULEMAKING IN THE FIELD OF LAND, TOWN PLANNING AND NATURAL RESOURCE LAW

The paper is devoted to identifying the specifics of rule-making in the field of land, city-planning and natural resource law, including the main innovations in the field of normative legal regulation of land, city-planning and nature-resource relations, trends in the development of state policy in this area, the impact of state strategic planning documents on law-making in the field of land, urban planning and natural resource relations, as well as general trends and prospects for the development of modern Russian land urban planning and natural resources legislation. According to the results of the study, the authors come to the conclusion that it is necessary to adopt a basic document, which will lay the conceptual basis for the formation of an integral, consistent, systemic, institutional environment for the ecological (including natural resource), land and town planning legislation. Creating «development institutions» of rule-making, based on specific, achievable, long-term goals, objectives, means and methods, is perhaps the most difficult, but necessary stage of transition to the new characteristics of rule-making in the field of land, city-planning and nature resource law.

Legal issues of the development of resorts and medical and recreational areas regulation

The paper discusses the problems of legal regulation of development of resorts and medical and recreational areas in the Russian Federation and suggests ways to further improve legislation in this sphere. The relevance of the topic is due to the prevailing unsystematic development of the territories of most resorts in Russia, which leads to an increase in anthropogenic pressure on resort ecosystems, degradation of natural medicinal resources, deterioration of the ecological and sanitary-epidemiological condition of the territories of resorts and health-improving areas. The author shows the importance and features of the organization of development of resorts and medical and recreational areas to ensure their sustainable development, analyzes the existing urban planning legislation in the part relating to the construction of resorts, reveals problems of regulation and implementation of urban planning activities in the resorts. The priority role of territorial planning in the regulation of reasonable development of resorts is justified taking into account the peculiarities of their functioning and further development.

Proposta de simulador paramétrico de diretrizes legais para crescimento urbano

Segundo o Estatuto da Cidade (Lei Federal nº 10.257/01), municípios com mais de 20.000 habitantes devem ter seu crescimento regulado pelo Plano Diretor, que estabelece ordenação física, funcionamento, planejamento territorial da cidade e direciona prioridades de investimentos. A imagem da cidade é fruto das regulações do plano, revelando a importância das ferramentas de planejamento. No entanto, estas ferramentas se apresentam em forma de lei, textos, decretos, e outras maneiras escritas, as quais, por vezes, tornam-se de difícil comunicação, expressão e entendimento. O atual momento da tecnologia computacional permite elaboração de um conjunto de sistemas que auxiliam atividades de planejamento e entendimento dos fenômenos de crescimento físico das cidades. Neste estudo, pretende-se organizar dados referentes às legislações de planejamento urbano e mostrá-los através de simuladores virtuais. Possibilita-se aos usuários verificar e entender a aplicação dos planos reguladores, como funcionam as restrições e permissões inerentes às edificações e visualizar a aplicação dessas regras em um terreno e/ou recorte urbano de forma paramétrica. Os produtos elaborados a partir desta pesquisa poderão ser utilizados por prefeituras e planejadores, profissionais de AEC e pela população em geral, bem como enquanto ferramenta de ensino/aprendizagem em cursos de arquitetura e urbanismo, engenharia civil entre outros desta área.

Agglomerative Processes in Siberia: Where to Start

Given current conditions, questions related to the effectiveness of territorial development are becoming more and more relevant. Agglomerative processes allow for the activation of additional resources in economic development, which increases the governability of territories and improves the population’s quality of life. Two processes take place in parallel: the establishing and financing of agglomerations from above and the gradual formation of agglomerations from below. The problem arises due to the distribution of efforts (finance and administrative leverage) between these two levels. This article studies the mechanisms of interaction in territories at the regional and municipal levels and analyzes the criteria for assessing the effectiveness of agglomerations. The author identifies the fundamental differences between the two approaches to creating agglomerations, “from above” and “from below,” and concludes that the more effective version is construction of agglomerations from below in the form of mutually agreed-upon intermunicipal projects. The development of this approach consists in analyzing the synergetic effect and systematizing these kinds of projects. Also necessary is improvement of the regulatory framework for the creation of sets of intermunicipal projects in federal, territorial, and urban-planning legislation.

The municipal urban planning legislation in Uberlândia-MG: The constitution of a highway policy and the absence of urbanity in new urban subdivisions

Abstract This article analyzes the urban planning legislation of Uberlândia-MG and how it contributes to the constitution of real estate developments such as land subdivisions resulting in low availability of quality public areas, building a city where public spaces are not prioritized. In opposition, there is the constitution of areas using anticipation of public areas that prioritize and consolidate a highway policy, with the opening of road systems such as streets and highways, hampering the constitution of urbanity in the new lot subdivisions in the city. These legislations are also analyzed for their constitutionality, making comparisons with the laws of other municipalities. Also, some projects are highlighted in order to illustrate how public areas are being arranged in local urban developments, here understood as urban subdivisions. In order to do so, it was consulted the city planning legislation of Uberlândia-MG with a survey in other urban planning legislations of Brazilian cities and in the processes of approval of land parceling with the Municipal Department of Urban Planning of the city under study. Keywords: urban Planning Legislation, Brazilian urbanization, Public areas, medium-sized cities, Uberlândia. Abstrato Este artigo analisa a legislacao de planejamento urbano de Uberlândia-MG e como ela contribui para a constituicao de empreendimentos imobiliarios, como loteamentos, resultando em baixa disponibilidade de areas publicas de qualidade, construindo uma cidade onde os espacos publicos nao sao priorizados. Em oposicao, ha a constituicao de areas utilizando a antecipacao de areas publicas que priorizem e consolidem uma politica rodoviaria, com a abertura de sistemas viarios como ruas e rodovias, dificultando a constituicao da urbanidade nas subdivisoes do novo lote na cidade. Essas legislacoes tambem sao analisadas por sua constitucionalidade, fazendo comparacoes com as leis de outros municipios. Alem disso, alguns projetos sao destacados para ilustrar como as areas publicas estao sendo organizadas em empreendimentos urbanos locais, aqui entendidos como subdivisoes urbanas. Para tanto, foi consultada a legislacao de urbanismo de Uberlândia-MG com levantamento em outras legislacoes de planejamento urbano das cidades brasileiras e nos processos de aprovacao de loteamento com a Secretaria Municipal de Planejamento Urbano do municipio em estudo. Palavras-chave : Legislacao de planejamento urbano, urbanizacao brasileira, areas publicas, cidades medias, Uberlândia.

МОРАЛЬНІ ТА ПРАВОВІ НОРМИ, ЯК РЕГУЛЯТОРИ МІСТОБУДІВНИХ ВІДНОСИН В УКРАЇНІ

The article examines the influence of non-material factors (morality and law) on city-building relations, which ensure the organization and ordering of social relations. The need to reconcile the needs and interests of an individual on the one hand and groups of people from the other condition the consideration of law and morality in urban planning. The emphasis is placed on the fact that the process of a civilization organization, among all other features, is characterized by the phenomenon of urbanization. Creating and developing cities is the key to the development of society and the form of satisfaction of certain types of material goods. Legal regulation – is the right to social relations with the help of certain legal means, first of all, the rules of law. In the conditions of formation in Ukraine of the foundations of a legal state, the role and importance of legal regulation of urban development law becomes of particular relevance. In the context of our study it is worth paying attention to a number of common features in the regulation of legislation in the field of urban planning and public relations. It is believed that legal regulation does not apply to those spheres of social existence that are not subject to external control. In these conditions, the categories of morality and law, being closely interconnected, affect the consciousness of the person who is the final customer and the object on which the city-building relations are directed. The consideration of categories of morality and law in the process of urban development is important given that they are examples of customary and written norms that vary in different ways in urban planning legislation, regulate land relations, planning and building up areas. Urban planning legislation, its main disadvantage is the unregulated areas of influence at the state, regional and local levels. Actually the lack of legislative provision in the field of urban planning, makes the adoption of a major array of decisions at the local level.It was established that legal regulation applies to all social relations, including the sphere of city-planning legislation, but at the same time law is not able to subordinate certain types of social relations of people to its requirements, whereas morality, provides an individual approach to each legal norm. Determining the influence of moral norms on urban planning is conditioned by the fact that the urban area is primarily related to land use, and the land is the main blessing and property of man, especially Ukrainian.Non-material factors such as law and morality are key in the process of shaping city-building legislation in the 21st century, and their inclusion in urban planning activities will allow for the formation of a harmonious urban environment that will take into account not only the practical needs of man but also the spiritual, ecological, etc.

Ecological and legal regulation of geological survey, exploration and extraction of minerals during construction

Within the study, the authors of the present article analyzed the acts of both Russian and foreign legislation in the field of legal regulation of geological survey, exploration and mining in terms of construction. Specific legal regulation regarding mineral resources is standing apart due to growing demand of the world economy in such strategic types of mineral raw materials as rare and rare-earth metals or hydrocarbon reserves that are difficult to recover. The article describes the characteristics of certain provisions of the legislation of foreign countries that regulate relations in geological study, exploration and mining, including those within the construction process. The authors classified the forms of conferring rights for geological survey, exploration and mining of minerals, as well as the types of project documentation in the field of mining for the extraction of minerals during construction. Two models of legal regulation of geological survey and exploration (that are defined as eastern and western models) are studied. The authors revealed that minerals appear as the main object of legal relations or as belonging to a certain land plot (subsoil plot) in mining and urban planning legislation of different countries.

Environmental safety of green construction and requirements of urban planning legislation

The vector that defines the strategy of innovative development of the construction industry in Russia consists in providing conditions for increasing labor productivity, reducing energy intensity and prime cost of construction process by means of introducing new institutional mechanisms that allow directing the development of the construction complex to the implementation of green construction (ecological construction) investment projects. Today, the conditions for performing green construction as an innovative and energy-efficient solution of environmental management problems are being provided in Russia taking into account modern environmental requirements. The article discusses some problems and issues of green construction, considering architecture and construction areas that are aimed at erection and operation of buildings with soft impact on the nature. In order to ensure environmental safety, the effectiveness of elaboration and implementation of investment projects for green construction should be substantiated taking into account the ecological-and-economic model of the life cycle based on the subject-oriented approach. The present scientific article defines the state and trend of green construction development in the investment-and-construction sector, analyzes environmental safety and methods of creating the innovative green building development platform. The authors recommend developing a methodological outfit to optimize the interaction of economic entities of green construction. The optimization will help to assess the effectiveness of improving the innovative green building platform and the level of environmental safety.

Change in the Category of Land for Agricultural Purposes

This article is based on the comparative analysis of civil, land and urban planning legislation. It reveals inconsistency in the regulatory planning of agricultural land use in case of changing its category. As a rule, the subsequent use of agricultural land for different purposes usually leads to fertility loss. This reproduction method has no price and is not expressed in monetary terms. The criteria for determining the value of land used by the Russian legislation are off-market surrogates. In this regard, they are used to transform the value of the land without market turnover into the value of land plots that are characterized by certain market conditions and high demand. Thus, the author of the article suggests supplementing the revealed shortcomings of established regulatory practices with the SEEA accounting system developed by the United Nations Organization to evaluate natural-ecological objects. SEEA (or a similar tool) is used for changing the category of agricultural land as a means of saving land fertility for future generations.

Participação Popular nos Instrumentos de Planejamento Urbano

Tanto o Brasil quanto a Colômbia, a partir da década de 90, aprovaram legislações urbanísticas com o objetivo de atender ao princípio do desenvolvimento urbano, através de intervenções urbanas direcionadas pelo poder público, com a participação da iniciativa privada e a obrigação legal da participação popular. Em Belo Horizonte, como instrumento jurídico-urbanístico de desenvolvimento urbano, tem-se a Operação Urbana Consorciada, regulamentada pelo Estatuto da Cidade. Em Medellín, existem os Planes Parciales, regulamentados pela Ley de Desarrollo Territorial. Pretende-se neste artigo, analisar a participação popular nos dois instrumentos. Como estudo de caso, selecionou-se a Operação Urbana Consorciada Antônio Carlos/Pedro I de Belo Horizonte e, em Medellín, o Plane Parciale de Sevilla. Desenvolveu-se uma ampla pesquisa e análise documental, fundamentadas nos documentos arquivados nas Prefeituras de Belo Horizonte e de Medellín, e em artigos e livros de autores do Direito e da Arquitetura e Urbanismo. Destaca-se que no Brasil, e no caso das Operações Urbanas, a participação ocorre efetivamente durante a implementação, enquanto na Colômbia acontece durante todo o processo. Desta forma, questiona-se a eficácia do instrumento no Brasil. Por fim, conclui-se que em Medellín a participação popular nos Planes Parciales é mais eficaz do que nas Operações Urbanas em Belo Horizonte.

АГЛОМЕРАЦИОННЫЕ ПРОЦЕССЫ В СИБИРИ: С ЧЕГО НАЧИНАТЬ

<p align="justify">В современных условиях вопросы эффективности развития территорий приобретают все большую актуальность. Агломерационные процессы позволяют вовлечь дополнительные ресурсы в развитие экономики, повысить управляемость территорий и улучшить качество жизни населения. Параллельно идут два процесса: фиксация и финансирование агломераций сверху и постепенное формирование агломераций снизу. Возникает проблема распределения усилий (финансов и административных рычагов) между этими двумя уровнями. В статье исследуются механизмы взаимодействия территорий на региональном и муниципальном уровнях, анализируются критерии оценки эффективности создания агломераций. Автор фиксирует принципиальные различия между двумя подходами к созданию агломераций: сверху и снизу и приходит к выводу, что более эффективным следует считать построение агломераций снизу в форме согласованного внутри себя комплекта межмуниципальных проектов. Развитие данного подхода состоит в анализе синергетического эффекта и систематизации наборов таких проектов. Необходимо также совершенствование нормативной базы формирования наборов межмуниципальных проектов в бюджетном, территориальном и градостроительном законодательстве. </font>

The Use of Natural Earth as Concret Slab: The Dome for the Auditorium of Sant Julià de Ramis Fortress (Girona)

This project provides for the restoration of Sant Julià's fortress complex, built at the end of the 19th century . The restoration is planned to create a facility to host a contemporary arts center with complementary services: workshops for artists, an auditorium for 450 people and a hotel-restaurant. The fortress is formed by a complex of independent structures, built with vaults and stone walls of considerable thickness, the majority being semi buried and connected by 1500 m of tunnels and galleries dug into the mountain. The lower part of the complex hosts the museum, while the hotel is located at the higher level, in the former "stronghold", the space where explosives were stored. In front of the main entrance, an oval-shaped auditorium is planned, with a height of 7.5 m and a vault made of concrete.All the new buildings are mostly made of reinforced concrete, with glass and corten steel being prominent, to avoid mimicry of the existing structures and to work with the old and the new as two joined parts of a whole set.The planned dome is an oval space of 34 x 24 m, covering a surface area of 524 m2, built underground to comply with current urban planning legislation. For the construction of the new dome, a formwork system with natural earth from the site has been used. This article analyzes different issues related to the concept of adaptive architecture, taking as an example the construction system used and the different phases of the process, planned and directed by the authors of this article.

Urban Land Grabbing Mayhem in Douala Metropolitan Local Council Areas, Cameroon

Anarchical land conquest in developing world cities is virally infecting Cameroonian cities epitome by its largest metropolis. This is what this paper sought to portray of the successive augmentation of the Douala V Local Council urban space distinct by a weird anarchy-driven population growth. It posits that it is not just available unoccupied space but institutional indolence has of recent hemmed in urban infrastructural disorder that has led slums grow beyond bounds. Multi-temporal Landsat images for 1975 and 2015 and a Spot image of 1995 were used to determine the spatial colonization and expansion land use/land cover analyses. Results were corroborated with field information through field surveys using structured questionnaires. Findings permitted us note that space colonisation in Douala V experienced a 60.18% upward trend of built-up areas just in four decades (1975-2015), with a 1.5% annual population growth rate. Implications on the urbanscape have been an accelerated and severely degraded forest and natural vegetation form the 1403% growth urban human surge in 42 years (from 57,000 1975 to 800,000 inhabitants in 2017). Douala V thus emerged as an “try and see” land colonisation territory where new arrival of inhabitants inadvertently sowed structural anarchy valued at 51% permanent and 49% temporary structures. Noting that such disorder emanates from top-down urban governance and management this study recommends that urban planning legislation concerning must be inclusive of grass roots to guarantee involment as a canon of sustainable development in modern and post-modern times.

КОРУПЦІЯ ЯК НЕГАТИВНЕ СОЦІАЛЬНЕ ЯВИЩЕ У СУЧАСНОМУ ГЛОБАЛІЗОВАНОМУ СУСПІЛЬСТВІ

The article examines corruption as a negative social phenomenon in today's globalized society. The essence of the concepts of corruption and administrative corruption and the characteristic features of corruption are analyzed. The main causes of corruption in Ukraine have been identified. It is established that corruption is a negative social phenomenon in today's globalized society. It is determined that corruption is a phenomenon that is constantly evolving, transforming, adapting to the conditions of development of legislation, society, state, while its essence and negative impact remain unchanged. Corruption in a particular society can be overcome only by effectively combining several key factors and methods of combating it and implementing the relevant legislation, where regulations do not contradict each other. The following problems in the sector of architecture and urban planning of Ukraine, as the lack of publicity of information in the field of urban planning and land use; defective system of state control and regulation in construction; inefficiency of available control tools and insufficient transparency of road construction, repair and use processes; lack of public information about cultural heritage sites, inconsistencies in urban planning and monument protection legislation. It is established that in order to ensure favorable economic development of the state, it is necessary to improve the legal and organizational base for overcoming corruption in the sector of architecture and urban planning of Ukraine. A promising area of further research on this issue is to assess the effectiveness of the legislative process in the field of anticorruption is to ensure transparent public administration, representing both scientific and applied value and strategy development, public authorities with individuals and legal entities.

Legal regulation of land granting for construction in cities with federal status

The article considers special aspects of the provision of land parcels for construction, which are determined by constitutional and legal status of the cities of Moscow, St. Petersburg and Sevastopol. A number of objective circumstances determine the uniqueness of the legal status of cities of federal status. The land and urban planning legislation comprises the basis for the legal regulation of the provision of land for construction. The authors have educed the need to update the general plans of the city of Moscow, St. Petersburg, Sevastopol, which is caused by the expansion of borders by means of the surrounding areas. In the cities with federal status, there are legal problems associated with the lack of land use and development of recommendations or rules. The lack of coherence in planning and implementation of urban development in the cities and the adjoining subjects of the Russian Federation - the Moscow and Leningrad regions – is an urgent problem in the development of cities with federal status.

How wildfire risk is related to urban planning and Fire Weather Index in SE France (1990–2013)

Wildfires burn >450,000ha of forest every year in Euro-Mediterranean countries. Many fires originate in the Wildland Urban Interface (WUI) where housing density and weather conditions affect fire occurrence. Housing density is determined by long term land use policies while weather conditions evolve quickly. The first objective was to quantify the impacts of land use policy on WUI characteristics and fire risk in SE France during 1990–2012. The second objective was to quantify how Fire Weather Index (FWI) is related to fire occurrence. WUI was mapped from 1990, 1999, and 2012 building layers and crossed with a NDVI derived vegetation layer. In all, 12 WUI categories were derived: 4 building density classes and 3 vegetation layers. The I87 FWI was based on daily temperature, wind speed, relative humidity and soil water content. Despite a 30% increase in the number of new buildings, WUI area increased by only 5% as new housing filled in open space in existing WUI area. This trend can be linked to national level urban planning legislation and forest fire protection laws. Major driver variables determining housing location were aspect, slope, and distance to city centers. Fire frequency and burned area were nonlinearly related to FWI: 73% of the 99 fires occurred during weeks with FWI values ≥90 even though these accounted for only 44% of all weeks. Burned area was even more sensitive to FWI since 97% of total burned area occurred during weeks with mean FWI values ≥90. All days with burned areas >100ha had FWI values >150. The study demonstrated that WUI legislation can be an efficient tool to limit WUI fire risk. FWI results suggest the predicted increase in extreme summer heat events with global warming could increase burned area as firefighting resources are stretched beyond capacity.

Participatory democracy and law-making in contemporary Brazil

ABSTRACTDuring the re-democratization process that followed the 1964–1985 military dictatorship in Brazil, a variety of institutional innovations designed to provide citizens with the ability to directly influence the conception and drafting of laws, regulations and policies, and to monitor their execution have been implemented. Such initiatives vary significantly: they aim to carve out political participation and accountability at different state levels and branches, to allow for societal influence during various phases of law-making, and to safeguard the deliberative power of citizens. Also during the re-democratization period, Brazilian municipalities (which total more than 5500) became federative entities, with political, administrative and financial autonomy. Autonomy allowed cities to create citizen councils (in areas such as healthcare, welfare and housing) through which civil society participation and consensus-building among stakeholders became possible. One remarkable and recent participatory experience was the review process of the Master Plan of the city of São Paulo (urban planning legislation and regulations), which embraced a complex participative development process, engaged both the Legislative and the Executive branches, and called for citizen input for various law-making steps. Despite (or perhaps because of) its unusual scope, the São Paulo Master Plan participatory experience is valuable for identifying achievements, current and future challenges, as well as failures and legitimacy deficits that ultimately play a relevant role in shaping democracy in contemporary Brazil at the legal and institutional levels. Bearing that in mind, this article provides an overview of existing participatory mechanisms in the country, and presents the São Paulo urban planning legislation as a case study.

Desregulación urbanística del suelo rústico en España: Cantabria y Extremadura como casos de estudio

The proliferation of housings on the rural land has had a strong impact on the territory, particularly strong over the past two decades. By studying cases in two Spanish regions (Cantabria and Extremadura) we reveal the diff erent characteristics that this phenomenon shows, contrasting the disparate ways of facing it. The shared trends towards the deregulation of this type of land are evidenced in our study of the “flexibilizing” legislative changes and the processes of legalization in both Autonomous Communities. Finally, we contribute ideas aimed at solving the problem, among which the redistribution of planning responsibilities. The prolonged inaction of governments to keep planning discipline has enabled attacks to territory which they should be stewards, so it is urgent the confrontation of the fact and its consequences to avoid increasing its magnitude and complexity. Keywords: Urban deregulation, urban sprawl, urban planning legislation, rural land, illegal urbanization.

Protection of coastal areas in Italy: Where do national landscape and urban planning legislation fail?

Italian coastal areas have been subject to strong anthropogenic pressure and urbanization processes over the past 60 years. Urbanization of the protected 300-m strip from shoreline has reached levels of over fifty per cent in some parts of the country. This article, by building on previous quantitative analyses and by providing some more quantitative data on the urbanization processes of coastal land at the provincial level, seeks to understand whether a con-cause that has led to a considerable urbanisation process is to be found in the way national landscape legislation has been designed, in its relationship with urban planning, and in the institutional and administrative fragmentation that characterise the management of coastal areas in Italy. After analysing landscape legislation and assessing its relationship with urban planning functions, following an approach based on concept of nomotropism the article highlights, for Italy as a whole, that national landscape legislation while seeking to protect and safeguard coastal areas paved the way for increased urbanization and development. Drawing on regional data on illegal development, the concept of nomotropism is also used to emphasise the impact that building amnesty laws have had on the practice of illegal development so contributing to increased urbanization processes.