Urban planners and designers are no longer the all powerful figures they once thought they were. We have moved away from ideas like the ideal city. But why?
Sir Peter Hall said: It is easier to send a man tothe moon than to plan and design a city
Cities have...1. Multiplicity of stakeholders (in several levels and organised in networks) 2. Lack of common visions and goals 3. Divergence about ways to achieve goals4. The wicked character of urban problems (thereare no “solutions” for urban development problems, but several possible courses of action)
The main task for urban planners and designers is to act as articulators of spatial visions and solutions for a sustainable and fair futureFoster + Partners, Duisburg City Masterplan, Duisburg, Germany, 2007. The new masterplan for the inner city of Duisburg builds on the success of Foster + Partners’ Inner Harbourredevelopment and will strengthen Duisburg’s transformation into a vibrant, green and sustainable city. Available at: http://www.fosterandpartners.com/Projects/1443/Default.aspx
Our job is to shape the attention of actors towards desirable futures
We do that by articulatingspatial visions and plans that... • Deliver sustainable and fair futures • Increase public goods • Redistribute gains • Increase life chances and prosperity
In order to do that effectively we need to understand humanactivity on space and THEN propose interventions that might improve existing conditions James Bell:Visualising Social Space, All rights reserved by jamvlog. Available at Flickr
The main goal is to create conditions forthe full realisation of humanpotentials, through healthy, sustainable and fair environments
Planners and designers do not “make” cities. They areone of the agents that act in order to steer the city Some rights reserved by tigger89. Available at Flickr
Planners and designers are inserted and can act upon complex systems of governance
WHAT’SGOVERNANCE AGAIN? Civil Private Society SectorThe great sectors of society ought to be inpositive tension, where they are Publicsimultaneously apply and receive pressure Sectorfrom other groups. The problem with thismodel is that not everyone has an equal voiceor right to express their views.
WHAT’S GOVERNANCE AGAIN? Civil Private Society Sector CivilAgents form coalitions Public Spatial Planners and designers? between sectors and Sectorwithin sectors towards Public changing objectives Sector
Public Sector Private Sector Civil Society NGOs Interest groups Unions Professional organizations Different levels of Charities government (national, Neighborhood associations provincial, local, district) Local companies Sports clubs Transnational organizations Foreign companies Organised religions or associations (e.g. Private investors and other associationsEuropean Union, UN, World Semi-public/semi-private Think tanks Bank, IMF) institutions Foundations Ministries Movements (political or not, Sectorial Boards (water like the Boy Scouts, theboards, port authorities, etc) YMCA and the Association for the Advancement of People of Colour, for instance)
WHAT’SGOVERNANCE AGAIN? Civil Private Society Sector Civil Public Sector Public Sector State (the rule of law)
The rule of law• Simply stated, the rule of law implies that everyone must follow the laws and no one (including the government and leaders themselves) is above the law that is agreed upon.• For this to happen the laws must be sensible and accepted by all, and are generally inscribed in a code of law that has been voted upon.
The rule of law• The rule of law provides the framework for the Public sector, the Private sector and the Civil society to exist in certain forms and in certain relationships with each other.
Why is governance important for us?• These relationships are our object of study:• How to operate with the relationships in place• How to propose new relationships and tools to articulate different actors, develop and implement desirable spatial visions and guarantee political/ economical and institutional support and successful implementation.
Participation boostsgovernance processes• Democratic processes (everyone has some kind of voice, thus avoiding oppression)• Legitimacy• Support and understanding• Likely to deliver more effective results
Participation opens thedoor to different kinds of knowledge• A strong argument for participation is that knowledge is constructed in communication. It would be therefore unethical and unintelligent to impose top- down solutions that do not take into account the knowledge of stakeholders.
Participation• Participation means different things in different contexts.• In Urban Planning it is not about citizen participation ONLY, but about stakeholder participation and articulation (public, private and civil).• Of course, citizen participation is an essential aspect of any participatory process, but investors and different government branches can and should ‘participate’ in decision making and plan making.
Top down or bottom up?• This does not mean that initiatives must be bottom up. The rule of law implies that there are LEGITIMATE actors in any endeavor (and probably leaders and investors). Legitimacy and power of implementation do not always go together, but it is fair to expect that the public sector has the upper hand in implementing spatial plans, because it has the legitimacy to do so.• There are vocal actors and silent ones, but they must be given a voice in planning and designing processes.
Time for increasedparticipation in city making? • Do you know examples of participatory planning in your country or elsewhere? How do they do it? • This lecture is not about participatory planning, but we will discuss it elsewhere!!!
Tools for a meansPlanning is one of the main tools tostrengthen democracy, in order to:• Increase public goods• Solve conﬂicts• Balance the powers in governance processes• Achieve SOCIAL JUSTICE
Expropriation (Onteigening)Eminent domain (United States),Compulsory purchase (United Kingdom, NewZealand, Ireland),Resumption/compulsory acquisition (Australia),Expropriation (South Africa and Canada)An action of the state to seize a citizens privateproperty, expropriate property, or seize a citizensrights in property with due monetary compensation,but without the owners consent.
Public utility De Jure Belli et Pacis, Hugo Grotius in 1625 "...The property of subjects is under the eminent domain of the state, so that the state or he who acts for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But it is to be added that when this is done the state is bound to make good the loss to those who lose their property."
Example of public utility:Selective ﬂooding strategies (NL) Source: de Volkskrant, 2004
TRANSFER ofDevelopment rightsSome physical rights include the rights tobuild, exploit natural resources,restrict access and farm. Other legallyenforceable rights include the right tosell the land, subdivide it, rent itout or grant easements across it.These rights can be suspended or limited.Source: http://government.cce.cornell.edu/doc/html/Transfer%20of%20Development%20Rights%20Programs.htm#Deﬁnition
Transfer ofdevelopment rights• TDR programs allow landowners to sever the building (aka development) rights from a particular piece of property and sell them.• Purchasers are usually other landowners who want to increase the density of their developments.• Local governments may also buy development rights in order to control price, design details or restrict growth.
TDRYou can build public policiesbased on TDRs!
Additional building rightsThe separation between the right toown and the right to build that isimplicit in tolls like zoning, give usthe opportunity to build on toolslike TDRs and additional buildingrights.
Additionaldevelopment rights• ADRs are useful in combination with other legislation (like ZONING) and specially in LARGE URBAN PROJECTS, where local governments have big stakes and where public money is used to improve infrastructure and public goods massively and where massive land valuation is expected as a result of the intervention.• Investors in areas touched by LUPs must conform to existing ZONING regulations, which most of the times determine how much they can build in relation to the size of the plot they own (ﬂoor area index).For an example, look at http://www.cityofjerseycity.com/hedc.aspx?id=6876
Additional building rights• But if investors are willing to build BEYOND the existing zoning limitations, within the capacity to be created by large public works, they can buy a TITLE negotiable in the stock market or sealable as pubic titles.• Each title will give the investor the ability to build X sq meters beyond existing regulations (within limits imposed by the planning authority). Because these titles are negotiable, their value depends on how much the market is willing to pay for them for a speciﬁc LUP at a speciﬁc time.
Further referencesHABERMAS, the Public Sphere, and Democracy: A CriticalIntervention, available at http://gseis.ucla.edu/faculty/kellner/papers/habermas.htmPARKER, G. & DOAK, J. 2012. Key concepts in planning, London,Sage.
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