Difference between revisions of "Legal aspects"

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! Legal aspect !! Application !! National level !! Regional level !! Local level !! Header text
  
! Legal aspect !! Application !! National level !! Regional level !! Local level !! Header text
 
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| Aesthetics<ref>http://ezinearticles.com/?Some-Aspects-to-Consider-in-Urban-Planning&id=3766380</ref> || Systems and regulations on building heights, styles, sizes and similar factors may be established to prevent aesthetic clutter. This is especially true in older towns where new building styles can clash aesthetically with the old ones. Too much man-made contraptions such as signposts, streetlights and building signs could also cause aesthetic clutter. || Example || Example || X || Example
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| Aesthetics<ref>http://ezinearticles.com/?Some-Aspects-to-Consider-in-Urban-Planning&id=3766380</ref> || Systems and regulations on building heights, styles, sizes and similar factors may be established to prevent aesthetic clutter. This is especially true in older towns where new building styles can clash aesthetically with the old ones. Too much man-made contraptions such as signposts, streetlights and building signs could also cause aesthetic clutter. || || || X || Example
 
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|-
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| Allocation of recreational objects and resorts<ref>http://commin.org/en/planning-systems/national-planning-systems/belarus/3.-planning-levels-and-specific-aspects/</ref> || Planning includes also parks, greenbelts, tree lanes and other recreational-oriented spaces as much for health as for environmental purposes. || || || X || Example
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| Example || Example || Example || Example || Example || Example
  
 
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|-
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|Cultural heritage preventions || Special protection clauses (rules of conservation of cultural heritage, monuments and goods of contemporary culture) on historic monuments and historical areas are important especially in older towns, where new buildings styles and construction techniques can clash with the old ones. || || || X || Example
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| Example || Example || Example || Example || Example || Example
  
 
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| Natural heritage preventions || The extensive land use minimizes spaces where plants could grow and flourish, reducing carbon dioxide levels in the area. Therefore it is necessary to include natural heritage preventions into the legal system of urban planning. || X || X || X || Example
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| Example || Example || Example || Example || Example || Example
  
 
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|-
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| Data protection<ref>http://commin.org/en/planning-systems/national-planning-systems/belarus/3.-planning-levels-and-specific-aspects/</ref> || General obligations regarding the conduct of data systems in the field || X || X || X || Example
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| Example || Example || Example || Example || Example || Example
  
 
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|-
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| Engineering and transportation infrastructures<ref>http://ezinearticles.com/?Some-Aspects-to-Consider-in-Urban-Planning&id=3766380</ref> || Planning must take into account spaces for roads, parking, and mass transport possibilities later. Zoning [the regulation of building activity according to use and location] might be a way, such as limiting high-rise, high-density establishments such as office and commercial buildings near transport centers, and residential areas further into the suburbs. City ordinances can enforce such concepts. But removing residential areas from urban centers will encourage commuting, with its attendant environmental problems. || X || X || X || Example
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| Example || Example || Example || Example || Example || Example
  
 
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|-
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| Environmental conditions<ref>http://ezinearticles.com/?Some-Aspects-to-Consider-in-Urban-Planning&id=3766380</ref> || Higher-density areas necessarily generate more trash per area unit in this consumerist society, where almost everything should be disposable. || || X || X || Example
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| Example || Example || Example || Example || Example || Example
  
 
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|-
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| Functional zoning<ref>http://commin.org/en/planning-systems/national-planning-systems/belarus/3.-planning-levels-and-specific-aspects/</ref> || Delimitation of land for different destinations (land categories) as for agriculture, for settlements, for industry, for living and some other special uses; for preserved natural landscapes, forests, waters etc. || X || X || X || Example
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| Example || Example || Example || Example || Example || Example
  
 
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|-
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| Safety<ref>http://ezinearticles.com/?Some-Aspects-to-Consider-in-Urban-Planning&id=3766380</ref> || Many communities sprawl on flood-prone low areas and even along earthquake fault lines, more out of development necessity for growth than preference.
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| Example || Example || Example || Example || Example || Example
  
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Such location negatives may be counteracted, though, via man-made structures like dikes, levees, or storm drain systems. Danger from earthquakes may be offset by limiting building heights, for instance, or not constructing high structures. These are actions to prevent extraordinary situations of natural and anthropogenic origins.
  +
|| X || X || X || Example
 
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|-
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| Public participation<ref>http://commin.org/en/planning-systems/national-planning-systems/belarus/3.-planning-levels-and-specific-aspects/</ref> || Because of the different cultural approaches in the common decision-making process, citizen participation represents a very important process in the preparation of an urban plan || || || X || Example
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| Example || Example || Example || Example || Example || Example
  
 
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| Ownership<ref>http://www.citiesalliance.org/ca/sites/citiesalliance.org/files/CA_Images/CityStatuteofBrazil_English_Ch4.pdf</ref> || Legal measures recognizing the power and obligations of the
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| Example || Example || Example || Example || Example || Example
  
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public authorities, especially the municipalities, to control the urban development process by formulating
  +
land and land use policies in which individual interests of land and other property owners would henceforth
  +
be required to coexist with other social, cultural and environmental interests espoused by other socioeconomic groups and inhabitants of cities as a whole.
  ⚫
|| Example || X || X || Example
 
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|-
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| Example || Example || Example || Example || Example || Example
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| Security of tenure<ref>http://www.globalurbandevelopment.org/GUDMag06Vol2Iss1/Durand-Lasserve%20PDF.pdf</ref> || || || X || Example || Example
 
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| Construction cost || Special clauses to regulate significant differences between initial construction costs and the real construction cost of a building. || || || X || Example
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| Example || Example || Example || Example || Example || Example
  
 
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|-
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| Building codes<ref>http://www.unhabitat.org/pmss/getElectronicVersion.aspx?nr=2432&alt=1</ref> || In relation to the UN International Strategy for Disaster Reduction (ISDR), the global report on UN Human Settlements Programme 2007 recommends that the planning codes for buildings should be<ref>United Nations UN Settlements Programme (UN-HABITAT) (2007): Enhancing urban safety and security. Published by Earthscan, p. 207.</ref> :
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| Example || Example || Example || Example || Example || Example
  
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*realistic, given economic, environmental and technological constrains;
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*relevant to current building practice and technology;
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*updated regularly in light of developments in knowledge;
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*understood fully and accepted by professional interest groups;
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*enforced in order to avoid the legislative system being ignored or failing into disrepute;
  +
*adhered to, with laws and controls based more on a system of incentives rather that punishment;
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*integrated fully within legal systems that takes account of potential conflicts between the different levels of administration and government.
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|| || || X || Example
 
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|}
   

Revision as of 13:52, 21 March 2012

The input of legal aspects into the urban development and planning process is both a matter of politics, technicalities and stakeholders. Through its profound implication for urban development, principles of law define the systems of urban government, establish the system of urban planning and regulation of land development, and delimit the powers of the urban planners and managers, in order to regulate the use and exclude abuse of urban environment.[1]

Priciples of law

"Principles of law" define the systems of urban government, establish the context for urban planning and regulation of land development. Further, they delimit the powers of urban planners and managers, in order to regulate the use and exclude abuse of urban environment.[2] Planning laws limit an owner's rights in private property in order to secure benefits for the community as a whole. These benefits include such things as the safety and health of persons; convenience, amenities and agreeable environments for the public; acceptable standards of private and public living and work places; and reasonable burdens of public expenditures that have to be incurred when land is developed.[3]

United Nations Recommendations

The global report on UN Human Settlements Programme 2007 recommends that the planning codes for buildings should be:

  • “realistic, given economic, environmental and technological constrains;
  • relevant to current building practice and technology;
  • updated regularly in light of developments in knowledge;
  • understood fully and accepted by professional interest groups;
  • enforced in order to avoid the legislative system being ignored or failing into disrepute;
  • adhered to, with laws and controls based more on a system of incentives rather that punishment;
  • integrated fully within legal systems that take account of potential conflicts between the different levels of administration and government.”[4]

Summary table of legal aspects in urban planning

The following table summarizes legal principles as fundamental aspects in the urban planning process:

Legal aspect Application National level Regional level Local level Header text
Aesthetics[5] Systems and regulations on building heights, styles, sizes and similar factors may be established to prevent aesthetic clutter. This is especially true in older towns where new building styles can clash aesthetically with the old ones. Too much man-made contraptions such as signposts, streetlights and building signs could also cause aesthetic clutter. X Example
Allocation of recreational objects and resorts[6] Planning includes also parks, greenbelts, tree lanes and other recreational-oriented spaces as much for health as for environmental purposes. X Example
Cultural heritage preventions Special protection clauses (rules of conservation of cultural heritage, monuments and goods of contemporary culture) on historic monuments and historical areas are important especially in older towns, where new buildings styles and construction techniques can clash with the old ones. X Example
Natural heritage preventions The extensive land use minimizes spaces where plants could grow and flourish, reducing carbon dioxide levels in the area. Therefore it is necessary to include natural heritage preventions into the legal system of urban planning. X X X Example
Data protection[7] General obligations regarding the conduct of data systems in the field X X X Example
Engineering and transportation infrastructures[8] Planning must take into account spaces for roads, parking, and mass transport possibilities later. Zoning [the regulation of building activity according to use and location] might be a way, such as limiting high-rise, high-density establishments such as office and commercial buildings near transport centers, and residential areas further into the suburbs. City ordinances can enforce such concepts. But removing residential areas from urban centers will encourage commuting, with its attendant environmental problems. X X X Example
Environmental conditions[9] Higher-density areas necessarily generate more trash per area unit in this consumerist society, where almost everything should be disposable. X X Example
Functional zoning[10] Delimitation of land for different destinations (land categories) as for agriculture, for settlements, for industry, for living and some other special uses; for preserved natural landscapes, forests, waters etc. X X X Example
Safety[11] Many communities sprawl on flood-prone low areas and even along earthquake fault lines, more out of development necessity for growth than preference.

Such location negatives may be counteracted, though, via man-made structures like dikes, levees, or storm drain systems. Danger from earthquakes may be offset by limiting building heights, for instance, or not constructing high structures. These are actions to prevent extraordinary situations of natural and anthropogenic origins.

X X X Example
Public participation[12] Because of the different cultural approaches in the common decision-making process, citizen participation represents a very important process in the preparation of an urban plan X Example
Ownership[13] Legal measures recognizing the power and obligations of the

public authorities, especially the municipalities, to control the urban development process by formulating land and land use policies in which individual interests of land and other property owners would henceforth be required to coexist with other social, cultural and environmental interests espoused by other socioeconomic groups and inhabitants of cities as a whole.

Example X X Example
Security of tenure[14] X Example Example
Construction cost Special clauses to regulate significant differences between initial construction costs and the real construction cost of a building. X Example
Building codes[15] In relation to the UN International Strategy for Disaster Reduction (ISDR), the global report on UN Human Settlements Programme 2007 recommends that the planning codes for buildings should be[16] :
  • realistic, given economic, environmental and technological constrains;
  • relevant to current building practice and technology;
  • updated regularly in light of developments in knowledge;
  • understood fully and accepted by professional interest groups;
  • enforced in order to avoid the legislative system being ignored or failing into disrepute;
  • adhered to, with laws and controls based more on a system of incentives rather that punishment;
  • integrated fully within legal systems that takes account of potential conflicts between the different levels of administration and government.
 X Example


Footnotes and references

  1. ↑ Cf. McAuslan 2003: 139.
  2. ↑ McAuslan, Patrick (2003): Bringing the law back in: essays in land, law and development. Hampshire: Ashgate, p. 139.
  3. ↑ According to The Canadian Encyclopedia: http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=A1ARTA0008273
  4. ↑ UN-HABITAT 2007.
  5. ↑ http://ezinearticles.com/?Some-Aspects-to-Consider-in-Urban-Planning&id=3766380
  6. ↑ http://commin.org/en/planning-systems/national-planning-systems/belarus/3.-planning-levels-and-specific-aspects/
  7. ↑ http://commin.org/en/planning-systems/national-planning-systems/belarus/3.-planning-levels-and-specific-aspects/
  8. ↑ http://ezinearticles.com/?Some-Aspects-to-Consider-in-Urban-Planning&id=3766380
  9. ↑ http://ezinearticles.com/?Some-Aspects-to-Consider-in-Urban-Planning&id=3766380
  10. ↑ http://commin.org/en/planning-systems/national-planning-systems/belarus/3.-planning-levels-and-specific-aspects/
  11. ↑ http://ezinearticles.com/?Some-Aspects-to-Consider-in-Urban-Planning&id=3766380
  12. ↑ http://commin.org/en/planning-systems/national-planning-systems/belarus/3.-planning-levels-and-specific-aspects/
  13. ↑ http://www.citiesalliance.org/ca/sites/citiesalliance.org/files/CA_Images/CityStatuteofBrazil_English_Ch4.pdf
  14. ↑ http://www.globalurbandevelopment.org/GUDMag06Vol2Iss1/Durand-Lasserve%20PDF.pdf
  15. ↑ http://www.unhabitat.org/pmss/getElectronicVersion.aspx?nr=2432&alt=1
  16. ↑ United Nations UN Settlements Programme (UN-HABITAT) (2007): Enhancing urban safety and security. Published by Earthscan, p. 207.
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