The role of law in urban planning and land development*

2019 ◽  
pp. 137-181
Author(s):  
Patrick McAuslan
Author(s):  
Jeannie Van Wyk

This note offers a critical reflection of the recent landmark decision in City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal which lay to rest the negative consequences of employing the DFA procedures of the Development Facilitation Act 67 of 1995 (DFA) alongside those of the provincial Ordinances to establish townships (or to use DFA parlance, “land development areas”). The welcome and timely decision in City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal has declared invalid chapters V and VI of the DFA. Moreover, it has formalised planning terminology in South Africa, delineated the boundaries of “municipal planning” and “urban planning and development” as listed in Schedules 4 and 5 of the Constitution of the Republic of South Africa, 1996 and, in the process, clarified the structure of planning law. This note examines the decision of the SCA and focus on the role it will clearly have in reforming some of the law relating to planning. It considers the facts of the case, uncertainties around terminology, the structure of planning in South Africa, the content of municipal planning, the role of the DFA and the consequences of the declaration of invalidity by the SCA.


2018 ◽  
Vol 10 (9) ◽  
pp. 2993 ◽  
Author(s):  
Hoang Nguyen ◽  
Jin Duan ◽  
Jin Liu

During the post-reform period since 1986, land-use systems in Vietnam have been reformed in terms of the regulation of land markets and the built environment. This study analyzes the changing role of urban planning and the policy of state intervention in land markets to manage spatial changes in Vietnamese cities. Theoretical and empirical approaches are used to analyze urban development and planning practices in Hanoi. The study further describes the constraints of planning systems in hybrid land markets that include both formal and informal land development. We argue that in Vietnam, where the role of the state in market construction has not been fully developed and land market institutions are incomplete, urban planning is used as a passive tool of state control and is no longer relevant to the process of spatial development, which is driven by the speculative activities of interest actors. This situation challenges state regulations for the effective management of spatial resources. The empirical results suggest the utility of further reforms to the land-use system and planning institutions in Vietnam, and of strengthening the capacity of the state in land administration.


Author(s):  
D.B. Wright

The physical features, climate and soils of the West Coast are described. Expansion since 1964 of dairy production, sheep and beef cattle numbers, and areas of improved grassland are highlighted, as is the role of the Crown in land development and settlement. While isolation and distance, development costs, river problems, and farmer attitude and knowledge are considered limitations, great scope exists for increased production by the adoption, of more intensive techniques, including horticulture on the best coastal soils, and by development of waste land.


Urban Science ◽  
2021 ◽  
Vol 5 (3) ◽  
pp. 52
Author(s):  
Peter Newman ◽  
Sebastian Davies-Slate ◽  
Daniel Conley ◽  
Karlson Hargroves ◽  
Mike Mouritz

The need for transit oriented development (TOD) around railway stations has been well accepted and continues to be needed in cities looking to regenerate both transit and urban development. Large parts of suburban areas remain without quality transit down main roads that are usually filled with traffic resulting in reduced urban value. The need to regenerate both the mobility and land development along such roads will likely be the next big agenda in transport and urban policy. This paper learns from century-old experiences in public–private approaches to railway-based urban development from around the world, along with innovative insights from the novel integration of historical perspectives, entrepreneurship theory and urban planning to create the notion of a “Transit Activated Corridor” (TAC). TACs prioritize fast transit and a string of station precincts along urban main roads. The core policy processes for a TAC are outlined with some early case studies. Five design principles for delivering a TAC are presented in this paper, three principles from entrepreneurship theory and two from urban planning. The potential for new mid-tier transit like trackless trams to enable TACs is used to illustrate how these design processes can be an effective approach for designing, financing and delivering a “Transit Activated Corridor”.


2021 ◽  
Vol 13 (9) ◽  
pp. 5033
Author(s):  
Linda Novosadová ◽  
Wim van der Knaap

The present research offers an exploration into the biophilic approach and the role of its agents in urban planning in questions of building a green, resilient urban environment. Biophilia, the innate need of humans to connect with nature, coined by Edgar O. Wilson in 1984, is a concept that has been used in urban governance through institutions, agents’ behaviours, activities and systems to make the environment nature-inclusive. Therefore, it leads to green, resilient environments and to making cities more sustainable. Due to an increasing population, space within and around cities keeps on being urbanised, replacing natural land cover with concrete surfaces. These changes to land use influence and stress the environment, its components, and consequently impact the overall resilience of the space. To understand the interactions and address the adverse impacts these changes might have, it is necessary to identify and define the environment’s components: the institutions, systems, and agents. This paper exemplifies the biophilic approach through a case study in the city of Birmingham, United Kingdom and its biophilic agents. Using the categorisation of agents, the data obtained through in-situ interviews with local professionals provided details on the agent fabric and their dynamics with the other two environments’ components within the climate resilience framework. The qualitative analysis demonstrates the ways biophilic agents act upon and interact within the environment in the realm of urban planning and influence building a climate-resilient city. Their activities range from small-scale community projects for improving their neighbourhood to public administration programs focusing on regenerating and regreening the city. From individuals advocating for and educating on biophilic approach, to private organisations challenging the business-as-usual regulations, it appeared that in Birmingham the biophilic approach has found its representatives in every agent category. Overall, the activities they perform in the environment define their role in building resilience. Nonetheless, the role of biophilic agents appears to be one of the major challengers to the urban design’s status quo and the business-as-usual of urban governance. Researching the environment, focused on agents and their behaviour and activities based on nature as inspiration in addressing climate change on a city level, is an opposite approach to searching and addressing the negative impacts of human activity on the environment. This focus can provide visibility of the local human activities that enhance resilience, while these are becoming a valuable input to city governance and planning, with the potential of scaling it up to other cities and on to regional, national, and global levels.


2011 ◽  
Vol 31 (2) ◽  
pp. 139-143 ◽  
Author(s):  
Marco te Brömmelstroet ◽  
Luca Bertolini

2006 ◽  
Vol 360 (1-3) ◽  
pp. 233-245 ◽  
Author(s):  
M.G. Culshaw ◽  
C.P. Nathanail ◽  
G.J.L. Leeks ◽  
S. Alker ◽  
D. Bridge ◽  
...  

2019 ◽  
Vol 5 (1) ◽  
Author(s):  
Hanny Maria Caesarina ◽  
Nahdi Saubari

Ruang terbuka hijau telah dikenal memiliki peranan yang penting dalam meningkatkan kualitas lingkungan perkotaan. Ruang terbuka hijau dalam perencanaan kota kerap dianggap sebagai elemen pendukung terwujudnya smart city. Penelitian ini bertujuan untuk menemukan seberapa jauh peran ruang terbuka hijau lewat penyediaan wifi corner dalam perencanaan kota menuju konsep smart city. Metode yang digunakan adalah deskriptif kualitatif berdasarkan observasi, survey lapangan dan serangkaian wawancara. Studi kasus yang diambil dalam penelitian ini adalah dua kota di Kalimantan Selatan, yaitu Banjarmasin dan Banjarbaru yang telah memiliki konsep smart city. Hasil penelitian menunjukkan bahwa ruang terbuka hijau dalam perencanaan kota memiliki potensi yang kuat sebagai elemen pembentuk smart city. Apabila ruang terbuka hijau suatu kota telah direncanakan dengan baik dari berbagai segi fasilitas dan terkoneksi dengan jaringan internet yang berkualitas, maka dengan sendirinya konsep smart city akan lebih mudah dicapai. Kata kunci: perencanaan kota, ruang terbuka hijau, smart city, wifi corner. Green space has an important role in enhancing environmental quality of a city. Green space often considered as a supporting element for the concept of smart city. This research intended to acknowledge the role of green space through the installation of wifi corner in urban planning towards smart city. The methods that has been used was descriptive qualitative through observation, field survey and interviews. The case study in this research were Banjarmasin and Banjarbaru which already has the smart city concepts. The result shows that green space in urban planning is a potential element towards smart city. A well good planned green space with all the facilities that connected to a good internet network in a city might help forming the concept of smart city. Keywords: green space, smart city, urban planning, wifi corner.


2020 ◽  
Vol 5 (1) ◽  
pp. 96-106 ◽  
Author(s):  
Lina Berglund-Snodgrass ◽  
Dalia Mukhtar-Landgren

Urban planning is, in many countries, increasingly becoming intertwined with local climate ambitions, investments in urban attractiveness and “smart city” innovation measures. In the intersection between these trends, urban experimentation has developed as a process where actors are granted action space to test innovations in a collaborative setting. One arena for urban experimentation is urban testbeds. Testbeds are sites of urban development, in which experimentation constitutes an integral part of planning and developing the area. This article introduces the notion of testbed planning as a way to conceptualize planning processes in delimited sites where planning is combined with processes of urban experimentation. We define testbed planning as a multi-actor, collaborative planning process in a delimited area, with the ambition to generate and disseminate learning while simultaneously developing the site. The aim of this article is to explore processes of testbed planning with regard to the role of urban planners. Using an institutional logics perspective we conceptualize planners as navigating between a public sector—and an experimental logic. The public sector logic constitutes the formal structure of “traditional” urban planning, and the experimental logic a collaborative and testing governance structure. Using examples from three Nordic municipalities, this article explores planning roles in experiments with autonomous buses in testbeds. The analysis shows that planners negotiate these logics in three different ways, combining and merging them, separating and moving between them or acting within a conflictual process where the public sector logic dominates.


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