Changing spatial planning systems and the role of the regional government level; Comparing the Netherlands, Flanders and England



which matters should be taken up in an implementation plan at the provincial level. That is
relevant here, because in Flanders up to 2000 the Region itself made relatively detailed
binding plans (referred to as the regional plans:
gewestplannen).

The approval of local plans also becomes a provincial task. This step constitutes a break with
the centralistic policy which was previously followed in Belgium with respect to the local
government authorities (Vekeman, 1997). The local authorities and the Flemish Region
already had at their disposal the opportunity to set up a binding spatial plan; in 2000 the
provinces also acquired this opportunity, in the form of the opportunity to make a spatial
implementation plan.

The Spatial Planning Decree also includes a number of other instruments concerning spatial
planning. Local authorities must draw up a planning register. This analogue or digital register
must make it possible to check out per parcel what land use regulations apply. In the Flemish
system, with possibly binding plans at three levels and in addition possibly binding
prescriptions on the basis of the urban planning regulations, this is of great importance for the
citizens’ familiarity with the land use prescriptions. The regulation concerning planning
profits is remarkable. Should the situation arise that a landowner stands to make a profit
through a change in the spatial implementation plan (through acquiring a more profitable land
use), then he is required to pay for it. The levy is a fixed deduction. The yields from the levy
are paid into a regional land fund and devoted in particular to helping local authorities that
have few opportunities for development (local authorities with many wooded and green areas
and agricultural areas within the local authority boundaries).

Although the integral revision of the planning system took place several years ago, the new
system is far from being in operation. The Flemish Structure Plan did indeed appear in 1997,
but the structure plan has not yet penetrated the municipal level. That is also inherent in the
system, whereby the lower structure plan must conform to the higher-level plan. Since the
new system involves a radical break with the past, transitional regulations were also included
in the decree. One of these, for example, concerned the competence of the local authority to
deal independently with the granting of urban development licences. The condition for the
application of this competence was that local authorities should satisfy certain requirements
within 5 years (including the completion of a local spatial structure plan and a planning
register); after 5 years the competence would be transferred to the province. Since there was
as yet no local authority capable of satisfying the condition, the transitional period was
extended by two years (which was welcomed by the provinces who did not consider
themselves capable of taking over the task). Furthermore, this illustrates that there is still a
wide gulf between the system on paper and everyday reality.

6.3 Changing role of the province

In Flanders the province is perceived as the regional level. It is indeed the case, however, that
the Flemish Region has traditionally been heavily involved with the material aspect of spatial
planning, something that now lapses with the new decree. Even after the new decree of 2000,
the involvement of the Region remains extensive in certain matters. An example is the
demarcation of urban areas. The spatial structure plan indicates that policy must be
implemented for 57 urban areas; for 13 urban areas the delineation of the policy falls under
the competence of the Flemish Region. That means that a demarcation line is determined and
an action programme drawn up of desired spatial developments in the central local authority
concerned. On the basis of this, a spatial implementation plan is subsequently drawn up by the
Region, in which not only the outer limits but also, for example, the location of new green

13



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