-Direct and indirect damages -Capital and income losses -Several planning decisions -Irrevocability -No complete compensationjn -Monetary or in kind compensation

Planning compensation rights agreement

Agreement between developer and municipality for planning compensations that the municipality approves

Self-realisation principle

If a party realises a land-use plan in accordance with the municipality his land cannot be expropriated

Private law restriction

A right which one landowner has with respect to the land of another, burden on land of neighbour which is favourable for yourr land

Right of superficies

The ownership of a building is seperated from the ownership of the land below it

Environmental permit

Grants permission from authorities to steer building in their interests, preventive measure

Assesment framework

Strict criteria based on: - Urban planning - Technical soundness and safety - Aesthatics - Health and environment

Limitative-imperative system

Compulsory grounds for refusal

Compulsory ground for refusal of environmental permit

In conflict with: - Building Decree - Municipal building bye-law - Municipal land-use plan - Reasonable requirements of external appearance - Safety norm regarding road tunnels

Lex silencio positivo

Should the applicant after eight weeks not have received a response to his application, the permit is deemed to be granted

Municipal bye-law

Contains regulations of different natures

Management regulation

Meant for areas where no new spatial developments are anticipated. its purpose is the conservation of the area

Visual quality plan

This plan offers judgements concerning the desired urban and architectual form and structure of a city

Site development plan

In case of no consensus in private law the municipality will recover costs in public law via site development plan by: - developing a map - Planning - Budget - Recoverement of costs plan - Timetable

Master plan

Spatial planning plan with no legal force but has legal force in two scenarios: - Indirect via deviation from land-use plan by listening to master plan - Can have legal force under private law by being included in agreement

Legally binding effects of a land-use plan

- Ground to refuse a permit - Regulation of use of land and structures - Basis for expropriation

Land-use plan characteristics

- Democratic legitimisation - Influencing the contents - Independent administrative judge

Functions land-use plan

- Prevention - Guidance - Certainty

Land-use parts

- Map - Instructions - Explanatory notes

Interested party

Partys that are directly influenced by a decision

Protective norm theory

Person X cannot invoke violation of a rule if the rule did not intend to protect X

Testing of land-use plan

If obiding regulations and has principles of proper administration

Deviation of land-use plan

Municipal executive decides however municipal council must issue a declaration of no objection.

Project implementation decision

Just one governmental decision satisfies to allow the whole project. taken by municipal council and overrules need of permits and is deviation of land-use plan if necessary

Structure vision

Local plan, which contains main elements of the spatial policy to be pursued. also includes how to realise the plan is administrive self-binding

Principle of equal treatment

The government should treat even cases equally

Active land policy

- Municipal acquisition of undeveloped land - Preparing the land for construction - Sale to developers

Possible sale regulations

- Obligation to build - Adhering to visual quality plan - Building of certain amount of parking places

Ground lease

Leasing land while holding full ownership. could be accompanied with obligation to build, maintain and upkeep

Reasons for municipality to ground lease

- Influence - Making money - Stimulating production of new buildings

Declaration of intent

Contract in which is laid down which conditions must be fulfilled before parties will enter into a further agreement

Partnership agreement contents

- Arrangements of a financial nature - Settlement of costs - The program - Phasing and planning - The partnership model - A land purchase obligation - Financial means and public law powers

Development rights model

Developer sells land to municipality which municipality prepares for construction and sells back along with development rights

Joint-venture model

Parties incorporate a legal entity so both parties share the risk, intended for large scale projects

Types of public-private partnership

- Contractual - Forming a legal entity

Land development company

Municipality incorporates a company together with other parties, in which it holds shares. legal entity. they can independently participate in legal matters while risks are still shared

Land-use plan agreement

Adapting land-use plan for developer based on an agreement

Criticism of land-use plan agreement

- Impartialness - Public participation - View weights

Development planning

Private parties involved in planning and feasibility will be enhanced by this governement receives commitment

Legal procedures infrastructure should have

- Decision within time frame - All relevant interests identified and weighted - Affected parties must have input in process

The infrastructure planning act

Implementation of statuory limitation of the parties that have a right to oppose against infrastructure decisions before court

Research obligation

To prove the aspect is considered to not nullify the decision

Variation in scope

- The location of project - Plan area - Surroundings

Environmental impact assesment

Research on the impact of the project on the environment, broad focus

Strategic environmental assesment

Potential environmental effects of their plans and programmes mandatory for certain sectors

Purposes of environmental assesment

- To gather info at an early stage - Enable authority to take this into account with final decision

Zoning

Specific spatial distance is laid down in the land-use plan, to separate vulnerable objectives from nuisance objectives

Specific research obligation fields

- Environmental noise - Air quality - External safety - Soil assessment - Water assessment - Nature conservation - Archaeological value assesment

Target value

Value which is desired