Unravelling Apartheid Spatial Planning Legislation in South Africa

The reform of spatial planning and land use legislation in South Africa has been difficult to achieve. The laws designed to implement the urban plans of apartheid remain stubbornly in place. This case study shows that despite there having been three windows of opportunity during which far-reaching law reform seemed likely there has been little change. The only post-apartheid national land development law, the Development Facilitation Act, has been found to transgress the Constitutional powers of local government. With its demise the country falls back entirely on pre-democratic planning legislation. Fundamental to effective planning law reform is a constitutional framework that clearly delineates the legislative powers to regulate planning and land use. A clear and shared understanding of what planning can and cannot achieve is also important, as is an effective alignment of planning law reforms with those of other sectoral laws such as local government and environment. Planning law, especially in a country of great inequality, inevitably gives rise to litigation. Drafters of new planning legislation cannot afford not to pay attention to the minutiae of how the planning system operates. Such a failure opens new planning initiatives to legal attack.     

Planning the Native American Tribal Community: Understanding the Basis of Power Controlling the Reservation Territory

Native American tribes possess sovereign powers of self-government over their internal affairs and over their self-reserved territories, in order to support their continued existence. The powers of tribal land use jurisdiction, however, are not clearly understood. This paper explores the evolution of tribal governance and the problems that tribes face in advancing their community goals through reservation planning. The context of tribal planning is examined with the practical aim of formulating approaches that overcome obstacles to attaining tribal objectives. It is necessary to understand the historical interferences confronting tribal communities before identifying planning strategies to overcome opposition and advance tribal goals.     

Planning for avian wildlife in urbanizing areas in American desert/mountain valley environments

Residents in western American states are expressing a growing interest in wildlife-oriented recreation in the urbanized environment. Unfortunately, present development practices which convert rural land to urban use, often under the guidance of landscape architects and planners, have caused the displacement of many wildlife species. Vegetation management in urban areas has produced equally detrimental effects on urban wildlife. The net result has been a decline in overall urban wildlife species diversity.Landscape architects, planners, urban foresters and others involved in land conversion and vegetation management have a tremendous opportunity to improve the quality of urban wildlife habitat and to benefit the growing number of urban wildlife enthusiasts. However, to do so the planning and design pofessions must appreciate the value of urban wildlife, become aware of wildlife welfare needs and incorporate wildlife as a significant factor in the design process.General wildlife welfare needs are discussed and recommendations regarding ways to integrate wildlife as a factor in traditional planning and management decision making processes are presented. Specific recommendations for wildlife habitat preservation, enhancement and rehabilitation are provided.     

Land‐use planning in ‘one country,two systems’: Hong Kong,Guangzhou and Shenzhen

This paper studies the political economy of urban governance and land‐use planning mechanisms in the ‘one country, two systems’ of mainland China and the Hong Kong Special Administrative Region (SAR). It is argued that the market economy of Hong Kong had, over the years as a British colony, established an efficiently‐run regulatory system of land‐use planning. The current land‐use planning mechanisms are biased toward economic growth as a result of its executive‐government‐led and business‐interests‐dominated political structure. The challenge for Hong Kong as a relatively autonomous SAR, therefore, is to incorporate the social and environmental dimensions in planning for territorial development within a wider regional context as a result of economic and political integration with China. In mainland China, the reforming socialist planned economy has now embraced privately and foreign‐owned enterprises though the Communist Party and the government have retained strong political control. A ‘dual’ land‐use development system operates under an economic‐growth‐oriented development strategy. On one hand, government authorities who are land owners, land managers, and the largest land users as they own most of the economic enterprises, may not, for various reasons, follow the planning intentions when formally allocating land for development projects. On the other hand, illegal construction and land uses are widespread, suggesting that the formal land‐use planning system is ineffective, if not irrelevant, in controlling development. Part of the explanation lies in the absence of a genuine land market where legitimate persons with land‐use rights can buy and sell land within a planning framework generally agreed by the community. Unless Chinese cities strive to establish formal land‐use planning processes to prepare plans with the participation of various actors to reflect their needs, and establish urban planning mechanisms that have teeth in controlling development, urban planning will continue to be marginal in local governance.     

The dual land management systems as an influence on physical development outcomes around Kumasi, Ghana

Uncoordinated urban dispersal, driven by demand for housing and space on the part of growing populations, is a common outcome around many major cities. The lack of co-ordination is often associated with technical and political weaknesses in land management systems. However, in developing countries, this outcome is also shaped by the tension between co-existing traditional and official land management systems. The paper explores that idea in an analysis of the urban fringe of Kumasi, Ghana. Here, unpredictable land release by semi-autonomous village chiefs is matched with a parallel set of official land sector institutions that attempt to manage, monitor and enforce regulatory mechanisms. To analyze this situation, the paper uses interviews with actors in both the traditional land tenure system and the official planning system, as well as with homebuilders in urban fringe locations. After describing each system, it explores local scale problems seen in disputes in the traditional system and delays and lack of enforcement in the official system. This analysis shows how these problems arise in part as the two systems operate side-by-side but use very different perspectives on ownership, spatial units and time horizons. In order to reduce the uncertainties that contribute to the dispersal of homeowners, the paper proposes that some of the weaknesses of traditional land administration may be addressed through education and by incorporating some of the functions into the official system. However, change will also require shifts in the regulatory powers in the traditional system and major improvements in the operation of the official approaches.     

基于公共健康的开发控制研究

回顾现代开发控制的起源、建立与发展，梳理了现代开发控制的制度框架，指出开发控制通过四种方式促进公共卫生与健康：规划法规建筑条例控制，城市规划与用地布局引导，行政许可提前干预，协议性条件的应用。然后，对比国外现有的实践与理论，分析我国现有开发控制制度的困境并提出了优化建议：一是完善与公共卫生相关的城乡规划管理条例和建筑条例；二是提出“卫生约”的理念，并据此调整规划的编制技术体系；三是提出“建筑使用”许可制度；四是优化土地出让及规划许可条件。     

Ecologically sustainable local area planning: A framework to enhance integration of community workers and environmental planners

Recent case study research in local government authorities in northern Australia illustrated that ecological sustainability in land use planning is difficult to address while community work and environmental planning, as central ecological sustainability components, are marginalised in the planning process. Emanating from that study, the framework proposed in this paper advocates a planning approach that is inclusive, participatory and discursive and recognises the diverse knowledge and skills of all local government practitioners.     

The “Xochimilco model” for managing irregular settlements in conservation land in Mexico City

Mexico City has long been known as one of the world’s largest mega-cities. Although, the city’s growth rates have slowed since the 1980s, this process is not manifested evenly in spatial terms. Peripheral municipalities continue to grow at higher rates, including those municipalities in the southern part of the Federal District that contain its remaining conservation land. This growth is largely, but not exclusively, driven by the ongoing search for housing among lower-income households in the form of irregular settlement. Over time, this incremental pattern of settlement expansion has fragmented conservation land and impaired its ecological functioning. Given their role in land use planning with the reintroduction of elected local governments in the Federal District in 1997, this situation has placed municipalities quite literally at the “frontlines” of this planning and sustainability challenge. This paper examines the approach for managing land use regularization processes related to irregular settlement in conservation land adopted by the municipality of Xochimilco in its 2005 urban development plan, with reference to the experience of a specific case study community. Based on a series of interviews with residents and planning officials, the paper documents the highly-negotiated nature of “normative” planning that focuses on mitigating the impact of settlement in the conservation zone rather than stopping it completely. Given the enormous social pressures to access land for housing, the paper concludes that realistic efforts to preserve the remaining conservation land must involve a more comprehensive approach that better integrates environmental and social equity issues within and among municipal and upper-levels of government.     

Affordable housing and planning gain,linkage fees and the rational nexus: Using the land use planning system in England and the USA to deliver housing subsidies

The paper examines how the English planning system is being used to reduce land prices for social housing schemes at a time when government subsidies to social rented housing producers are being cut and compares and contrasts this with practice within the USA. The paper describes the key characteristics of the English planning system, recent trends in English housing policy, the role the planning system plays in meeting overall housing requirements and how it has been adapted to meet specific needs. It explains the new arrangements the government has put into place to lower land prices for social housing and argues that this represents a specific tax on development values to provide subsidies for social housing and that the government has had to significantly modify the land use planning system in order to achieve its housing policy aims. The paper compares these changes with practices in the USA, particularly in relation to the ‘rational nexus’ argument. It finds significant parallels and argues that the use of the planning system to help provide affordable housing through de facto and site specific taxes on land values can be justified and does not need to be restricted to cases where the rational nexus argument applies, but that practice in each country reflects underlying differences in attitudes to development rights, market provision of housing and the role of local governments.     

Ecologically sustainable local area planning: A framework to enhance integration of community workers and environmental planners

Recent case study research in local government authorities in northern Australia illustrated that ecological sustainability in land use planning is difficult to address while community work and environmental planning, as central ecological sustainability components, are marginalised in the planning process. Emanating from that study, the framework proposed in this paper advocates a planning approach that is inclusive, participatory and discursive and recognises the diverse knowledge and skills of all local government practitioners.     

边缘地区的社区与城市共融共生的规划指引探索——深圳市龙岗区同乐社区规划介绍

深圳是一个没有农村的城市,最基层的管理单位就是社区,由社区股份公司做为居民利益的代表和各项事务的实施主体,但在城市的规划管理中,从宏观到微观的规划中都未能全面考虑到以社区为单位的发展需求,致使某些被法定图则（即控规）单元分割的社区无法有明确的发展指引,长久以来变成了各个单元的边缘性空间,除了保留现状没有得到任何的规划指引,也因此成为区域中的落后区域,同乐社区就是一个典型的范例,以此为例,从作为社区规划师到编制社区规划,充分感受了规划协调和融合的力量,以及规划在各个层面的效力和指导作用。     

Adaptive Planning for Disaster Recovery and Resiliency: An Evaluation of 87 Local Recovery Plans in Eight States

Problem, research strategy and findings: A pre-disaster recovery plan that considers how a community should be redeveloped is a logical first step to support resiliency during high uncertainty and rapid change, yet limited attention has been given to recovery plans. In this study, we evaluate local disaster recovery planning in eight southeastern states and find that such planning receives limited public support: Less than one-third of vulnerable local jurisdictions had a recovery plan, and those plans received low plan quality scores. Unfunded state mandates produce weaker plans than plans in other states without mandates. We find that a collaborative network of stakeholders initially intent on reordering priorities results in stronger plans.

Takeaway for practice: Local recovery planning should be designed to operate under conditions of high uncertainty. Local jurisdictions can choose plan design options that reflect how they build capability for recovery planning: 1) standalone community-wide recovery plan; 2) comprehensive land use plan; 3) emergency management plan; and 4) small area recovery plan. Because recovery planning lacks a public constituency, and is new to most local jurisdictions, the stand-alone community-wide recovery plan design option is the most effective at building local commitment. This option involves a plan-making process that concentrates time, effort, and resources focused on a building a network of stakeholders who likely have the greatest responsibility in rebuilding efforts because they care most about the impacts of a disaster.     

规划管理、空间管制机制与规划协调——以S市规划体制改革试点为例

空间规划作为市场经济的治理工具,其空间融合和政策协调的核心功能越来越受到国内外学者的关注。改革开放后,计划经济时代下的部门分割的空间规划协调机制已经逐渐不适应空间发展新的政治经济环境。空间规划间的协调也因此受到各界普遍关注。在试图构建规划管理、空间管制机制与规划协调关系的分析框架后,以S市"十一五"时期规划体制改革试点为案例,探讨我国市县规划协调面临的诸多困境。一方面,相比"十一五"前的规划编制协调,由于2000年以来部门规划趋于综合性,并都试图从部门内加强空间管制,以及S市经济快速的发展增加对土地的旺盛需求,导致了"三规"协调的环境更加复杂。另一方面,受到政绩考核和权力下放、财权和事权、规划审批和实施不匹配的影响,规划协调和空间管制沦为地方和中央博弈的手段。总之,地方以土地为中心的积累模式,中央政府土地指标的计划管制方式,结合规划部门管理的分割造就了S市空间规划间各种矛盾。     

Property right taking and compensation: A further analysis

A number of states have passed or are considering legislation which provides a framework for resolving land use planning issues and implementing land use restrictions. The purpose of this paper is to consider two related aspects of the land use issue: (1) to review the legal property rights issues regarding the need for compensation If property rights are restricted by a land use covenant; and (2) to suggest an extension of capitalized value theory as a method for conceptualizing the appropriate level of compensation if such is deemed appropriate in land use policy implementation.In a growing number of cases, the courts are holding that unusual applications of police power may involve property right damage and taking. Therefore, such action may require compensation even though the normal exercise of police powers would not. In such instances, the appropriate level of compensation becomes a relevant consideration. By providing a conceptual framework for analyzing the level of compensation, when due, this paper contributes to the process of resolving the compensation issue. Whether or not compensation is required will depend on the specific issues and facts involved in zoning or land use cases. However, capitalized value provides an analytical basis for determining when taking has occurred and compensation may be due.The authors express appreciation to Claud Porter, Graduate Assistant, University of Kentucky, for special assistance during this research project.     

The neighbourhood unit adequacy: An analysis of the case of Gaza,Palestine

Urban planning in the Gaza Strip faces several challenges as a result of rapid population growth and limited available resources. Planning for housing development in Gaza is based on the neighbourhood unit concept. However, it is not clear to what extent this trend is responsive to local housing needs, and what should be done to improve it. This paper presents the results of a survey of local housing specialists followed by a real-time case study of neighbourhood planning. The study concludes that the use of neighbourhood unit concept as a planning base is appropriate for the Gaza Strip, considering the social context and the limited size of the local housing projects, which requires an incremental development policy. However, several challenges remain, including the absence of a national housing policy and unified legislation, fund shortages, and land limitations. The study recommends to policy makers that adequacy of this social-oriented planning model should be investigated considering the principle of localisation instead of standardisation. This is essential in avoiding the absolute rejection or adoption of this model on the one hand, and in ensuring a subjective process of reinventing rather than mere borrowing on the other one.     

保障非赢利性城市用地的GI规划理念探讨

伴随着我国城市化水平的快速推进,过去单方面依靠政府投资的做法已远不能满足日益增长的非赢利性城市用地的建设需求。引入GI规划理念,利用市场与规划的联动作用机制,将赢利性城市用地中的土地价值剩余反哺非赢利性城市用地的建设,一方面控制了赢利性城市用地的超额利润,另一方面也保障了非赢利性城市用地规划在市场经济中的可操作性,从而推动了社会公共福利在城市规划中的可持续发展。     

国土空间规划体系中 控制性规划的生态拓展——以北京市门头沟区为例

The current reform of China’s territorial spatial planning system is with profound expectation. Key to the implementation of spatial plans, regulatory detailed planning needs an improvement in preparation methods, indicator systems, coordination, and feasibility, etc. More work is urgently needed to make up the deficiencies of land use regulation and ecological restoration of territorial spaces. This paper devises methods for the ecological extension of regulatory planning with the theory of ecological security pattern. With Mentougou District in Beijing as a case study, this paper demonstrates the methods and roadmaps for ecological extension through land use control and community control and management. By analyzing the conflicts of ecological security and construction activities with a balancing mechanism, this study improves ecological control zoning and formulates regulatory principles and indicators. A thoughtful paradigm of preparation methods for the ecological extension of regulatory planning thus comes into being, which would offer references for the implementation and precise regulation of territorial spatial planning in China’s era of Ecological Civilization.     

浅析土地利用规划中的生态规划与设计

分析了土地生态规划在国内外的发展现状,阐述了生态规划的发展与含义,提出了土地生态规划设计应着重遵循的原则,以使人类活动与自然资源保护相协调,从而促进生态系统的良性循环和社会经济的持续发展。     

Globalized Freight Transport: Intermodality,E-Commerce,Logistics and Sustainability

Problem, research strategy, and findings: Recent research reveals growing spatial disparities in warehousing-related environmental externalities, including air pollution and traffic safety concerns, across municipalities. The existing research, however, fails to present how institutional factors contribute to spatial variations. In this study, I explore how variations in planning practices contribute to the different trajectories of warehousing development. I interviewed planners, local residents, warehousing developers, and regional agency staff to identify local planning practices and policy elements that affect the location choice of warehousing facilities. My results show land use policies (land use permission, industrial zoning, and land parcel division schemes), job-related policies (job creation initiatives and job density requirements), financial incentives (tax rates and financial incentives), and environmental regulations (building design, land use buffering, and landscaping) are the major planning elements that affect warehousing development. Relative to brownfield redevelopment in the municipalities close to the urban core of a metropolitan area, developing greenfield warehousing facilities in suburban cities is likely to cause more environmental concerns in the near future. However, unmeasured factors could be responsible for some of the warehousing development patterns I find in the data.

Takeaway for practice: Knowledge, communication, and collaboration are needed to cope with the rapid growth and, in particular, the disproportionate concentration of warehousing-related environmental externalities in certain municipalities. In this study I also provide planning strategies to regulate excessive warehousing development, including land use- and job-related policies, financial incentives, and environmental regulations. With these strategies, planners in warehousing-intensive cities can determine the best way to reduce the impacts of environmental externalities on local communities in the long term.     

Forgotten Needs? The Demographic and Socio-economic Impact of Free-standing New Settlements

For some time, local authorities have attempted to restrict the residential development of large, medium and small settlements on the grounds of the regional and local land use planning impacts. However, the changing distribution of national populations and associated housing pressure during recent decades suggest a need for a more appropriate land use planning response. One such approach is the creation of freestanding new settlements. Using a Scottish case study, this paper assesses the impact of such developments on residential mobility patterns and examines the socio-economic characteristics of residents and their level of satisfaction with the provision of services. The study provides one measure of the effectiveness of new settlements as a planning mechanism for meeting the needs of residential development from the consumers' perspective. It is concluded that free-standing new settlements are in danger of becoming elitist satellite communities where residents are likely to be disadvantaged in terms of service provision.