the challenges of spatial planning and territorial ... · the challenges of spatial planning and...

The challenges of spatial planning and territorial development policy coordination alongside internal borders in decentralized states: The Belgian case

Pieter Van den Broeck - KU Leuven - ESRC seminar - London - 5th of December 2014

1.

APPROACH: CRITICAL-INSTITUTIONALIST, STRATEGIC-RELATIONAL

approach planning law 3 systems cooperation? epilogue

THE INSTITUTIONALIST APPROACH

administrations, corporations of land and property owners, planning firms, laywer firms, architects, building and development sector …

administrative and legal procedures, circulars, jurisdiction, theories, planning educations, discourses

land use plan

structure planning

planning permit system

APPROACH

THE INSTITUTIONALIST APPROACH

developers, investors, design and planning firms, laywer firms, architects, financial sector, local councils, urban policy department, public architect, …

research by design procedures, project management and process design protocols, public management theories, PPP legislation, property markets, city marketing strategies, subsidies

strategic project

community development

project planning

relevant social group

individual and

collective actors

institutional frame

instruments of urban

design and planning

relevant social group

individual and

collective actors

institutional frame*

instruments of urban

design and planning

socio-technical ensemble

institutional dynamics

more ensembles

macro structural dynamics

(Van den Broeck 2010, 2011, 2012, 2013)

SUMMARY

• urban design and planning are embedded in an ‘institutional field’ of actors and institutions, expressed and analysed in terms of each other

• socio-technical ensembles: actors, relevant social groups, instruments, institutional frame

• urban design and planning instruments as institutions

• bio-physical, technical, cognitive, socio-economic, socio-political, discursive dimensions

• structurally oriented strategic calculation and structurally inscribed strategic selectivity

• reflexive-recursive dialectical institutional dynamics

• urban design and planning instruments embody socio-political characteristics, compromises and power relations

APPROACH

SUMMARY

• actors producing planning systems, but at the same time operating within those planning systems

• several planning systems active at the same time

• changing a planning system is making a different system

• permanent struggle over planning systems

• range of societial dimensions structuring planning systems

• actors and planning systems within different paradigma’s, value systems, ‘planning cultures’, …

• ongoing dynamics

APPROACH

(COMPARATIVE) RESEARCH ON PLANNING SYSTEMS

• question: who produced, maintains, benefits from a

planning system? in which institutional and

power dynamics?

• and thus: how does a specific planning system mediate

macro-structural dynamics (from fordism to post-fordism)

• also: explain the technical, since it is institutionally embedded

• so: focus on differences rather than similarities?

• relates to: issue of institutional transplantation

APPROACH

QUESTIONS ON GOVERNANCE AND SCALE (INCL. CBC)

• who benefits from rescaling, who mobilises which scales for which interests, what compromises are expressed on which scales?

• how does this change in episodes of re-scaling? who gets empowered? who gains and who loses?

• how can we facilitate social innovation through re-scaling, that changes power structures and power relations embedded in existing configurations of scale, addressing needs of all and empowering weaker actants?

• as opposed to: when does CBC make sense, how to stimulate CBC, which typology, …

BACKGROUNDS IN SOCIO-POLITICAL THEORIES

• the structure - agency debate in social theory

• rationalist versus critical institutionalism

• planning and theories of the state

• theories of territorial development and social innovation

• strategic-relational approach

(reading: Moulaert 2005; Moulaert and Jessop 2012; Van den Broeck 2010)

2.

THE 1962 PLANNING LAW AND THE RISE OF THE BELGIAN WELFARE STATE


THE EMERGENCE OF THE BELGIAN WELFARE STATE

towards a fordist, pillared, corporatist nation state

• socio-economic: manufacturing, mass-production and consumption

• socio-political: ’pillared’ society, socio-political families, corporatist practices

• cultural-ideological: from catholic liberal capitalism towards social-christian democracy

so: state gains power over municipalities, provinces?, welfare state replaces elite government

SPATIALISED POLICIES

• housing: home ownership predominant model (1989, De Taeye law, ...)

• economic: economic expansion laws, economic development all over the country

• agricultural policies: industrialisation, upscaling

• infrastructure: extensive rail system, highways, canals, ...

THE 1962 PLANNING LAW

the 1962 law as a compromise between:

• Belgian government: formalisation and standardisation of municipal planning permit systems into one system

• economic sector and public works: zoning of industrial areas and infrastructure

• land owners and their organizations: allotment permit

• pre-war urban planners and urban designers: hierarchy of plans

3.

3 PLANNING SYSTEMS IN AN AGE OF ECONOMIC RESTRUCTURING, RESCALING AND NEO-LIBERAL DISCOURSE


RESTRUCTURING OF THE WELFARE STATE

transformations in the Belgian (Keynesian) welfare state

• socio-economic

from manufacturing to service economy

• socio-political

fragmentation of the ‘pillared’ society, its movements (middenveld), its corporatist practices

• cultural-ideological

from social-christian democracy and solidarity to ideological liberalism, market fundamentalism and individualism (the rise of the ‘interest communities’ society)

3 SYSTEMS

1. FLANDERS

3 SYSTEMS

HISTORY OF FLEMISH SPATIAL PLANNING AFTER 1962, AT FIRST SIGHT

• 1962 Belgian law on town and country planning formalised system of planning permits, allotment permits, hierarchical plans

• 1972 Belgian decree on subregional plans formalisation and standardisation of subregional plans

• 1970s and 1980s changes in the 1962 law, experiments with structure planning

• 1996 Flemish planning decree a legal base for structure planning, new generation of land use plans

• 1999 Flemish decree on spatial planning integration of 1996 structure planning and 1962 planning permit system

• 2009 Flemish codex of spatial planning flexible permit system, restricted new land use plans, incapsulated structure planning

• 2014 integration of environmental permit and planning permit

• 1962-1972: planning permits, proliferation of housing allotments, draft subregional plans rooted in socio-economic planning studies

INSTITUTIONALIST READING - 5 EPISODES

• 1972-1983: planning permit system versus structure planning (as an offspring of socio-economic planning)


• 1983-1991: predominance of the planning permit system and rise of urban design


• 1991-1999: structure planning, environmental policies, regional development, community development and mobility planning in a common frame


subsidiary structure planning

new generation of land use plans

some coherence in different policy domains

structure planning - • desired spatial structure • hierarchy of roads • flemish ecological network • 60/40 rule • urban boundaries for urban areas • 400.000 additional dwellings • additional industrial areas • …

regional development

environmental planning

mobility planning

urban policy

housing policy

permit system

state reform: Art. 6 § 1

Bijz. Wet 8/8/80

devolution of spatial planning and state reform in Belgium

• scandals concerning spatial planning and environmental policy

• small victories in a diversity of spatial policy domains

• the election of two successive Center-Left governments

• personalities of several ministers (among which two pro-active

ministers for spatial planning: Kelchtermans, Baldewijns), …

• legacy of the ‘May ‘68’ protest against consumerism

other drivers

• 1999-2014: return of the planning permit system, fragmentation of structure planning and project planning


changes in the permit system

• planning permits according to accelerated procedures

• internally flexible land use plans prepared by ‘structure plans’

• abolition of generic departure from existing plans

• abolition of possibility to create new out-of-zone constructions

• seperation of competences of planning officer and inspection

• introduction of appeal by third parties

• prevention of offences by means of planning registers

• extension of list of offences

1999

players: left wing political parties (CVP/ACW, SP, VU), environmental movement,

Flemish advisory committees (MINA, SERV), press, planning administration,

planners, lawyers and academics, unions, …

changes in the permit system

• extension of constructions which can receive a planning permit

• generic departure from existing land use plans

• re-introduction of exceptions allowing building in non-housing areas

• limitations of degree of discretion in new generation of land use plans

• reduction of possibilities of enforcement by inspection officers

• introduction of unproductive administrative courts

• reduction of list of offences and obligations to restore

2009

players: right wing political parties (CVP, VLD, Vlaams Blok), organisations of property

owners, members of parliament and law firms linked to offenders, new civil

organisations of property owners (Mijn huis mijn recht), local (CD&V) council

members, construction sector

institutional backgrounds of permissive development control

• the planning permit and administrative logics of control versus discretion

• the right of ownership

• fordist socio-economic structure

• historical fragmented Belgian spatial structure

• subregional land use plans as individualisation of development rights

• (territorial) configurations and ideologies of political parties

• logics of the legal profession and different positions on ‘legal certainty’

• organisation of government

• land policy, land and real estate market

summary

professional planners, planning educations, … planning administration, regional planning ofificer left political parties (SP-A, ACW, Agalev) socio-political sectors and actors working on nature, environment, mobility, agriculture administrations of agriculture, nature, forestry, economy (?)… local authorities working on spatial planning and urban projects, …

AROHM - inspection adm. regional inspection officer’ public prosecutor judicial authorities

* regionalisation of Belgium, * may ’68: reaction against consumerism,

‘limits to growth’, more pluralism in decision making,

* development of environmental and mobility policies, •international strategic planning, •fixed master planning as enemy,

* RSV including compromise open space - economy and compromise agriculture - nature,

spatial planning law 1999, strict approach on reserved housing areas

* administrative logic of control, * judicial logic,

* strict inspection and sanctioning after 1995, penalties and restoring as sanctions,

legal certainty through planning - permit - inspection/santioning, * abrogated exceptions for out-of-zone constructions

large owners, small owners (80 % of Flanders), property cooperations offenders and their cooperations (MHMR, NCWV) cooperations of companies building and development sectors local authorities and CVP mayors/members of parliament political parties VLD, right wing CVP/CD&V, VB AROHM – ‘old’ regional planning officer (GA) lawyers specialised in planning and permit systems Council of State

structure plan as preparation experiments with land use plans new generation of land use plans (RUPs) PLA+ and sector BPA strict permit & strict inspection , demolitions

right of ownership according to constitution and civil code (‘legal certainty’),

structure of housing sector (‘everybody owner’) mechanisms of the building and development sector,

discourse on “brick in the stomach” CVP constituency and regulation on mayors in parliament

property market and prices subregional land use plans (giving up development rights)

‘easy’ planning and allotment permit constrained inspection and sanctioning possibilities of departure unambiguous building regulations ad hoc land use plans

dynamics planning permit system 1999

professional planners, planning educations, … RWO ARP en Ag R-E (GSA) (SP-A – left wing CD&V – Groen!) (ACW, actors working on environment, nature & forestry, mobility, agriculture, landscape, recreation in open space,…)

high council for restauration policy or sanctioning policy

regionalisation of Belgium, may ’68: reaction against consumerism,

‘limits to growth’, more pluralism in decision making,

development of environmental and mobility policies, international strategic planning, fixed master planning as enemy,

RSV including compromise open space - economy and compromise agriculture - nature,

spatial planning law 1999, strict approach on reserved housing areas

Vlaamse Codex RO ‘09

administratif logic of control, judicial logic,

legal certainty = right of developing property, strict inspection and sanctioning and abolition of exceptions

large owners, small owners (80 % of Flanders), property cooperations offenders and their cooperations (MHMR, NCWV) cooperations of companies building and development sectors local authorities and CVP mayors/members of parliament political parties VLD, right wing CVP/CD&V, VB lawyers specialised in planning and permit systems Council of State

structure plan (in adm en jur straitjacket) flexible A.P.A.’s and B.P.A.’s, new GP RUP (in adm en jur straitjacket) strict permit strict sanctioning

Flemish Codex RO 2009, permissive approach offences,

right of ownership according to constitution and civil code (‘legal certainty’),

structure housing sector (‘everybody owner’), mechanisms of building and development sector,

discourse “brick in the stomach”, CVP constituency and regulation on mayors in parliament,

discourse ‘my home, my right’ (mixing out-of-zone issue and sanctioning)

restructuring welfare state and ideologic liberalism property market and prices

land use plans giving away developmpent rights

RUP in straitjacket, unambiguous rules easy planning and allotment permit generic exceptions ad hoc RUP, project-RUP ‘urgent’ permit planologic certificate planning benefits

dynamics planning permit system 2009

restrained punishability restrained rest. obligation

socio-political sectors - administratif - socio-political organisations - political support

sectoral checks

agency for inspection public prosecutor and judicial authorities

‘project planning’

institutions of project planning

• urban design, research by design, physical realisation

• project management, process design, strategic planning

• autonomisation of public services, ‘good governance’ and public management

• PPP and private logics

• property development and trade

• communication, PR, conflict management, city-marketing

• urban renewal fund, urban fund, subsidies for strategic projects

• value-capturing, compensations, social housing

• 1962: a new law as a compromise between land owners, planners and the economic sector

• 1962-1972: planning permits, proliferation of housing allotments, and draft subregional plans rooted in socio-economic planning studies

• 1972-1983: planning permit system versus structure planning (as an offspring of socio-economic planning)

• 1983-1991: predominance of the planning permit system and rise of urban design

• 1991-1999: structure planning, environmental policies, regional development, community development and mobility planning in a common frame



FLANDERS - SUMMARY

• planning instruments, planning systems - permissive planning permit system: 1960s, 1980s, post 1999 - ecologistic structure planning: 1970s, 1990s - project planning

• issues, contexts, social dynamics - land ownership and enclosure, economic development - environmental crisis, territorial autonomy, nature-agriculture and economy-open space compromises - urban development, urban policy, competition of cities discourse

• politics of scale - 1970, 1980, ...: regional autonomy in different steps (rooted in cultural versus economic redevelopment needs) - 1996: three tier system in planning, challenging power of socio-political families, land owners and some centralised state agencies - 2003: new public management reorganisation (sectors, semi-privatisation, ‘smart’ objectives) - 2010: new localism - municipal autonomy and intermunicipal cooperation

3 SYSTEMS

2. WALLONIA

• planning instruments, planning systems - planning permit system - structure plans - area of mixed economy, brownfield convenants, fiscal stimulus for economic development - land consolidation, heritage design frameworks

3 SYSTEMS

WALLONIA

• issues, contexts, social dynamics - economic redevelopment (coal belt, Brussels southern periphery, cross-border relations - rural development, protection of landscape and heritage

3 SYSTEMS

WALLONIA

• politics of scale - continuity of the socialist party - regional autonomy versus Brussels - Wallonia cooperation - strong intermunicipal organisations - German cultural community

3 SYSTEMS

3. BRUSSELS

• planning instruments, planning systems - regional development plan (regional sustainable development plan) - regional land use plan, local land use plans - neighbourhood contracts - strategic areas of regional importance

3 SYSTEMS

BRUSSELS

• issues, contexts, social dynamics - office space control - European Union offices - urban regeneration, preservation of housing function - large scale urban development

• politics of scale - complex negotiation structure Flemish and Walloon region - regional autonomy versus strong municipal autonomy - regional autonomy versus Brussels - Walloon cooperation

3 SYSTEMS

4.

INTRA-BELGIAN CROSS-BORDER COOPERATION REGARDING SPATIAL POLICIES?


FROM STATE-LED GOVERNANCE TO REGIONAL COOPERATION?

• intra-regional dynamics in regionalised and diverging spatial policies spatial planning, environmental policies, housing, regional economical development, mobility and infrastructure planning, agriculture and rural development, climate change, energy

• few remaining national policies planning the sea, climate change and sustainable development, energy, airport policies, (large cities policy support)

• from ‘wafer iron politics’ to competition between regions containment of Brussels, south or north of Brussels?, war of shopping centers, shift in financial power, ...

• some intra-belgian cross-border cooperation Benelux: Benelux spatial structure plan, cross-border cooperation commission, ... agreements: cooperation agreement mobility, interregional information platform spatial planning projects: TOP Brussels North, city-regions?, fine grained cooperation on the ground?

COOPERATION?

5.

EPILOGUE


CONCLUSIONS

• the state as cross-border cooperation?

• state of divergence: different trajectories, planning on different issues, mobilising different instruments, ...

• but: complexities beyond generalisation

• interborder cooperation also depending on intra-regional dynamics

• rescaling is dynamic

EPILOGUE

SOME FURTHER READING

• Van den Broeck, P., Verachtert, K. (u.r.), Whose permits? The tenacity of

permissive development control in Flanders

• Van den Broeck, P., Kuhk, A., Lievois, E., Schreurs, J., Moulaert, F. (2014), Spatial planning in Flanders. Serving a by-passed capitalism?, in: eds. Blotevogel, H., Getimis, P., Reimer, M., Spatial Planning Systems and Practices in Europe: Towards Multiple Trajectories of Change, p. 190-209, Routledge

• Servillo, L., Van den Broeck, P. (2012), The social construction of planning systems. A strategic-relational institutionalist approach, Planning Practice and Research, 27(1), pp. 41 - 61h

• Van den Broeck, P., Verachtert, K. (2011), Evaluatie van het Vlaams instrumentarium voor planning en ontwikkeling. Het vergunningensysteem, Voortgangsverslag 4 van werkpakket 10 voor het Steunpunt Ruimte en Wonen

• Van den Broeck, P. (2010), Analysing social innovation through planning instruments: a strategic-relational approach, in: “Strategic projects, catalysts for change”. Eds Oosterlynck, S., Van den Broeck, J., Albrechts, L., Moulaert, F., Verhetsel, A., p. 52 - 78, Routledge, London and New York

• Van den Broeck, P., Verachtert, K., Kuhk, A. (2010), Evaluatie van het Vlaams instrumentarium voor planning en ontwikkeling, Voortgangsverslag 1 van werkpakket 10 voor het Steunpunt Ruimte en Wonen

• Van den Broeck, P. (2008), The changing position of strategic spatial planning in Flanders. A socio-political and instrument based perspective. International Planning Studies, 13(3), pp. 261 - 283

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