THE INEVITABLE AND CONTINUING GROWTH OF REGULATIONS FOR PLANNING AND BUILDING'

misbe2011 Tracking Number 101

Keywords: legal instruments, urban development, sustainability, regulations, effects ABSTRACT The problem Property developers often complain about the abundance of regulations regarding sustainability they have to comply to. Sometimes even local authorities express their dislike for the huge amounts of statutory obligations preceding new urban developments. Indeed, it seems that new urban developments today can only be realised if many regulations regarding sustainability have been taken into account. This observation stands in contrast with the feeling of many, that a lot of new urban developments cannot be typified as being sustainable. Apparently the regulations relating to sustainability, according to many, result in the delivery of the usual, non-sustainable urban developments. Research question This paper addresses the seemingly discrepancy between the huge amount of regulations regarding sustainability on the one hand and the disappointing physical results on the other hand. The research question is: to what extend do legal instruments promote or hinder the development of sustainable urban areas? This paper is confined to Dutch urban planning. However, it is quite conceivable that other countries are confronted with the same feelings of discrepancy. This is partially due to the fact that many regulations regarding sustainability find their origins in European environmental legislation which, of course, has equal power for each of the member states of the European Union. Method To answer the research question an overview of public law regulations regarding sustainable development of urban areas will be provided. This shall include instruments like Environmental Impact Assessment and regulations for the protection of natural habitats. Provisions for energy efficiency shall also be included, as many other regulations. The overview serves to identify the character of each of the regulations: to what extend does it promote or hinder sustainable development? Apart from public law regulations, attention will be given to private law agreements between property developers and local authorities. To what extend do these agreements reinforce the development of sustainable areas? Results This paper argues that even regulations which have the objective to promote sustainability, may in practice limit or even adverse sustainable effects. Furthermore, it shows the limited space for agreements (relating to sustainability) between property developers and local authorities in Dutch urban planning. Significance If the results of sustainable urban planning fall short – which, according to many indeed is the case – it is sensible to look for a connection with the regulatory framework. This paper shows that some legal instruments promote the sustainability of new urban areas. However, the research also shows that some regulations have very limited or even adverse effects on sustainability. This calls for a rethinking of some of the legal instruments that are intended for sustainable urban development