Lecture law

Question 1

What are the functions of planning law?

Answer 1

1. Law as an instrument of politics to reach certain goals. (Instrumental function: permits before construction (reactive), power to expropriate (proactive), and many other instruments)
2. Law as a safeguard against governmental decisions. (protective function: possibility for companies and individuals to start a court case)

Question 2

Law is not the only instrument to steer behavior. There are three types

Answer 2

Information

+: neutral statements

-: discouragement disapproval

Economic instruments

+: subsidies

-: taxes

Legal instruments

+: private law (agreement between both parties)

-: public law (commands and prohibitions)

Question 3

What is tendering?

Answer 3

A process where land or buildings are put on the market for sale, with the highest quality plans and bid winning.

Question 4

What are some advantages of tendering?

Answer 4

Discourages corruption,
drives up prices beneficial for the community,
prevents nepotism.

Question 5

What are some disadvantages of tendering?

Answer 5

Higher land prices may lead to less affordable housing,
time-consuming,
may lack interest from competitors.

Question 6

What is the Rhineland model?

Answer 6

A model where government has important powers in spatial planning, environmental matters, employment, and education.

Question 7

What is the Anglo-Saxon model?

Answer 7

A model with minimal government intervention, relying on the market to solve societal problems.

Question 8

why is it interesting to take note of the dutch planning (law)?

Answer 8

1. the NL have been known for their well planned-landscape and healthy cities (because every m2 is planned)
2. the attention for spatial quality (there are binding rules for plot ratios, building aesthetics, sithglines etc.
3. reserving and integrating historical structures and cultural artifacts (binding rules for urban conservation areas and listed buildings)
4. consensus oriented processes (planning law enables actors to hae input in the planning process)

Question 9

Two characteristics of planning law

Answer 9

Partial hierarchy between tiers of government. Most important planning powers reside with the municipality

Law gives far reaching powers to government to intervene in private property

Question 10

What are planning compensation rights?

Answer 10

Rights to compensation for financial damages due to changes in physical environment plans.

Question 11

What are some new elements of the Omgevingswet?

Answer 11

Focus on health, limitation of research obligations, more room for administrative customization, stronger position for participation