Conveners
T_02 PLANNING AND LAW: Property Rights Regimes
- Rachelle Alterman (Technion - Israel Institute of Technology)
- Daniela Hrabovskรก (รstav manaลพmentu STU)
T_02 PLANNING AND LAW: Land Policy, Densification and Regulatory Innovations for Urban Dynamics
- Luis Hilti (University of Liechtenstein)
T_02 PLANNING AND LAW: Climate and Environmental Planning
- Paula Vale de Paula (CiTUA, Instituto Superior Tรฉcnico, University of Lisbon)
- Sevkiye Sence TURK
T_02 PLANNING AND LAW: Special Planning Regimes and Developmental Regulations
- Mohammad Reza Tavangar (University College Dublin)
T_02 PLANNING AND LAW: Urban Regeneration Regulatory Frameworks
- Sevkiye Sence TURK
T_02 PLANNING AND LAW: Theoretical and Normative Frameworks
- Antonella Bruzzese (Politecnico di Milano)
In many European countries, land-use planning is facing increasing and oftentimes contradictory challenges. The increasing demand for housing is at odds with the policy objective of reducing land take. Densification is often seen as a panacea, yet it entails new implementation challenges, particularly in situations of fragmented property rights. In order to understand how land policy struggles...
It is now widely accepted that EU-policies, particularly environmental, have considerable impact on spatial planning in the member states (Evers and Tennekes, 2016; Fernรกndez-i-Marรญn et al., 2024; Purkarthofer, 2024). This impact can be felt at in all phases of the policy cycle: it can frame the discussion on planning issues (agenda setting), affect the types of policy interventions...
The paper presents various forms of ownership in Slovakia, their historical context and changes over time. The theoretical part focuses on the forms of land ownership relations in Horehronie, their specifics, uniqueness and use in the past. Results from field research, structured interviews and simple cartographic methods applied to the case study of Horehronie, provides an exploration of...
In international comparative terms, the EU has excelled in adopting a set of nature-protection policies and directives. However, these have not been enough to restrain urban and infrastructure development that continues to consume agricultural land and open landscapes. Aware of the urgency caused by climate change, the EU has adopted a set of policies that switches the focus from designating...
The increasing rigidity of legal and regulatory frameworks in spatial planning has hindered the ability to address contemporary challenges, including climate adaptation, demographic shifts, and rapidly changing local needs such as housing shortages or surpluses. Zoning, often criticized for perpetuating outdated models rooted in modernist or neoliberal priorities, has emerged in new forms with...
The rights to water and sanitation were recognized as autonomous, specific human rights "essential to the full enjoyment of life and all other human rights" by the General Assembly of the United Nations (UN) on July 28, 2010, through Resolution A/RES/64/292. This resolution made it clear that providing universal access to drinking water and sanitation is an obligation of governments. In other...
In light of global ambitions to reduce land take and the need for housing, densification has become a prominent policy goal for urban development in many countries. While densification has been widely discussed in academia for the inner-urban realm, suburban areas have huge potential but are yet understudied. Densification of suburban areas, however, is from a spatial planning perspective much...
Urban densification is increasingly advocated by planners throughout Europe as a viable solution to housing shortages and the reduction of land uptake. By optimizing existing urban spaces, densification promises to alleviate the pressure to develop greenfield sites, thereby preserving natural landscapes and promoting sustainable urban growth. Suburban areas have huge potential for...
Over the years, the Government of Quรฉbec has granted Quรฉbec municipalities extensive monetary levy powers. Aiming to enhance their autonomy and recognize their role as proximity governments, the provincial government provided municipalities with general taxation and regulatory charges powers in 2018 (Tremblay-Racicot et al., 2023). In 2023, additional powers were introduced, enabling...
Coastlines and estuarine river edges are changing. With sea levels rising, and continued coastal protection increasingly being financially and practically unviable, increased thought is being given to managing a retreat from vulnerable areas along urban river edges and coasts and learning to live with water. Flooding, however, isn't just about waters rising. National and international laws,...
In the face of the climate crisis, compact development is becoming a challenge to provide adequate urban ventilation. Dense, high intensity building development reduces wind velocity, leading to stagnation and accumulation of pollutants in the air and an increase in the urban heat island (UHI) phenomenon (Poฤwierz & Zielonko-Jung, 2021). In turn, air pollution and the UHI phenomenon negatively...
Under the dual challenges of climate change and urban sustainable development, Nature-Based Solutions (NbS) are one of the modern approaches to address environmental and social challenges. As an innovative strategy for urban sustainability, NbS has garnered widespread international attention (Nugent et al., 2015), and many countries have actively promoted its broad application. The Urban...
As in previous waves of public interest litigation (Morris 2016), plaintiff cities are turning to the courts in their efforts to seek climate justice against more powerful opponents. But can, and are, cities leading the way on climate justice? Here we analyse plaintiff city litigation with a climate-relevant purpose โ what we call โcity climate litigationโ โ as the latest incarnation of an old...
The establishment of logistics platforms in medium-to-small-sized municipalities has increasingly contributed to soil consumption, significantly impacting northern Italy in recent years and generating notable side effects. This issue is particularly evident in the province of Piacenza, Emilia-Romagna, which hosts a cross-border logistics network of major European significance, known as the...
Planning systems can be described as an amalgamation of legal structures, power relations, governance dynamics, and undoubtedly, a network of various actors affecting the form and function of the built environment. Planning systems are the main instrument with which governments control and manage development. For many planning practitioners and theorists in the Global North, considering...
Urban areas are increasingly vulnerable to natural and man-made disasters, exacerbated by factors such as dense populations, inadequate infrastructure and unplanned development. Such disasters can have devastating consequences, including loss of life, economic disruption, and social upheaval. Recognizing the critical importance of urban resilience, experts and scholars stress the need for...
Linking affordable housing with urban redevelopment has emerged as an approach to promoting housing affordability in cities facing fiscal constraints. Drawing on the case of China, the research explores why and how local authorities use innovative strategies to secure affordable housing through urban village redevelopment. By conceptualizing the implementation of innovative instruments as a...
Urban areas face interconnected crises, including natural disasters, environmental issues, extreme climate changes, social and spatial inequalities, and displaced communities. Growth-oriented development models exacerbate these challenges by undermining ecological balance, social justice, and resilience. In Istanbul, a city with high earthquake risk and similar vulnerabilities, the need for...
It has been about 20 years since the Urban Renewal Special Measures Act came into force in June 2002. Under this Urban Renewal Special Measures Act, Urban Renewal Special Districts are a planning consultation-type deregulation method that allows deregulation of floor area ratios, etc., in urban development projects within urban regeneration emergency development areas, depending on the...
The rapid growth and increasing complexity of European cities underscore the critical need for spatial planning to ensure sustainable urban environments. Within spatial planning, local land-use planning is translating strategic goals into legally binding regulations. Making up a big part of land ownership and development law, local-level regulations directly shape cities by controlling their...
The short-term rental (STR) market has undergone substantial expansion in recent decades. This expansion has been particularly marked in the case of Airbnb, which has led to a proliferation of complexities and challenges, impacting a diverse range of stakeholders, including local residents, the hotel and hospitality industry, operators of STRs, and governmental authorities. While this...
Due to its geographical location, Turkey has been and will continue to be exposed to major earthquakes at different times. This situation requires new buildings to be constructed with the performance to meet the earthquake risk on the one hand, and on the other hand, it requires the existing building stock to be made earthquake resistant. For second situation, two important policies in...
Turkey operates under a regulatory planning system; however, zoning plans allow for significant flexibility through plan notes. This flexibility often leaves urban development and transformation at the mercy of market dynamics. As a result, plans fall short of providing a clear vision for cities and fail to ensure sustainable urban development.
This study aims to explore how zoning plans...
ABSTRACT
The ongoing trend since the 1980s is elucidated by scholars across several disciplines using the frameworks of globalization and neoliberalism. The field of urbanization and planning is no exception to this situation. Like many countries, after the 1980s, Turkey underwent significant socio-political changes that profoundly impacted the country's urban decisions. Structural...
Urban transport systems are increasingly susceptible to natural hazards and climate-induced disruptions by posing significant challenges for urban resilience and public safety (Mattsson and Jenelius, 2015; Priolo et al., 2023). Ensuring the continuity of transport networks during and after crises is critical for both economic stability and sustainable urban development (Yang et al., 2022)....
Public space's role in urban quality is widely known: it defines the city's structure, provides material support for community life, and represents civic and religious powers and values. The mechanisms of public space production are manifold: they can be either the result of an urban plan realized by the public entity on public areas, or the result of more complex urban projects promoted by...
Comprehensive blueprint plans present a fixed end state for years or decades into the future, detailing elements such as land uses, zoning, and building regulations (Davoudi, 2021). Since the 21st century, criticism against blueprint planning has intensified, leading to a surge in adaptive planning concepts within planning literature, highlighting that blueprint planning is unsuitable for...
The Intergovernmental Panel on Climate Change (IPCC) in its Sixth Assessment Report, published in August 2021, highlights that climate change is โwidespread, rapid, and intensifying,โ with severe impacts on the built environment which is increasingly vulnerable to extreme weather events.
In recent years, climate action has gained increasing recognition on legislative multiple levels:...
Condification has resulted in city precincts across the globe being reshaped with tall buildings, sprinkled with small parks, and other limited social amenities. Our research addresses three significant challenges with codification: (a) design, maintenance and repair of condominium developments; (b) socio-economic limitations for further urban renewal of condominium precincts; and; (c) the...
Renewal of housing in condominium tenure presents unique challenges in urban regeneration due to complex decision-making requirements among co-owners. Condominium housing is prevalent in many countries. Extensive research exists on urban renewal in owner-occupied and rental housing, but condominium housing is grossly under-studied. Thus, the constraint to regeneration inherent in most...
Planning and law are two disciplines that are closely intertwined in practice, as legal norms have a decisive influence on planning processes and, conversely, they also change the interpretation and application of the law through everyday planning practices (Salet 2002: 26). The application of law plays a central role in planning practice for the success of a project. At the same time, spatial...
A large number of cities in East Asian metropolitan areas today are facing problems such as over-concentration of population, low fertility rates, aging, and demographic imbalances. This article focuses on the demographic changes, which includes population size and demographic structure๏ผin the four prefectures in Tokyo metropolitan area in Japan over the past two decades and analyses the...
This paper explores the judicialisation of urban planning conflicts, a phenomenon that reflects the growing distrust in traditional planning processes and their inability to resolve disputes over land use. Judicialisation involves transferring decision-making from the political-administrative realm to the courts, where judges and lawyers mediate conflicts that should ideally be resolved by...
The overarching planning system, i.e. the legal framework that regulates the formal planning process, the distribution of responsibilities among public and private stakeholders through property rights and obligations, relates closely to the impacts planners and architects can have on urban development through their proposals. With the gaining prominence of achieving sustainable urban...
Legitimacy and planning law โ the case of National Development Management Policies in England
In Englandโs discretionary planning system development management policies (DMPs) are core components of local development plans and decision making on planning applications. The elaboration of DMPs has traditionally been the preserve of local planning authorities. Under the Levelling Up and...
This study aims to understand the institution and governance for metro infrastructure financing at the local government level in China, where competing interests and negotiations could arise among public actors. In recent years, the metro system has been the main infrastructure investment - 53 cities across China built a metro system as of 2022. Moreover, Chinese metro companies are developing...
The book Normative Species by Peregrin offers an innovative perspective for urban planning by redefining the role of rules as a central element in the construction and management of urban space. Through an interdisciplinary approach, the book highlights how norms are not merely prescriptive tools but constitutive components of social reality, essential for the organization of institutions and...
After decades of deregulation and market-oriented reforms, government interventions and justice-oriented policies are gaining traction. The European Commissionโs Just Transition Mechanism (JTM) is an example of a justice-oriented planning approach. In this talk, I show how the grammar on justice as developed by the European Commission in the European Green Deal is not aligned with the needs of...
Public spaces fulfill central socio-cultural, political, and economic functions for cities. What constitutes a public space goes beyond mere question of ownership of spaces by public authorities, but it includes spaces that fullfil such public functions. Since the 1990s, there has been an increase in semi-public (sometimes also referred to as hybrid spaces), where functions of public space are...
Globally a desire, seemingly not unlike that of the 1980s, has taken hold to reduce red tape in government regulatory frameworks (The Economist, 2025). In some cases, such as in the UK, it is reportedly related to the desire to increase the building of new houses and related to that, make housing more affordable (Mullane, 2024). In others, such as in Argentina, it is about freeing up and...
"Urban densification" is a current and controversial concept in the urban planning literature. Some studies in the literature present urban densification as an argument against the urban policies that support urban sprawl as an effective use of resources. Although urban densification may consider to provide several social, economic and environmental benefits in this sense, urban densification...
Unauthorized construction and land use violations exist in every country but to very different degrees and contexts. Even the definition of what is a violation differs not only between Global South and North but also across jurisdictions in the Global North, including within EU member states. In some countries, such as Denmark and Finland, violations are rare and usually minor; whereas in...
Current regulations on short-term rental accommodation (STRA) are rooted in traditional concepts of long-term tenancy and ownership. The EU legal framework, shaped by competition law and common market principles, safeguards the platform economies' fundamental freedom to provide services within the Union (Article 56 TFUE). However, these provisions frequently clash with local policies aiming at...
The significance of the relationship between property, law, and spatial planning is increasingly widely recognized (Alterman, Balla et al. 2010, Davy 2012, Blomley 2017, Dorries 2017). Yet notwithstanding the recent spread of research on โnew municipalismโ (Ewen and Hebbert 2007, Clarke 2011, Sareen and Waagsaether 2022), there is still little planning research on the central role of municipal...
The article outlines the opportunities available to the Land Consolidation Court in cases where there is a desire to implement zoning plans, and where the execution of development is imminent.
The legal objectives of rural land consolidation and land readjustment, as its urban counterpart (Viitanen & Vitikainen, 2005), differ between countries. In Norway, land readjustment is a part of the...
The Life and Death of Metropolitan Planning in Turkey
Turkey's metropolitan planning tradition, once a cornerstone of metropolitan governance, began to unravel in the 1990s, giving way to territorial and urban master plans that lacked coordination and sensitivity to the complex dynamics of metropolitan areas (Yฤฑldฤฑz, 2006). Historically, metropolitan planning in Turkey provided an...
Millions of people are displaced every year due to extreme weather events caused by climate change. In 2020, 40.5 million people had to migrate, the highest figure of the last decade. It is estimated by climate change scenarios that this figure will be much higher in the coming years. Internationally, climate change policies have started to develop since the beginning of the 20th century and...
Desert cities are not new. Knowledge for effective planning with good amenity is ancient, but has been forgotten. This paper adopts a desktop analysis of crucial criteria for desert city planning and attempts to create a typology of law, policy and governance. It then critically assesses this criterion against sound planning practice vis-ร -vis that which can work for desert city planning,...
This presentation builds on the main findings of GoverDense, a 4-year research project examining the critical issue of urban densification and its intersection with land policy, emphasizing the often-overlooked social dimension of sustainability. By drawing on empirical data from eight case studies in the Netherlands and Switzerland, we provide a nuanced analysis of the land policy challenges...
