to be treated in sub-legislation and worked out by the senior managers
of the governmental administration.
A strong example of these differences can be seen in the way the
laws describe the municipal general plan. This is a common feature of
all the laws and, in general terms the plans all have the same purpose.
They link a spatial plan with a plan of infrastructure, transport and
public facility needs.
The spatial plan describes the best pattern of
land uses from the
standpoint of land capacity, density of settlement and good urban de-
sign. But the plan of infrastructure, transport and public facility needs
is based on an estimation of economic calculations and efficient sys-
tem design and functioning.
Despite the differences, however, the
planning and urban devel-
opment laws of the "western" countries reflect similar concepts of
law-drafting and the structure of legislation. These can be character-
ized in the following ways:
- the laws (as opposed to the sub-legislation and local regulation)
accomplish two primary purposes: 1. they authorize or mandate the
pertinent government administrations to engage in planning and land
use regulation; 2. they define the status of these government actions in
relation to the legal rights and responsibilities of
landowners and land
users, individuals and juridical entities and citizens generally;
- the laws assume that the predominant form of landholding in ur-
ban area is private ownership and that most actions, which result in
new development or re-development, are civil law/market transac-
tions. The plans and regulations are intended
to guide these private ac-
tions, and the state and municipal investments in infrastructure and
public facilities are to support them. Except in the special case of re-
developing obsolete areas, government actions are not intended to re-
place private actions to determine how and when to invest in the use
and development of specific parcels of land;
- the laws do not define the specific methodologies
for planning or
fix the content of plans, except with respect to broad categories of
subject matter. These are technical issues, which the experts, local of-
ficials and citizens will work out. The laws anticipate that there will
be disagreements; therefore, they provide procedures for coordination,
mediation and public participation. The laws are
not used to give one
group of experts control over the planning process, excluding others;
122
- the laws are not intended to fix the power relationship among
sub-units of the government administrations. These are management
issues. The responsibilities to carry out planning and regulatory tasks
are given to the chief executor (governor, mayor) or to one or more
ministers. They have the responsibility to organize (or re-organize) the
subordinate units to accomplish the tasks most efficiently.
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