Assessing the impact of the European Landscape Convention on national planning systems: a comparative approachProf. Andrea De Montis Ing. Patrizia Farina
CONTENTS AND OBJECTIVESAnalysis of the current scenario of landscape planning in Europe after the signature of the ELCin 2000 with a particular emphasis for the following member states very active in landscapemanagement: Spain (Catalonia), United Kingdom, Switzerland, The Netherlands, France, andItaly. CONTENTS • introductory description of the ELC implementation process • methodology proposed; • application of methodology to the assessment of landscape planning in european member states; • discussion of the results OBJECTIVES • Construct and apply a comparative assessment method based on five sets of indicators and able to analyse the effects brought by the European Landscape Convention (ELC) on landscape planning a decade after its signature, with special attention to regional planning tools; • highlighting the strengths and weaknesses of national system and defining virtuous courses of action and policies for the future of landscape planning in Europe.
2000 Convenzione Europea del Paesaggio European Landscape ConventionThe ELC, signed in Florence eleven years ago, has established the transition towards aenvironmental and territorial interpretation of the concept of landscape protection andmanagement.The ELC relates to all landscapes (urban, peri-urban and rural) with the aim to promotelandscapes protection policies, planning, and management. Each Member State is expected toimplement the Convention according to its own legal system and division of powers, respectingthe principle of subsidiary institutional intervention. The ELC promotes also the Europeancooperation in the sector policies. The articles Art.2 (…), this Convention applies to the entire territory of the Parties and covers natural, rural, urban and peri-urban areas. It includes land, inland water and marine areas. It concerns landscapes that might be considered outstanding as well as everyday or degraded landscapes. Art.5 Each Party undertakes to ( ) establish procedures for the participation of the general public, local and regional authorities, and other parties with an interest in the definition and implementation of the landscape policies ( ). Art.6 Each Party undertakes to define landscape quality objectives for the landscapes identified and assessed, after public consultation in accordance with Article 5.
ELC RATIFICATION Fonte: http://www.coe.int/ (updated on 20° april 2011) Member States European Landscape Convention Updated on 20th April 2011 No ELC: 8 Only ELC signature: 6 ELC ratification : 33
METHODOLOGY PROPOSEDMethodology proposed • Spain (Catalonia) • United Kingdom CASE STUDIES • Italy • Switzerland • The Netherland • France PUBLICATIONS REVIEW AND OFFICIAL WEBSITES CONSULTATION •the institutional structure; BENCHMARKS •historical landscape planning laws and tools; COMPARISON •ELC ratification process; •landscape planning laws; •landscape planning tools and actions www.coe.int INTERPRETATION OF RESULTS OUTCOMES AND CONCLUSION
SPAIN (CATALONIA) European Landscape Convention Signature: 20/10/2000 Ratification: 26/11/2007 Institutional structure for landscape: Ministry of Environment and Rural and Marine Affairs Landscape laws Law 8/2005 “De proteccion, gestion y ordenacion del paisaje”: ENDORSES THE FOLLOWING ISSUES: • recognition of landscapes as an essential component of people’s surroundings, an expression of the diversity of their shared cultural and natural heritage, and a foundation of their identity;• integration of landscape into its regional and town planning policies and in its cultural,environmental, agricultural, social and economic policies;•establishment and implementation of landscape policies aimed at landscape protection, managementand planning through the adoption of the specific measures.Landscape policies and tools•Landscape Observatory: is an excellent centre for studying and monitoring Catalonian landscapes andlays down the criteria for the adoption of landscape protection, management and planning measures inthe aim to establish quality objectives. It has two key objectives: monitoring the landscape policies andplanning at the European level; and elaborating of the landscape catalogues•Landscape catalogues: are based on a holistic vision of the landscape, taking into account natural andcultural elements at the same time. In this way, the cata-logues perceive the landscape as both aphysical reality and a representation of it.
LEY 8/2005 de proteccion, gestion y ordenacion del paisaje OPERATIVE FRAMEWORK ISSUES Protection and management of landscape Protection of natural, cultural,CATALONIA economic and social values Sustainable development Integrated approach on landscape policies Source: Albert Cortina, Estudio DTUM
Prototype landscape catalogue In May of 2005 The Observatory elaborated a prototype landscape catalogue to establish a common working outline and the guidelines for the preparation of seven catalogues: Identification and landscape characterization Landscape units Special attention landscapes Evolution landscape study Landscape values identification Landscape actual dynamic identification: risks and impacts Landscape evaluation Threats and opportunities evaluationCATALONIA Landscape quality objectives definition Establishment of measures and proposals of action Establishment of pursuit indicators Landscape catalogues The landscape catalogues are based on a holistic vision of the landscape, taking into account natural and cultural elements at the same time. In this way, the cata-logues perceive the landscape as both a physical reality and a representation of it. The catalogues also picture landscapes as cultural projections elaborated by a given soci-ety in a specific place from a material, spiritual, ideological and symbolic perspective.
UNITED KINGDOM European Landscape Convention Signature: 21/02/2006 Ratification: 21/11/2006 Institutional structure for landscape: Department for Environment, Food and Rural Affairs (DEFRA) Landscape laws •Landscape Character Assessment (LCA): characterised by social participation and coordinated by the English Countryside Agency and by Scottish Natural Heritage. Today this activity is the first effect resulting from the activation of the ELC. It promotes the measurement of landscape capacity, in order to define regional development policies.Landscape policies and tools•Establishment of a baseline for, and monitoring of the impact of, the European Landscape Conventionin the UK: providing a base for a policy framework to understand how ELC can be implemented innational policy•ELC Framework for Implementation in England: with the task of supervising landscape protection,management and planning in England by means of Action Plans involving partners and stakeholders.The aims of this document can be summarized as follows:• Improving performance within the current legal and regulatory frame;• Influencing future legislation, regulation and advice;• Improving the understanding of landscape character and dynamics, and the monitoring of change andtrends;• Engaging people through comprehensive and accessible awareness and understanding activities aswell as through, promotion, education & training;• Sharing experiences and best practice.
ITALY European Landscape Convention Firma: 20/10/2000 Ratifica: 04/05/2006 Institutional structure for landscape: Ministry for Cultural Heritage and Activities Landscape laws Urbani Code (2004). The State attributes to Regional governments the task to design strategic landscape plans, to subdivide their territory in sub- regional landscape units, according to features determined by the interplay between natural and human factors, and to calibrate specific strategies and regulations.1939 1948Law n° 1089: “Tutela delle cose di interesse Italian Constitutionstorico artistico” Art.9: La Repubblica tutela il paesaggioLaw n° 1497: “Protezione delle bellezze naturali” e il patrimonio storico artistico della Nazione 20001985 “European Landscape Convention”Law n° 431: “Legge Galasso”2004 Landscape tools Regional Landscape Plans:DLgs n° 42: “Urbani Code” analysis and recognition of local landscape patterns features and identification of new protection areas providing criteria for a correct spatial management.
OUTCOMES AND CONCLUSION INSTITUTIONAL STRUCTURE FOR HISTORICAL LANDSCAPE LAWS OR TOOLS ELC LANDSCAPE LANDSCAPE POLICIES AND LANDSCAPE RATIFICATION LAWS TOOLSSpain Ministry of -National parks law (1916) Yes, 2007 Law 8/2005 -Landscape directives(Catalonia) Environment and Rural and Marine -Defence, Conservation, and Enhancement of Landscape -Landscape catalogues Affairs Historical and Artistic Heritage law (1977) Protection, -Landscape maps (http://www.marm.es/es/) -Nature protection law (1989) Management and -Landscape Observatory Planning (http://www.catpaisatge.net) ELC Territorial management competence in the aim of an integrated prospective - Integrated approach on landscape policies implementation Integration of public participation in planning policies - Definition of landscape quality objectives - Monitoring of European landscape policiesUnited Kingdom -Department for Environment, Food and -Protection of the Countryside (1850) Yes, No specific law -Landscape Character Assessment, Rural Affairs (Defra) -National Parks and Access to the Countryside 2006 LCA (http://www.defra.gov.uk/) Act, 1949 -The State of Countryside 2020 -Natural England -Countryside Act (1968) -Countryside Character Network (http://www.naturalengland.org.uk/) -Landscape evaluation (1970) -Landscape assessment (1980) -Environment Act (1995) -Natural Environment and Rural Communities Act (2006). ELC Promotion of landscape protection- Strong landscape policies tradition- Absence of landscape recognition in a specific law – implementation Introduction of landscape assessment and of participation process- Presence of instruments aimed at ELC implementation -Analysis of the landscapes dynamics
OUTCOMES AND CONCLUSIONItaly - Ministry for Cultural Heritage and - Laws 1089 and 1497 (1939) Yes, 2006 -Urbani Code -Regional Landscape Plans activities - Galasso Law (1985) (2004) (http://www.beniculturali.it/mibac/expor - Constitution (1948) t/MiBAC/index.html) - State and Regional Authorities ELC Recognition of landscape in a specific law- Integration of landscape in regional policies- Presence of instruments aimed at protecting and planning all regional landscapes- implementation Analysis of characteristics of landscapesSwitzerland -Environmental, Transport, Energy and -Federal Law for the wood intense supervision No -Law for Nature and Federal Inventory of landscapes and Communication Ministry (DETEC) (1902)and -Law for the hydropower exploitation Landscape natural monuments (1977) (http://www.uvek.admin.ch/org/01896/i (1916) Protection (1966). -Inventory of constructed sites worthy ndex.html?lang=en) -Ordinance on the of protection (ISOS) - Constitution (revised in 2000) Nature and -“Conception Paysage Suisse” (CPS, Landscape 1997)-Landscape Project 2020(2003) protection (1991) ELC Promoting of sustainable development- Landscape protection- ELC signature but not ratification- Recognition of landscape in management laws and in Constitution- Prevention implementation of negative environment impacts- Definition of landscape quality objectives- Promotion of cooperation in the aim of landscape developmentThe Netherlands -Ministry of Housing, Physical Planning -Residence law (1901) Yes, 2005 Law for nature and -Landscape Memorandum (1992) and Environment (VROM)- Ministry of -Law for natural beauty (1928) landscape protection -Landschaps Manifest (2005) Agriculture, management of nature and - Constitution (1806) (1998) -Meetnet Landschap fisheries (LNV). - Law for the -Landscape development plans (http://www.rijksoverheid.nl/) territory management (2007) ELC Absence of a historical recognition of landscape in law but strong presence of historical landscape policies- Institution of nature plans implementation -Promotion of recovery and quality of landscapes- Recognition of landscape in management tools- Promotion of protection and management of landscapesFrance -Environment -Natural Monuments law (1906) Yes, 2005 Landscape Law -Atlas de paysages Ministry(http://www.developpement- -Law for historic monuments (1913) (1993) -Observatoire photographique du durable.gouv.fr/) -Law for the hydraulic energy use (1919) paysage -Direction de la nature et des paysages" -Law for natural monuments and artistic, historic (http://www.developpementdurable.gou and scientific landscapes preservation (1930) v.fr/Direction-nature-et-paysages.html) -National Council of Landscape (2000) ELC Management of landscape policies- Recognition of landscape as a fundamental factor in spatial policies- Analysis of dynamics and characteristics of landscapes- Landscape implementation monitoring
CONCLUSIONS The panorama of ELC implementation paths is complex and varies according to thespecific national institutional framework. In spite of the evidence that the ELC has been ratified by thirty three Member States,only a few States have successfully updated their planning tools. ELC official ratification does not imply an immediate implementation of its principlesand, vice versa, sometimes its implementation has taken place in states that have notratified it formally. The six case studies demonstrate a significant role played by land management, whichis believed to be an appropriate instrument to political landscape implementation. The ELC influences planning practice, even in countries that have not officially ratifiedit, such as Switzerland and the UK. The first has not ratified the ELC, while the secondhas not established a specific law on landscape. While some countries have a specific law for landscape, such as the Netherlands andFrance, Catalonia adopts through Law 5/2008 an integrated approach on landscapepolicies. In this direction, some countries, such as Switzerland, have extended theexisting laws to complement the actual operational instruments with tools able toenhance local landscapes.
CONCLUSIONS Landscape is subject to protection by law in a pattern of cases. In Switzerland and Italy,the Constitution –the fundamental regulation for a state- prescribes landscapeprotection. In addition, in the same countries, landscape is the focus of specificregulations, such as the Urbani Code, in Italy, and the Conception Paysage, inSwitzerland Landscape protection and management is included in and determines regionalplanning. This is evident in Italy with the Regional Landscape Plans, in France with theLandscape atlases, and in Catalonia with the catalogues and the landscape directives.As in UK, landscape planning is going to be addressed by evaluation and assessment.