Andrea De Montis and Patrizia Farina on "Assessing the impact of the European Landscape Convention on national planning systems: a comparative approach"

1. Assessing the impact of the European Landscape Convention on national planning systems:
a comparative approach
Prof. Andrea De Montis Ing. Patrizia Farina

2. CONTENTS AND OBJECTIVES
Analysis of the current scenario of landscape planning in Europe after the signature of the ELC
in 2000 with a particular emphasis for the following member states very active in landscape
management: Spain (Catalonia), United Kingdom, Switzerland, The Netherlands, France, and
Italy.
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.

3. 2000
Convenzione Europea del Paesaggio
European Landscape Convention
The ELC, signed in Florence eleven years ago, has established the transition towards a
environmental and territorial interpretation of the concept of landscape protection and
management.
The ELC relates to all landscapes (urban, peri-urban and rural) with the aim to promote
landscapes protection policies, planning, and management. Each Member State is expected to
implement the Convention according to its own legal system and division of powers, respecting
the principle of subsidiary institutional intervention. The ELC promotes also the European
cooperation 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.

4. 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

5. ELC IMPLEMENTATION

6. METHODOLOGY PROPOSED
Methodology 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

7. 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, management
and planning through the adoption of the specific measures.
Landscape policies and tools
•Landscape Observatory: is an excellent centre for studying and monitoring Catalonian landscapes and
lays down the criteria for the adoption of landscape protection, management and planning measures in
the aim to establish quality objectives. It has two key objectives: monitoring the landscape policies and
planning 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 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.

8. 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

9. 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 evaluation
CATALONIA
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.

10. 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 Convention
in the UK: providing a base for a policy framework to understand how ELC can be implemented in
national 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 and
trends;
• Engaging people through comprehensive and accessible awareness and understanding activities as
well as through, promotion, education & training;
• Sharing experiences and best practice.

11. 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 1948
Law n° 1089: “Tutela delle cose di interesse Italian Constitution
storico artistico” Art.9: La Repubblica tutela il paesaggio
Law n° 1497: “Protezione delle bellezze naturali” e il patrimonio storico artistico della Nazione
2000
1985
“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.

12. OUTCOMES AND CONCLUSION
INSTITUTIONAL STRUCTURE FOR HISTORICAL LANDSCAPE LAWS OR TOOLS ELC LANDSCAPE LANDSCAPE POLICIES AND
LANDSCAPE RATIFICATION LAWS TOOLS
Spain 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 policies
United 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

13. OUTCOMES AND CONCLUSION
Italy - 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 landscapes
Switzerland -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 development
The 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 landscapes
France -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

14. CONCLUSIONS
The panorama of ELC implementation paths is complex and varies according to the
specific 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 principles
and, vice versa, sometimes its implementation has taken place in states that have not
ratified it formally.
The six case studies demonstrate a significant role played by land management, which
is believed to be an appropriate instrument to political landscape implementation.
The ELC influences planning practice, even in countries that have not officially ratified
it, such as Switzerland and the UK. The first has not ratified the ELC, while the second
has not established a specific law on landscape.
While some countries have a specific law for landscape, such as the Netherlands and
France, Catalonia adopts through Law 5/2008 an integrated approach on landscape
policies. In this direction, some countries, such as Switzerland, have extended the
existing laws to complement the actual operational instruments with tools able to
enhance local landscapes.

15. 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 landscape
protection. In addition, in the same countries, landscape is the focus of specific
regulations, such as the Urbani Code, in Italy, and the Conception Paysage, in
Switzerland
Landscape protection and management is included in and determines regional
planning. This is evident in Italy with the Regional Landscape Plans, in France with the
Landscape 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.

16. Thanks for attention