Legal Aspects Related to Brownfield Regenerations

Prof. Maros Finka, M.arch., Ph.D.

„This project has been funded with support from the European Commission. This publication [communication] reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the

information contained therein.“

Goals of the teaching unit• To develop awareness about the broad scale of legal

instruments framing brownfield regneration processes• to develop awareness concerning the synergies of legal and

institutional, financial, technical and planning instruments• to develop the knowledge about different approaches in

leagal framing of the brownfield regeneration• to provide infomation about national specific legal

arangements for brownfield regeneration• to mediate the examples from other EU countries

Content of the teaching unit1. Contexts of legal instruments in brownfields

redevelopment2. Legal framework for brownfield regeneration3. Legal and institutional preconditions for brownfield

regeneration4. ROUND TABLE DISCUSSION5. Transferability and innovations in legal and

institutional instruments 6. Conclusions

Context of the legal instruments in the system of brownfield regeneration instruments

Structure of the instruments supporting brownfield regeneration

Types/categories of instruments

Core instrumentsLegal and institutional instruments

Planning instruments

Economic and Financial instruments

Technical instruments

Complementary Instruments

Brownfield regeneration as a specific problem of legal environment

• Integrative and particular legal acts• Particular problems in brownfield regeneration and sectorial

legal framework• Management and planning legal framework• Involvement of public and private sector in the contexts of

legal framework• Legal framework for public intervention• Legal preconditions for integration of social, economic,

environmental and cultural aspects

Legal and institutional preconditions for different organisational models of

brownfield regeneration managementManagement provided:•exclusively by the local government body•by the local government body focusing on the coordination of the re-development activities taken by the different public and private stakeholders•by the special unit (e.g. development agency) empowered by the public body •by the joint institution established in the public-private partnership (PPP)•by private investor under the collaboration under the cooperation with the other stakeholders (public representatives incl.)•by the exclusive developer

National specific system of legal and institutional instruments – overview

National specific system of legal and institutional instruments I.

Main types/ categories /fields of instruments

Legal Instruments

Property registration and description

National Property

Property ownership

Land consolidation

Development, planning, construction

Environmental legislation

Agricultural land protection

Self-governmental responsibilities at the regional, micro-regional and local levels

Minerals protection law

Forestry law

Cultural heritage

Norms and Standards

Orders, Decrees

Procurement law

Legal procedures

Other legal instruments

National specific system of legal and institutional instruments - overview

National specific system of legal and institutional instruments II.

Main types/ categories /fields of instruments

Institutional Instruments

State and self governmental bodies Local level

State and self- governmental bodies Mircro-regional and regional level

State and self- governmental bodies National level

Specialised professional units

Joint coordination and management bodies at the local, micro-regional, regional and national level

Agreements, contracts

Policies

Other supporting institutions

National and local brownfield regeneration policies and management

National policies are mostly focused on:•identification of the brownfields•identification of the need of external interventions•providing support for the interventions (financial, organisational, institutional...)•coordination of local components

Local policies represent mostly:•specific brownfield regeneration strategy needs•examination of the wider impacts of the intervention regarding the surroundings•key role in brownfield regeneration management, as the integrated part of spatial development management at the local level, including the planning processes •active role in promoting brownfield regeneration by providing a complex policy framework integrating the sectoral policies (fiscal – subsidies, allowances, taxes, environmental – limits, fees, directions, orders, social-benefits, public services and resources – raw materials, financial, infrastructure, human sources)•co-ordination of sectoral policies, allocation of the resources, coordination of the exploitation of the sources in time and space is crucial role of the spatial development planning and especially land-use planning.

The role of legal aspects in the brownfield regeneration process

• Introducing a set of legal instruments to reflect the pressing problem of abandoned old industrial sites, framing the brownfield regeneration processes allows more active interventions by the state: – to facilitate these processes, – to focus financial and other sources on defined priorities,

and – to achieve much better progress in brownfield

regeneration.

Round table discussion

Moderated discussion focused on following questions:•Where can you see the gaps in current legal and institutional system regarding brownfield regeneration (national specific in respective country of the course participants)•Where can you see, based on your own experience, the inspirations for filling the gaps in national specific legal and institutional systems regarding the brownfield regeneration.

Transferability and innovations in legal and institutional instruments for brownfield

regeneration• Development in legal and institutional frameworks of the

brownfields regeneration at the EU level • Outputs from the comparision of national specific legal and

institutional frameworks with the project partner countries• Innovation needs in respective country • Possibility for the transfer of approved instruments from

other project partner countries and EU countries• Possiblity to use the outputs form the research projects

supported by the EU

Conclusions – What did we learn?

• The contexts and synergies of the legal and instutional aspects in brownfield regeneration managment.

• The key legal and institutional instruments supporting the brownfield redevelopment.

• The possiblity for transfer of best practice from the other countries.

• The innovative approaches in legal and institutional frameworks for brownfield regeneration.

Thank you for your attention

http://browntrans.vsb.cz

„This project has been funded with support from the European Commission. This publication [communication] reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the

information contained therein.“