15. Law and planning under societal challenges
Almost all countries have laws, regulations and government institutions related to planning and building controls. Planning laws often also enable intervention in property rights – such as expropriation and land sharing – and may entail fiscal aspects (levies, fees, negotiated value sharing). These issues range from procedural matters - processes that affect quality of governance, to substantive policies and instruments that may enable the creation of spaces and shape land use (for better or worse).
In times of increasing uncertainty, European (dis)integration, neo-liberal economic approaches, and social and demographic changes, a new focus on innovative processes and practices applied to planning of territories, regions and cities is needed. These are all very critical questions regarding the interplay between Law, spatial planning and property rights. Can the law and planning institutions meet the challenges posed by inclusiveness and multiculturalism, promoting flexible planning approaches and collective engagement? How do they affect planning laws geared to handle distributive justice issues within cities, countries, and across borders?
This track invites research proposal on any topic that relates to planning laws and land policy, whether directly or indirectly. An indication of the scope of the track can be seen from the following list of areas:
- Statutory (regulatory) planning systems and instruments: How well can they accommodate emerging economic, socio-demographic and environmental realities?
- Regulatory land use instruments: local statutory plans, zoning, building permits, agreements with developers, “exactions” or “planning gain”, regulation of open space and natural resources, regulations of already-built environments and other;
- Public property rights / private property rights / private property responsibilities: tensions between them, land for public services, customary collective / private rights, expropriation, compensation, land readjustment, taxation of land values, transfer or development rights;
- 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 involvement, conflict management and dispute resolution? •Contribution of planning law to an efficient and equitable management of land and ecological resources; •Non-compliance with planning laws: issues of illegal, “informal” “irregular” development – processes and enforcement. •Innovations, methodologies and advances in planning legislation in its various territorial, regional, metropolitan and urban scales.
- Systematization of processes and practices applied to the planning of territories, regions and cities. Questioning and analyzing experiences and processes and innovative management practices in territorial planning at different scales.
- Analysis and proposal of territorial, regional, urban, fiscal and tax, policy instruments applied to the planning, management and public administration at various federal levels. Contributions may focus on theory 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. To be considered for this track, the author needs to point out some relationship with the underlying legal framework
Contributions may focus on theory 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. To be considered for this track, the author needs to point out some relationship with the underlying legal framework.