Legal Guarantees of Public Participation in Spatial Planning and Development

2021 ◽  
Vol 18 (3) ◽  
pp. 275-296
Author(s):  
Ewa Koniuszewska
Keyword(s):  
Local Government ◽  
Public Participation ◽  
Spatial Planning ◽  
Spatial Development ◽  
Development Plan ◽  
Planning Procedure ◽  
Regional Community

Abstract Residents of self-governing communities, organized in formalized structures, often express the need to articulate their own interests and views or to have influence over the content of adopted legal solutions. They are ready to get involved in public matters and collaborate with local government units in regulating affairs that are important to a given local or regional community. Without a doubt, the issue of spatial planning and development falls under this category. The legislator obliged competent bodies to safeguard public participation in works on the study of conditions and directions of spatial development of a municipality, a local spatial development plan and a voivodship spatial development plan. The aim of this paper is to analyse the applicable legal solutions as guarantees of public participation in the planning procedure. Moreover, it provides a basis for assessing real possibilities of participation of residents of local government units in the process of passing planning acts and of real influence over their content.

scholarly journals Selected Economic Aspects Of Adopting A Local Spatial Development Plan Exemplified By The Commune Of Tomice In Malopolskie Province

2015 ◽  
Vol 23 (4) ◽  
pp. 5-15 ◽  
Author(s):  
Krzysztof Gawroński ◽  
Barbara Prus
Keyword(s):  
Spatial Planning ◽  
Urban Population ◽  
Surface Coverage ◽  
Spatial Development ◽  
Economic Consequences ◽  
Development Plan ◽  
Residential Areas ◽  
Housing Investment ◽  
Increasing Demand ◽  
Spatial Plan

Abstract The object of this article is to analyze and asses the legal and economic consequences arising from the adoption (or change) of a local spatial development plan. The paper also presents, based on the example of the rural commune of Tomice in the Malopolska Province of Poland, how to estimate income to the commune budget from the collected planning fees. The analyses are based on planning studies, including the local spatial development plan from 2004, and the study of conditions and directions of spatial development from 2012. The council of Tomice Commune adopted the local spatial plan due to the increasing demand for residential areas. According to the plan, over 930 acres of land have been allocated for investment purposes, which is approx. 22.4% of the total area of 4,155 ha. The local plan was developed for all the six cadastral units of the commune, with one hundred percent surface coverage. The physiographic conditions and the location of Tomice Commune encourage the settlement of the urban population (from Wadowice or Krakow), which entails the need for housing investment areas. In 2012, the Tomice Commune adopted a change in the study of conditions and directions of spatial development. The proposed re-zoning of the area is in line with the policy of transitioning from an agricultural character towards the sustainable and multifunctional development of the commune. It is worth noting that the provisions of the plan of 2004 take into account the collection of a one-time fee for the sale of real estate whose value has increased as a result of the adoption of the plan. The amount of this fee for investment areas was set at the level of 30% of the increase in value, in accordance with the provisions of the Polish Act on Spatial Planning and Management. Due to the fact that the currently valid local plan has been in effect for 10 years, it can be assumed that the commune will proceed to make some changes to it. The article estimates the potentially generated income, assuming that changes in the study passed in 2012 with regards to designating land for investment purposes constitute an indication of provisions in the future local plan.

scholarly journals EDUCATING OF COMMUNITY TO CORRDINATE INETRESTS IN SPATIAL PLANNING

2020 ◽  
Vol 6 ◽  
pp. 605
Author(s):  
Sandra Ezmale
Keyword(s):  
Sustainable Development ◽  
Public Participation ◽  
Spatial Planning ◽  
Public Involvement ◽  
Planning Process ◽  
Spatial Development ◽  
Development Planning ◽  
Educational Opportunities ◽  
Inductive Method ◽  
Active Involvement

The main obstacles of low effectiveness of public participation in the development process of spatial planning documents in Latvia are the lack of confidence of the population in the effectiveness of public participation, the lack of adequate competence and skills of local authorities for involvement of different interest groups, insufficient understanding of society about the coordination the interests of individuals with spatial development aims in different planning levels, as well as with the aims of sustainable development of local government territory. There are a variety of informal measures and methods which the municipality can use to raise the level of public knowledge and awareness about spatial planning to achieve the best outcomes from both the public interest and sustainable development perspective. These measures help a more active involvement and effectiveness of participation of community in the spatial planning process. The purpose of the study is to describe the problems of coordination of different interests, insufficient public participation, as well as to identify the educational opportunities for the matching the different interests in spatial development planning process in Latvia. The following tasks were identified in order to achieve the objective of the study: (1) to justify the needs for the coordination of interests in the spatial planning process; (2) to identify the main problems of public involvement and educational opportunities for the coordination of the interests. Methods used - content analysis, document analysis, deductive and inductive method, comparative analysis.   

scholarly journals Zasada ważenia interesów w planowaniu i zagospodarowaniu przestrzennym a zasada proporcjonalności. Glosa do wyroku Naczelnego Sądu Administracyjnego w Warszawie z dnia 11 stycznia 2017 r., II OSK 932/15 – aprobująca

2017 ◽  
Vol 15 (4) ◽  
pp. 119-127
Author(s):  
Marta Woźniak
Keyword(s):  
Public Interest ◽  
Spatial Planning ◽  
Spatial Development ◽  
Third Parties ◽  
Development Plan ◽  
The Public ◽  
Constitutional Principle ◽  
The Future ◽  
Explanatory Memorandum ◽  
Principle Of Proportionality

Presented glossary to the judgment of the Supreme Administrative Court in Warsaw of 11 January 2017 (II OSK 932/15) is approved and polemic. The position of the Supreme Administrative Court has been divided that the municipal authorities may, in the local spatial development plan they formulate, restrict the rights of the owners in order to fully realize other values which they consider more important. When discussing polemics with the views expressed in the explanatory memorandum, three factors have been identified in this statement, which have determined the outcome of the findings of the local spatial development plan, the requirements of the public interest, and the future rights of third parties. As a consequence, it was recognized that the statutory principle of weighing interests – by referring to the constitutional principle of proportionality – was consistent with the system of application of the law of planning and spatial planning and shaping the correct relationship between the public interest and individual interests.

Can SPLUMA Play a Role in Transforming Spatial Injustice to Spatial Justice in Housing in South Africa?

2017 ◽  
Vol 30 (1) ◽  
pp. 26-41 ◽  
Author(s):  
Jeannie Van Wyk
Keyword(s):  
South Africa ◽  
Land Use ◽  
Land Reform ◽  
Spatial Planning ◽  
National Development ◽  
Well Being ◽  
Spatial Development ◽  
Land Use Management ◽  
Spatial Justice ◽  
Spatial Environment

Our spatial environment is one of the most important determinants of our well-being and life chances. It relates to schools, opportunities, businesses, recreation and access to public services. Spatial injustice results where discrimination determines that spatial environment. Since Apartheid in South Africa epitomised the notion of spatial injustice, tools and instruments are required to transform spatial injustice into spatial justice. One of these is the employment of principles of spatial justice. While the National Development Plan (NDP) recognised that all spatial development should conform to certain normative principles and should explicitly indicate how the requirements of these should be met, the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) contains a more concrete principle of spatial justice. It echoes aspects of both the South African land reform programme and global principles of spatial justice. Essentially section 7(a) of SPLUMA entails three components: (1) redressing past spatial imbalances and exclusions; (2) including people and areas previously excluded and (3) upgrading informal areas and settlements. SPLUMA directs municipalities to apply the principle in its spatial development frameworks, land use schemes and, most importantly, in decision-making on development applications. The aim of this article is to determine whether the application of this principle in practice can move beyond the confines of spatial planning and land use management to address the housing issue in South Africa. Central to housing is section 26 of the Constitution, that has received the extensive attention of the Constitutional Court. The court has not hesitated to criticize the continuing existence of spatial injustice, thus contributing to the transformation of spatial injustice to spatial justice. Since planning, housing and land reform are all intertwined not only the role of SPLUMA, but also the NDP and the myriad other policies, programmes and legislation that are attempting to address the situation are examined and tested against the components of the principle of spatial justice in SPLUMA.

REGULATION URGENCY CONCERNING ADMINISTRATIVE SANCTION GUIDELINES IN SPACE ADMINISTRATION

2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Rakhmat Bowo Suharto
Keyword(s):  
Sustainable Development ◽  
Welfare State ◽  
Spatial Planning ◽  
Legal Protection ◽  
Spatial Development ◽  
Administrative Sanction ◽  
The Government ◽  
The Welfare State

The spatial development can be supported by sustainable development, efforts are needed to divert space through the imposition of sanctions on administration in the spatial field. In the context of a legal state, sanctions must be taken while ensuring their legality in order to provide legal protection for citizens. The problem is, the construction of administrative regulations in Law No. 26 of 2007 and PP No. 15 of 2010 contains several weaknesses so that it is not enough to provide clear arrangements for administrative officials who impose sanctions. For this reason, an administration is required which requires administrative officials to request administrative approval in the spatial planning sector. The success of the regulation requires that it is the foundation of the welfare state principle which demands the government to activate people's welfare. 15 of 2010, the main things that need to be regulated therein should include (1) the mechanism of imposing sanctions: (2) determination of the type and burden of sanctions; and (3) legal protection and supervision by the region.

The New Paragraph 16 of Article 148 of the Spatial Development Act

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Ivelina Velcheva ◽  
◽  
◽  
Keyword(s):  
Urban Planning ◽  
Public Interest ◽  
Private Property ◽  
Spatial Development ◽  
Legal Order ◽  
Development Plan ◽  
History Of Development ◽  
History Of ◽  
Principle Of Proportionality

This paper focuses on paragraph 16 of Article 148 of the Bulgarian Spatial Development Act, as well as on the need of establishing this new regulation, the means for applying the street regulation provided in the detailed development plan, and the history of development laws in Bulgaria. It considers the new provision in terms of its meaning for better urban planning of settlements and construction of infrastructure necessary for the development of property, such as pavements, streetlights, landscaping, etc. The legal order established by the Bulgarian Constitution is guaranteed through meeting the requirement for public interest and the principle of proportionality under alienation of private property for the purpose of applying street regulation.

scholarly journals Legal and Organizational Framework for the use of Geoweb Methods for Public Participation in Spatial Planning in Poland: Experiences, Opinions and Challenges

2018 ◽  
Vol 37 (3) ◽  
pp. 163-175
Author(s):  
Edyta Bąkowska-Waldmann ◽  
Cezary Brudka ◽  
Piotr Jankowski
Keyword(s):  
Public Participation ◽  
Case Studies ◽  
Spatial Planning ◽  
Spatial Scales ◽  
Local Authorities ◽  
Planning Processes ◽  
Organizational Framework ◽  
Public Consultations

Abstract Geoweb methods offer an alternative to commonly used public participation methods in spatial planning. This paper discusses two such geoweb methods – geo-questionnaire and geo-discussion in the context of their initial applications within the spatial planning processes in Poland. The paper presents legal and organizational framework for the implementation of methods, provides their development details, and assesses insights gained from their deployment in the context of spatial planning in Poland. The analysed case studies encompass different spatial scales ranging from major cities in Poland (Poznań and Łódź) to suburban municipalities (Rokietnica and Swarzędz in Poznań Agglomeration). The studies have been substantiated by interviews with urban planners and local authorities on the use and value of Geoweb methods in public consultations.

scholarly journals PERAN DINAS TATA RUANG DAN CIPTA KARYA DALAM PENGELOLAAN SAMPAH DI KABUPATEN BULUKUMBA

2015 ◽  
Vol 5 (2) ◽  
Author(s):  
Akhmad Affandi ◽  
Fatmawati Fatmawati ◽  
Adnan Ma'ruf
Keyword(s):  
Data Collection ◽  
Waste Management ◽  
Human Resources ◽  
Public Participation ◽  
Spatial Planning ◽  
Contributing Factors ◽  
Human Settlements ◽  
Observation Instruments

This study aims to clarify the role and efforts of the Department of Spatial Planning and Human Settlements in managing waste in Bulukumba. This type of research is qualitative with data collection using interviews and observation instruments. The data is analyzed deskriktif and interpretation to the informant to conduct interviews. The results showed that: in carrying out the role as implementor and supervisor of the waste management in Bulukumba, Spatial Planning and Human Settlements Bulukumba can not yet provide the maximum results. Not maximal results are affected by the lack of human resources and lack of infrastructure are still available have greater influence in waste management. The contributing factors are: public participation and the availability of land (TPA).    Penelitian ini bertujuan untuk menjelaskan peran dan upaya Dinas Tata Ruang dan Cipta Karya dalam mengelola sampah di Kabupaten Bulukumba. Jenis penelitian ini adalah Kualitatif dengan teknik pengumpulan data menggunakan instrumen wawancara dan observasi. Data tersebut dianalisis secara deskriktif dan interpretasi kepada informan dengan melakukan wawancara. Hasil penelitian menunjukkan bahwa: dalam melaksanakan peran sebagai implementor dan pengawas terhadap pengelolaan sampah di Kabupaten Bulukumba, Dinas Tata Ruang dan Cipta Karya Kabupaten Bulukumba belum dapat memberikan hasil yang maksimal. Belum maksimalnya hasil tersebut dipengaruhi oleh kurangnya sumber daya manusia serta masih minimnya sarana dan prasarana yang tersedia memiliki pengaruh lebih besar dalam pengelolaan sampah. Adapun faktor pendukung yakni: partisipasi masyarakat dan ketersediaan lahan (TPA).

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