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European Cooperation in the field of Scientific and Technical Research - COST Action C11 |
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Spatial Planning in Netheralnds National
data on planning systems Spatial
Planning in the Netherlands Marleen van
denTop Germany Greenstructures
and Urban Planning Green areas
in Dutch urban legislation Introduction Internationally,
the Dutch tend to promote themselves because of
their progressive role on nature conservation and
nature development. Nationally however they stand
for the challenging task to accommodate too many
land claims for too small a country. Present State
Legislation General
legislation Green areas in
the Netherlands which have the best legal
protection are those areas within the 'Ecological
Main Structure'. Since the Netherlands is quite
densely populated, parts of this structure can be
found in the vicinity of cities. Through the
'compensation principle', those who take initiative
to build are do certain activities in this
Ecological Main Structure will have to compensate
for this. Of course the European Habitats- en Birds
directives in particular have a strong influence on
this national legislation, especially on the
question whether the national legislation is in
conformity with these directives. Increasingly, non
governmental organisations or local government
agencies find their way to 'Brussels' to voice
their concerns about building initiatives or
activities that they think might be conflicting
with the European directives. (Relevant laws
and policies: 'Natuurbeschermingswet',
'Structuurschema Groene Ruimte' and its
accompanying 'Planologische Kernbeslissing', Flora
en Faunawet, Wet Ruimtelijke Ordening) Specific
policies in relation to green There is a
special national policy for green areas in cities.
This policy is called "Green in and around Cities".
However, a lack of funds is presently hampering
cities to implement their plans. Very relevant is
the recent Fifth national policy document on
spatial planning (this is a spatial planning key
decision). This Fifth
national policy document on spatial planning (of
the Ministry of Housing, Spatial Planning and
Environment) introduces the concept of 'green' and
'red' contourlines. Green contourlines are drawn
around green areas of national or regional
importance. Red contourlines will have to limit
urban growth. This approach leads to both support
and criticism. In my own impression, supporters can
generally be found among nature and environmental
organisations and among those who believe in the
ability of the state to control developments.
Critics can be found among those who believe in
combinations of functions, such as 'green
commercial areas' and 'green living'. Quite common
is the concern that red contour lines around urban
networks stimulate an overactive search for open
spaces within the urban system, which would then
lead to a deterioration of the quality of urban
life. It is therefore that even more recently, the
bundelingsgebieden (concentration areas) were
introduced to be part of the Fifth report. These
concentration areas specifically concern the urban
networks. The municipalities within the urban
networks have to draw their red and green
contourlines together. In the definition of
concentration areas, special emphasis is put on the
maintenance and/or development of open spaces. The
Ministry of Agriculture, Nature Management and
Fisheries recently introduced in their
Structuurschema Groene Ruimte (national structure
plan for one policy sector, also accompanied by a
Planologische Kernbeslissing) the policy category
of 'regional parks', which are located in
urbanizing regions. Types of Plans
according to the State legislation (Policy
Instruments) The most
important legislative basis for spatial planning in
the Netherlands is the Wet op de Ruimtelijke
Ordening (spatial planning act). This is 'framework
legislation' which delegates tasks to the national
government, to the provinces or to the
municipalities. National
level: · The
Planologische Kernbeslissing (national spatial
planning key decision) Regional
level: · The
Streekplan (regional plan: province-based, three or
four per province) Local
level: · The
Structuurplan (structure plan) · The
Bestemmingsplan (local land use plan) · The
Stadsvernieuwingsplan (urban renewal
plan) Except the
local land use plan, which is directly legally
binding, all other plans are indicative. The
provinces are mediator between national policies
and municipal development initiatives. Regulation of
the green areas by regional or local levels,
according to the State legislation (e.g. the
Spanish State rules that there should be a certain
quantity of green per dwelling.) There is no
national law in the Netherlands containing
compulsory, quantitative norms on the amount of
green space per dwelling or per inhabitant. The
planologische kengetallen (planning data 1992:
1654) concludes that government norms vary
considerably. Mostly a distinction is made between
green at different scales, for example: building
block, neighbourhood, district, city quarter,
region. The guidelines of the Province of South
Holland are often taken as point of departure
(1978). Norms that are often used are: 13 m2 per
inhabitant, excluding 4m2 water (total 17 m2 per
inhabitant). Depending on the scale and distance
between houses and the rural landscape, the norms
are differentiated. E.g. living areas with less
than 30.000 inhabitants have a lower norm. Per
dwelling, a norm of 35m2 per dwelling is mostly
used. Municipal
Master Plan The Dutch
planning system allows for spatial planning at each
level of government but only the municipal land use
plan is directly legally binding. Every building
initiative has to pass this land-use plan. The
land-use plan has to be approved by the provincial
executive. The national government also has
corrective powers. There have been many discussions
in the Netherlands on the 'Article 19 - procedure.
Article 19 allows exemptions to be given in areas
for which a preliminary decree has been issued
indicating that a plan is in preparation, or where
the drafte for a revision to the plan has been put
on public display. This provision has been used
very often by municipalities to allow developments.
Other
plans Structure plans
are important tools at both municipal and
provincial planning. They are an integrative
approach to the spatial configuration in an area.
Some years ago there has been quite some criticism
in the 1980s on these structure plans. At present
there is a revival. Relevant
Literature European Union
(Regional policy and cohesion) (1999); The EU
Compendium of spatial planning systems and
policies. Faludi, A. and
Van der Valk, A.J. (1994); Rule and order; Dutch
planning doctrine in the twentieth century, Kluwer
Academic Publischers, Dordrecht. Mastop, H.
(1997). Performance in Dutch spatial planning: an
introduction. In: Environment and Planning B:
Planning and Design 1997, volume 24, pages 807
&emdash; 813. National
data on planning systems To add your own definitions or ideas just email Anne Beer. |
Meetings Background Meetings Background |
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