These three government levels can all draw up spatial structure plans (ruimtelijke
structuurplannen). These are strategic plans; they consist of an indicative, a directive, and a
legally binding section. The plans can also contain parts which are binding for other
government authorities. Spatial structure plans drawn up at a lower government level must be
approved by the next successive higher government level. The plans must be oriented to
conform to the stipulations of the spatial structure plans of the higher government level. In
principle, they are fixed for a period of 5 years.
In addition to the spatial structure plans, all three government levels have the competence to
make spatial implementation plans (ruimtelijke uitvoeringsplannen). These are binding plans
to carry into effect parts of a structure plan. The plan contains legally binding land use
regulations; citizens must abide by these plans. An approval procedure undertaken by a higher
government authority also applies to these plans. Should a land division permit or an urban
development permit (successor to the building permit) be applied for, this must be checked
out against the spatial implementation plan.
In addition, all three government levels have a third competence at their disposal. It concerns
the opportunity to set general spatial prescriptions in the form of urban development
regulations; these are binding prescriptions. An approval procedure by a higher government
authority also applies to these regulations.
The Belgian system used to be characterized by the land-use management approach in which
planning is more closely associated with the narrower task of controlling the change of land
use at the strategic and local levels. The system is now moving to a more comprehensive
approach, as in the Netherlands (EC, 1997).
6.2 Changes in the planning system
The predecessor of the current legislative regulation in spatial planning was introduced in
1962 (Stedebouwwet). With the constitutional reform through which Belgium became a
Federal State, the spatial planning competences were transferred to the regions. At first, the
old prescriptions remained in force. An important change in 1993 was the rescinding of the
so-called filling-up right of empty plots between already built-up plots (opvullingsregel), a
landowner’s general building right which was responsible for much ribbon development in
Belgium (Desmet, 1997). Albrechts (2001) speaks of a change in the political system dating
from the beginning of the 1990s, whereby spatial quality and the promotion of the interests of
all citizens became more important in the making of plans than individual landownership,
personal interests, or adherence to certain social networks and pressure groups.
Since the mid 1990s there has been an integral revision of the system. Thus in 1996 a legal
basis was given to structure plans. Since then all three government levels have been required
to make structure plans. With this change the tradition of binding land-use plans came to an
end and in fact a revival of spatial planning took place in Flanders (De Vries, 2002). Also in
1996 the planning regulation was introduced: a binding regulation with general rules with
respect to spatial planning. The province also acquired the competence; provinces thereby
acquired binding competences in spatial planning for the first time.
In 2000, the integral revision was completed with the coming into force of the Spatial
Planning Decree. One of the objectives of this decree is a (further) strengthening of the role of
the provinces and local authorities in the area of spatial planning: problems must be dealt with
at the most appropriate level. In the explanatory memorandum an indication is also given as to
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