Track 11

Planning Law, Administration and Processes

  • Benny Schvarsberg
    • University of Brasília (Brazil)
  • Rachelle Alterman
    • Technion Israel Institute of Technology (Israel)
  • Dawn Jourdan
    • University of Oklahoma (USA)

Almost all countries have laws, regulations and government institutions that determine a significant number of issues related to planning. Each planning law offers some instruments for regulating the use of land and building – variously called zoning, statutory plans, development controls or the like. 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). The laws, instruments and processes vary from country to country, as do their Implementation and their outcomes and impacts. 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 invites abstracts on any topic that relates to laws, 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 in general: their roles in shaping places; 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, historic-building regulation etc.
  • 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?
  • Property rights: tensions between public/ private/ customary rights and responsibilities; land for public services, customary collective / private rights, expropriation, compensation, land readjustment, taxation of land values, transfer or development rights.
  • 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 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. To be considered for this track, the author needs to point out some relationship with the underlying legal framework.