TRACK 05: Legal Environment for Effective (Good) Governance and Efficient (Sustainable) Use of Land

 

Track schedule

July 14, 2015
09:00-10:30 /updated/  
Session 1: Planning systems room: 111
Chairperson: Askew Janet  
   
Conformance and performance in Taiwan and England: pragmatism in approach? Askew Janet (UK)
Role of scale levels, units and layers of built environment in planning process Tittl Filip (Czech Republic)
Strategic planning in England in the era of localism Lingua Valeria (Italy)
Untangling land expropriation law and policy Alterman Rachelle (Israel)

 

11:00-12:30  
Session 2: Governance, laws and regulations room: 111
Chairperson: Carpenter Juliet  
   
Democratic tensions in decentralised planning – rhetoric, legislation and reality in England Sturzaker John (UK)
Resolving urban land disputes: lessons from the Portland, Oregon Region Sullivan Edward (USA)
Collaborative networks and democracy in planning – the case of Greater Helsinki Mattila Hanna (Finland)
The integration types of agricultural space in urban community scale:the case study of Hamburg, Germany Huang Qiao (Germany)
The legal environment for the Just City: comparing urban planning politics in Lyon and Zurich Carpenter Juliet (UK)

 

14:00-15:30  
Session 3:  Legal aspects of environmental challenges room: 111
Chairperson: Williams Peter  
   
Evaluation of urban open spaces sustainability Palacky Jiri (Czech Republic)
Urban transformation for resilient cities - renaissance of comprehensive planning systems? Kurth Detlef (Germany)
Planning law and sustainability in Australia: achievements and challenges Williams Peter (Australia)
Governing globalization and global warming: a case study of Shenzhen, China Ng Mee Kam (Hong Kong)
Government's full responsibility for sustainable land use planning Leinfelder Hans (Belgium)

 

15:50-17:20  
Session 4:  Plans and planning instruments room: 111
Chairperson: Fruchart Alexander  
   
Can intermunicipal urban planning meet the challenges posed by sustainable development ? Fruchart Alexander (France)
Law and disorder: permitted development rights and the loss of proportionate control Sheppard Adam (UK)
Do not blame public law: adaptation and legal articulation in Amsterdam land use planning Savini Federico (The Netherlands)
The high hopes of ICZM in the face of legal-institutional implementation gaps: comparative snalysis of Mediterranean Countries Alterman Rachelle (Israel)
Effective governance of recreational open space? Insights from a case study in Hong Kong Lau Mandy (Hong Kong)
 
July 15, 2015
09:00-10:30  
Session 5: Land policy and housing room: 111
Chairperson: Webb Brian  
   
The tragedy of the Anticommons: the implications of Condominium Development for long-term urban transformation Webb Brian (UK)
The rationale of land ownership in zoning for new developments: towards a regional planning system of the delivery of new housing? Smit Nick (The Netherlands)
The observation and analysis of Shanghai lingang new town which is considered as a “ghost town” Wen Xiaoyi (China)
Introduction of land readjustment in the Netherlands: reflections from Germany and Spain Muñoz Gielen Demetrio (The Netherlands)
When POPS travels: the Transnational Transfer of Incentive Zoning Policy and its implementation in Taiwan Lo Chia-Hui (Taiwan)

 

11:00-12:30  
Session 6: Implementation and enforcement room: 111
Chairperson: Silva Paulo  
   
New legislation about illegal construction in Greece. The effect of economic crisis. Lalenis Konstantinos (Greece)
Is planning becoming an Invertebrate? The need for effective planning enforcement. Sheppard Adam (UK)
Transient and Informal: negotiating temporary use in Portland, Chicago and Detroit Gebhardt Matthew (USA)
Spark plug, engine or exhausted rocket booster? A paradox between the artistic industry implantation, land property revaluation, commercial investment intrusion in ghetto post- regeneration and the awkward role of legal assurance Cheng Shang (China)
Informal Settlement's Act: what went right in the Portuguese case? Silva Paulo (Portugal)

 

 

Track description

Co-chairs: Rachelle Alterman, Leonie Janssen-Jansen

Almost all countries have laws, regulations and government institutions that determine a significant number of issues related to planning. These issues range from procedural matters that affect quality of governance, to substantive policies and instruments that may enable the creation of “definite spaces” and sustainable land use.  However, the governance aspects of planning often encounter “fuzzy responsibilities”.  In recent years planning law (comprised of legislation and court decisions) faces additional challenges that go beyond the domestic domains into the even fuzzier, global arena. Can the laws and institutions that govern planning meet the challenges posed by climate change, sustainability, and increasing uncertainty?  Are planning laws geared to handle distributive justice issues within cities, countries, and across borders? This track aims to provide a platform for sharing research on any of the following and related topics:

  • Statutory (regulatory) planning systems and instruments: How well can they accommodate emerging economic, socio-demographic and environmental realities?
  • Governance structures and procedures: How does planning law structure the relationships between central governmental control, local government, markets, and non-governmental organizations?
  • How does the law frame public participation and dispute resolution;
  • Regulatory land use instruments: local statutory plans, zoning, building permits, agreements with developers, “exactions” or “planning gain”, regulation of open space and natural resources, historic-building regulation and other;
  • Property rights: tensions between public/ private rights and responsibilities; land for public services, customary collective / private rights, expropriation, compensation, land readjustment, taxation of land values, transfer or development rights.

Contributions may look at the general theory of planning and law or investigate particular issues, focusing either on a particular country or cross-nationally. Since legal and planning systems vary greatly from country to country, authors should make the legal structures and procedures as transparent as possible.