Planning By Law And Property Rights Reconsidered

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Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.

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Genre : Law
Author : Barrie Needham
Publisher : Routledge
Release : 2016-04-22
File : 248 Pages
ISBN-13 : 9781317080206


Property Rights And Climate Change

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Property Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment. Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.

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Genre : Law
Author : Fennie van Straalen
Publisher : Routledge
Release : 2017-09-14
File : 269 Pages
ISBN-13 : 9781315520070


Planning Law And Economics

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Planning, Law and Economics sets out a new framework for applying a legal approach to spatial planning, showing how to improve the practice and help achieve its aims. The book covers planning laws, citizens' rights and property rights, asking ‘What rules do we want to make and, where necessary, enforce? And how do we want to apply them in planning practice?’ This book sets out, in general and illustrated with concrete examples, how the three types of law mentioned above are unavoidably involved in all types of spatial planning. The book also makes clear that these laws can be combined in different ways, each way a particular approach to the practice of spatial planning (regulative planning, structuring markets, pro-active planning, collaborative planning, etc.). Throughout, the book shows what legal approaches can be taken to spatial planning, and uses a four-part framework to evaluate the effects of choosing such an approach. The spatial planning should be effective, legitimate, morally just and economically sound. In particular the book details why the economic effects for society are important and how spatial planning affects how the economic resources of land and buildings are used. The book will be invaluable to students and planners to understand the relationship between their actions and the basic principles of the rule of law in a democratic, liberal society.

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Genre : Architecture
Author : Barrie Needham
Publisher : Routledge
Release : 2018-11-12
File : 264 Pages
ISBN-13 : 9781351618557


An Introduction To Spatial Planning In The Netherlands

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This book provides an introduction to spatial planning in the Netherlands. It explores the academic underpinnings of the discipline and its practical implications, making use of insights on planning practices from the Netherlands. As an academic book with relevance for spatial planning teaching and practice, the relation between planning practice and planning as an academic discipline are discussed. A key analytical concept is introduced to discuss the different dimensions of planning: the planning triangle. This framework helps to bridge the strategic and conceptual elements of planning with its realization. The object, process, and context of planning and its relations are discussed. The core of the academic discipline and profession of spatial planning entails looking (far) into the future, stimulating discussion, formulating a desired future direction through an informal and collective planning process, and then formalizing and placing current action into that future perspective. In that sense, spatial planning can be understood as the strategic organization of hopes and expectations. As a study book it is suitable for students of planning at various universities, but also for students in higher professional education. For those involved in the professional field of spatial planning, this book offers a sound foundation.

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Genre : Architecture
Author : Patrick Witte
Publisher : Routledge
Release : 2022-02-13
File : 106 Pages
ISBN-13 : 9781000584509


Frontiers Of Land And Water Governance In Urban Areas

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A society that intensifies and expands the use of land and water in urban areas needs to search for solutions to manage the frontiers between these two essential elements for urban living. Sustainable governance of land and water is one of the major challenges of our times. Managing retention areas for floods and droughts, designing resilient urban waterfronts, implementing floating homes, or managing wastewater in shrinking cities are just a few examples where spatial planning steps into the governance arena of water management and vice versa. However, water management and spatial planning pursue different modes of governance, and therefore the frontiers between the two disciplines require developing approaches for setting up governance schemes for sustainable cities of the future. What are the particularities of the governance of land and water? What is the role of regional and local spatial planning? What institutional barriers may arise? This book focuses on questions such as these, and covers groundwater governance, water supply and wastewater treatment, urban riverscapes, urban flooding, flood risk management, and concepts of resilience. The project resulted from a Summer School by the German Academy for Spatial Research and Planning (ARL) organized by the editors at Utrecht University in 2013. This book was published as a special issue of Water International.

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Genre : Nature
Author : Thomas Hartmann
Publisher : Routledge
Release : 2017-10-02
File : 140 Pages
ISBN-13 : 9781317434733


Theory In Planning Research

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Doing research is an essential element of almost all programmes in planning studies as well as related areas such as geography and urban studies, from undergraduate, through Masters to doctoral programmes. While most texts on such research emphasise methodologies, this book is unique in addressing how theoretical frameworks and perspectives can inform research activity. Providing both a concise introduction to a wide range of such theories and detailed engagement with cases of planning research, it provides the reader with the insights necessary to conduct theory-informed research. It offers an understanding of how the choice of a theoretical framework has implications for the focus of the research, the precise research questions addressed and the methodologies that will be most effective in answering those questions. Through practical advice and published examples it will support planning researchers in doing stronger, more widely-applicable research, which answers key questions about planning systems and their role within our societies.

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Genre : Social Science
Author : Yvonne Rydin
Publisher : Springer Nature
Release : 2021-05-31
File : 220 Pages
ISBN-13 : 9789813365681


Encounters In Planning Thought

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Encounters in Planning Thought builds on the intellectual legacy of spatial planning through essays by leading scholars from around the world, including John Friedmann, Peter Marcuse, Patsy Healey, Andreas Faludi, Judith Innes, Rachelle Alterman and many more. Each author provides a fascinating and inspiring unravelling of his or her own intellectual journey in the context of events, political and economic forces, and prevailing ideas and practices, as well as their own personal lives. This is crucial reading for those interested in spatial planning, including those studying the theory and history of spatial planning. Encounters in Planning Thought sets out a comprehensive, intellectual, institutional and practical agenda for the discipline of spatial planning as it heads towards its next half-century. Together, the essays form a solid base on which to understand the most salient elements to be taken forward by current and future generations of spatial planners.

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Genre : Architecture
Author : Beatrix Haselsberger
Publisher : Taylor & Francis
Release : 2017-01-06
File : 357 Pages
ISBN-13 : 9781317248439


Spatial Planning Systems In Central And Eastern European Countries

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This book presents concise summaries of cutting-edge research and practical applications across the fields of physical, environmental, and human geography. It publishes compact refereed monographs under the editorial supervision of an international advisory board with the aim to publish 8 to 12 weeks after acceptance. Volumes are compact, 50 to 125 pages, with a clear focus. The series covers a range of content from professional to academic such as timely reports of state-of-the art analytical techniques, bridges between new research results, snapshots of hot and/or emerging topics, elaborated thesis, literature reviews, and in-depth case studies. The scope of the series spans the entire field of geography, with a view to significantly advance research. The character of the series is international and multidisciplinary and includes research areas such as GIS/cartography, remote sensing, geographical education, geospatial analysis, techniques and modeling, landscape/regional and urban planning, economic geography, housing and the built environment, and quantitative geography. Volumes in this series may analyze past, present, and/or future trends, as well as their determinants and consequences. Both solicited and unsolicited manuscripts are considered for publication in this series. This book is of interest to a wide range of individuals with interests in physical, environmental, and human geography as well as for researchers from allied disciplines.

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Genre : Social Science
Author : Maciej J. Nowak
Publisher : Springer Nature
Release : 2023-10-24
File : 112 Pages
ISBN-13 : 9783031427220


Instruments Of Land Policy

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In dealing with scarce land, planners often need to interact with, and sometimes confront, property right-holders to address complex property rights situations. To reinforce their position in situations of rivalrous land uses, planners can strategically use and combine different policy instruments in addition to standard land use plans. Effectively steering spatial development requires a keen understanding of these instruments of land policy. This book not only presents how such instruments function, it additionally examines how public authorities strategically manage the scarcity of land, either increasing or decreasing it, to promote a more sparing use of resources. It presents 13 instruments of land policy in specific national contexts and discusses them from the perspectives of other countries. Through the use of concrete examples, the book reveals how instruments of land policy are used strategically in different policy contexts.

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Genre : Architecture
Author : Jean-David Gerber
Publisher : Routledge
Release : 2018-01-17
File : 354 Pages
ISBN-13 : 9781315511634


Modelling The Socio Economic Implications Of Sustainability Issues In The Housing Market

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This book discusses sustainable housing issues in urban areas throughout the Global South, revealing their complexity in terms of urban dynamics, housing markets and human interactions with the environment. Its main focus is on the location of graves within private residences, cemeteries in the immediate vicinity of private residences, and the implications of these factors for renters’ choices and rents. The book addresses the economics of land use for graves in connection with housing choices and the implications for the rented sector of the property market. By means of several model-based simulations, it demonstrates that the neoclassical economics remedy to the negative externality of graves in or near private residences remains generally unacceptable. Providing readers with a clear understanding of tenants’ priorities in their choice of housing, as well as a new approach to the negative externality of graves in the rented sector, the book will be of interest to policymakers, urban planners, investors in residential housing and land economists alike.

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Genre : Business & Economics
Author : Solomon Pelumi Akinbogun
Publisher : Springer Nature
Release : 2020-07-18
File : 247 Pages
ISBN-13 : 9783030489540