An assessment of stakeholders’ participation in land use planning process of Luapula Province Planning Authority

The legal framework of Zambia has laws that support participatory land use planning process but there are no guidelines on how it should be done. Thus, the research aims at assessing if the Luapula Province Planning Authority (LPPA) has a land use planning process that incorporates effective stakeholders’ participation.The research is based on secondary data, especially the land use planning process in the Urban and Regional Planning (URP) Act No. 3 of 2015 of the Laws of Zambia and the participatory land use planning process of Kilimanjaro Region.The data analysed show that there is lack of effective stakeholders’ participation in the LPPA land use planning process; the LPPA land use planning process does not have the provision to capacity build stakeholders during the land use planning process; lack of participatory land use planning guidelines; the institutional framework under customary authority is not part of the land use planning process and the LPPA land use planning process is a top-down approach.The conclusions state that the legal and institutional frameworks in existence are inadequate for effective stakeholders’ participation in land use planning process of LPPA. In addition, the stakeholders are not incorporated in the LPPA land use planning process in terms of decision making but incorporated as reactants to the decisions made by the public authorities.The recommendations are that a National Land Use Planning Commission composed of representatives from stakeholder groups needs to be established. In addition, some sections of the URP Act No. 3 of 2015 of the Laws of Zambia need amendment inorder to have continuous feedback between the land use plan makers (planning firm(s) and planning authority) and the stakeholders. Furthermore, Village Councils must be given power to make decision by establishing them as Village Planning Authorities.     

Land economic rent computation for urban planning and fiscal purposes

This article proposes an innovative methodology to compute economic rents of land designed to current or potential offices uses. It consists in the establishment of a cause-and-effect relation between offices’ price levels and correspondent levels of land rent, considering the main factors that influence property prices, the ones that guide public and private activities’ location decisions and the inter-dependencies between land and real estate property markets. The rationale subjacent to this research is that land economic rent is determined by the difference between offices market price and a set of costs correspondent to land acquisition, planning and building processes, and a profit margin. An assessment of surplus values is provided in order to compute it as the difference between total land market value (land economic rent plus economic return on land use) and correspondent tributary patrimonial-value according to legal valuation proceedings (settled on property law). In order to reach these goals, variables that exert influence on urban planning and municipal management were identified, an urban management information system was designed and implemented, and an integrated and interactive model to support decisions in urban planning – concerning real estate offices and land prices and characteristics – was developed. These tools were applied as a case study to Oporto city (Portugal). They embody updating functionalities, setting up as an on-going support to policies of municipal land use management (particularly applied to offices uses). A proposal is made to integrate similar models in territorial plans as valuation tools to support better approaches to assess the impact of planning decisions on real estate and land values, thus informing a more equitable, efficient and local-based tax basis. Implications of this analysis for urban planning and fiscal settings are proposed.     

Climate change,urban energy and planning practices: Italian experiences of innovation in land management tools

Climate change and energy saving are challenging the city and the territorial organization. Innovative spatial and urban planning methods and procedures are required, and new approaches and instruments must be elaborated and applied in order to shift from the building scale to the urban and territorial ones. In fact, while energy saving and emission control measures are usually applied to single buildings, plants and technological systems, the urban and territorial scales are not fully considered, although energy consumption and greenhouse gases reduction are connected to the urban form and density, to activities allocation, to mobility, etc., thus involving spatial and land-use planning decisions. It is therefore urgent to overcome the divide between energy and urban planning by elaborating and using new implementation tools. In general, the usual top-down, public-led actions are no longer politically and economically viable, whereas new methods based on public–private partnerships are being progressively adopted. This is a major change, which may set new objectives for planning practices in terms of urban quality, equity, and energy efficiency. This perspective requires redefinition of the usual methods for development rights assignment, and the activation of new planning procedures based on the assessment of actions in terms of performance instead of conformance to pre-defined rules. The expected results regard a more efficient land market and better performing development (or re-development) choices.The article focuses on the Italian case and analyzes the possibility of integrating energy planning with spatial planning, the effectiveness of plan implementation mechanisms, and the prospect of integrate public-led interventions with market tools. Recent innovations in the legislative framework support the inclusion of energy saving and climate change adaptation and mitigation goals in plan implementation procedures.     

国外土地规划立法特点及对我国的启示

在介绍日、英、美三个典型国家土地规划立法概况的基础上,分析国外土地规划立法的主要特点,针对我国土地利用规划立法的现状,提出了我国应借鉴国外土地规划立法的成功经验,制定一部专门的《土地规划法》,在建立与新形势相适应的土地利用规划体系的基础上,协调好与其它相关法律的关系,完善立法体系,并提高公众在规划制定中的参与程度.     

《国土空间规划法》的立法体例与实体要义

研究目的：探寻《国土空间规划法》的立法体例,揭示其作为限制土地财产权利行使的实体法所应当涵括的制度要义。研究方法：规范分析法、文献分析法。研究结果：《国土空间开发保护法》和《国土空间规划法》分别立法,且前者采用框架法模式下,《国土空间规划法》应当包括国土空间规划制定与国土空间用途管制等实体性内容。研究结论：因应国土空间规划立法的迫切需求,《国土空间规划法》应从科学性、民主性和正当性等方面构建国土空间规划的实质合法性,对国土空间规划的编制要求、审批程序和国土空间用途管制等实体规范给予更明确的立法指引。     

土地利用规划与管理模式改革创新路径——基于国家“互联网+”行动计划

我国多年的土地利用规划和管理实践,对我国建设用地总量的控制和耕地的保起到了一定作用。但实践过程中,我国现行平面指令型的土地利用规划与管理模式仍然暴露出许多问题,亟待调整。"互联网+"大数据时代催生土地利用规划与管理在技术、理念、职能与体制等方面创新,并将助力土地用途管控与用地审批制度的优化、城乡土地资源再配置机制的创新、土地规划与相关规划衔接协调的强化和土地利用"五位一体"的发展治理模式的探索。     

Assessment of regulation of legal relations of territorial planning: A case study in Lithuania

Land management is inevitably linked to the regulation of activities of its proprietor or operator stipulated by legislation and documents of territorial planning. In Lithuania, as in many European countries, territorial planning is a key measure for the formation of landscape and the alteration of its elements. With the help of territorial planning documents, governing authorities has the opportunity to orderly regulate the layout of long-term stable elements of landscape and the sustainable territorial development. However, in comparison with other European Union (hereinafter – EU) countries, territorial planning system valid in Lithuania until January 1, 2014 is still “young” and having specific features with former countries of the Soviet bloc legal regulation. The system did not provided a consistent and sustainable territorial development mechanism: there was the lack of measures allowing to manage the development processes of residential areas and implementation of territorial planning documents (especially the municipal master plans) solutions for the creation of a harmonious functional spatial system. The aim of the present paper is to assess the regulation of legal relations of territorial planning in Lithuania and the EU member states. The assessment summarizes processes of the formation of a landscape during the territorial planning, introduces new opportunities to more accurately predict the results of the current process of landscape planning, and highlights legal and sustainable elements of territorial planning system optimization. As can be seen from the assessment carried out, one of the most important territorial planning objectives was and still remains the balance of mutual relations (hierarchy of plans) of territorial planning documents in shaping the cultural landscape to ensure the rational distribution of the land fund, combining a variety of activities as well as often different land users’ and public interests. Therefore, the implementation of the territorial planning reform of Lithuania capacitates for the transition to an integrated territorial planning, ensuring sustainable development.     

The making of urban financialization? An exploration of brazilian urban partnership operations with building certificates

This paper provides two contributions to the research on urban planning and the financialization of land use. Instead of stressing the consequences of finance on others, it prioritizes the analysis of the social-technical constitution of finance itself within urban planning, and does so in an emerging country setting, which is still relatively understudied in the existing literature. We analyse a specific Brazilian planning instrument, i.e., the sale of securitized building certificates (CEPACs) in large urban (re)development projects (UDPs), as a potential constituent space of urban financialization. The paper explores how planners, financial consultants, contractors and builders/developers effectively shape the contradictory financial and physical design and implementation of UDPs with CEPACs. Although the initial evidence shows that there are still clear limits to the penetration of financial logics into land use planning, continuing regulatory rollout and the increasing activism of foreign investors suggest the instrument’s open-ended trajectory, with a potentially more significant role for financial actors in constituting urban financialization through CEPACs.     

浙江省温州市土地利用总体规划环境影响预警系统的构建

新一轮全国土地利用总体规划要求对市级以上土地利用总体规划进行环境影响评价。通过分析温州市土地利用总体规划环境影响评价过程,提出其规划过程缺乏过程监管的现状。在参考相关研究的基础上,提出建立基于生态服务价值法构建土地利用总体规划环境影响预警系统是解决问题的重要途径,并对预警系统的总体架构和子系统进行了设计。该系统对实现环境友好的、可持续的土地利用模式,以达到生态、社会、经济的全面发展具有重要意义。     

Water resources and land use planning systems in Portugal—Exploring better synergies through Ria de Aveiro

The paper discusses the relevance of a stronger articulation between land use and water resources systems to enhance the success of the Water Framework Directive. Using article 11 of the WFD, this paper assess (i) how the Spatial Planning and Urban Development Law as well as the Portuguese Water Law converge to promote better integration of water resources into spatial planning, (ii) how their prospects are developed at the regional basis, namely through the Regional Spatial Development Plan and River Basin Management Plan, and (iii) how these are prepared to inform other planning instruments at the local level. It shows through a spatial analysis of the regional land-use plan and the river basin plan as applied over the Ria de Aveiro estuary area, the conflicts and opportunities for stronger synergies. The paper concludes with a critical analysis of the integration of the spatial planning and water resources planning systems in Portugal, and reveals new insights and challenges for more productive synergies between these systems.     

大城市土地利用总体规划修编若干问题研究

土地利用总体规划是国家实行土地用途管制、提高土地资源效率的重要手段。文章通过对第二轮土地利用总体规划的编制和实施过程中存在的一些问题进行分析,提出从提高认识、突出区域经济发展战略、搞清基础数据、协调好各项规划和规划的审批程序等几个方面进一步采取措施,以提高大城市土地利用总体规划修编的质量。     

浅析《城乡规划法》对土地利用规划的影响

研究目的：探讨《城乡规划法》对土地利用规划的影响，为新一轮土地利用总体规划的修编提供参考。研究思路：通过对新颁布的《城乡规划法》的解读，在与《城市规划法》对比的基础上，从城乡统筹规划、两规的衔接以及公众参与等角度，简要分析新法对现阶段土地利用规划的影响。研究结论：提出土地利用规划的编制应进一步强化城乡统筹观念，尽早构建和明晰全国规划体系、以法律形式明确界定两者的任务及衔接内容、政府部门权责的确定与落实等建议。     

Strategic use of land policy instruments for affordable housing – Coping with social challenges under scarce land conditions in Swiss cities

For decades, many cities have introduced densification policy objectives to stop urban sprawl or to promote efficient use of natural resources. In the urban housing sector, however, densification projects often intensify social challenges. Due to rising rents after modernization of existing housing stocks as a consequence of densification, low-income tenants are forced to leave their apartments. Risks of social exclusion and segregation increase simultaneously.In this article, we analyze how municipal planning authorities cope with affordable housing shortages in a context of urban densification. Specifically, we ask: How do municipal planning authorities promote affordable housing in densifying cities? To answer this research question, we apply a neoinstitutional analysis approach to better understand (1) the basic mechanisms of how land policy instruments impact affordability, and (2) why specific instruments are activated to defend affordable housing objectives. Through qualitative case study analysis of four Swiss urban municipalities, our results show that the mere availability of land policy instruments is not sufficient but that the strategic activation of specific instruments matters.     

Taxing land for urban containment: Reflections on a Dutch debate

Excessive land use regulations aimed at containing urban sprawl have been criticised, because they may overcompensate for the external effects of uncontrolled greenfield development and contribute to stagnation in house building. Taxes on building in green spaces may be an instrument for balancing urban growth and the protection of the landscape. This paper discusses development tax and puts it in the context of other planning instruments. It reviews a recent policy debate in the Netherlands relating to the introduction of an open space tax and the research into this tax. It also investigates the policy process, which resulted in the tax not being introduced. Finally, conclusions are drawn as to whether the taxation of development may be a useful instrument to complement other planning measures.     

促进农村经济持续发展的资金问题思考

研究目的:通过对土地出让收益回流农村的探讨,力求拓宽农村发展的资金渠道,促进农村可持续发展。研究方法:定性分析方法。研究结果:(1)土地出让收益应返还农村,资金回流方式采取农村发展基金的模式;(2)"城乡建设用地增减挂钩"的跨区域挂钩与农村发展基金相结合,解决土地收益不平衡问题。研究结论:农村集体用地土地出让收益返还农村,可实现发达地区与欠发达地区的互惠共赢和发达地区对欠发达地区经济发展的支持。     

The ownership of vacant land by public agencies

Summary

This paper considers in detail the government's Land Register Scheme. Land Registers were established under the Local Government Planning and Land Act 1980 and aim to bring unused and underused public land holdings into use. The background of the initiative, its method of operation and the nature of the information it provides is outlined. In particular, this paper looks at the unique information on public sector land holdings that has been provided as a result of the Land Register Scheme.     

2020年土地科学研究重点进展评述及2021年展望

研究目的：总结2020年国内外土地科学研究的重点进展,展望2021年中国土地科学的发展趋势及《中国土地科学》重点关注方向。研究方法：文献调查法。研究结果：2020年国内研究主要涉及土地治理理论、土地要素市场化改革、国土空间生态安全、国土空间用途管制和国土空间规划等方面;国外研究主要涉及土地再分配制度、土地可持续利用、土地利用情景模拟等方面;土地管理体制改革、土地产权保护、土地市场与政府行为、土地利用评价与生态保护等议题是国内外共同关注的重点。研究结论：2020年土地科学研究在农村土地制度改革、土地产权保护、土地利用转型、国土空间优化、自然资源资产产权制度改革等方面取得了一定进展,但在土地资源利用管理、国土空间治理、自然资源资产管理等基本理论与关键技术方面还有待加强。2021年,将重点关注面向国家战略的土地制度创新、耕地保护转型与保障措施、自然资源资产产权制度与治理体系、国土空间用途管制与生态保护修复等相关研究问题及选题方向。     

Major issues in Indonesia's urban land development

This article addresses issues of urban land development in Indonesia, including urban land use; ownership and transfers; land taxation; and land information systems. Until very recently, urban land-use planning in Indonesia was largely top-down in character and neglected to include the public as a stakeholder. This article argues that the role of government in urban land-use development needs to change at all levels and that the capacity of local government in land-use management needs to be strengthened. The presence of private developers in urban development should be encouraged. Land development permits—as a means of urban development control—while they may still be necessary should be granted primarily in relation to urban land-use plans (RUTR). Land taxation instruments have not been effectively applied to control land utilisation in the cities. Data and information on land affairs are lacking.     

土地利用总体规划滚动调整中递推规划方法的应用

从土地利用总体规划的特性入手,指出当前规划调整的随意性和无序性的弊端,系统阐述规划滚动调整的目的和必要性,以及其调整的基本原理和操作程序,尤其土地利用总体规划滚动调整中常用的递推规划模型和时间序列模型,并应用我国1978-2000年的时间序列资料开展了实证研究,以验证上述模型的可行性和科学性,为土地利用总体规划实施和调整的有序性和规范性提供了一种新的方法思路.     

Urban planning in office markets: A methodological approach

This article stresses the importance of urban planning interventions on real estate office markets in an environment increasingly characterized by globalization processes and progress of information and communication technologies, leaving behind the traditional influence of more market-related variables spread abroad vast literature. It contends that a better indirect control exerted by municipal authorities may launch the performance and characteristics of these markets. Within this scope, an innovative methodology and model are proposed, aimed at assisting municipal decisions in the definition of strategic policies concerning location or relocation of offices, and respective influences over rents. This methodology and this model have a flexible ongoing character that fits the anytime concrete features of local office markets. They are applied, as a case study, to the office market of Oporto city (Portugal). Implications for urban policy are inferred and generalized from this analysis.