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



In the descriptions of the planning systems, the following structure has been used for each of
the three countries:

- In the first section, we introduce the formal government layers and the legal basis for the
planning system. We also sketch briefly the most important planning instruments for which
the various government levels in the planning system were competent and we classify the
formal planning system.

- In the second section, we consider the principle (proposed or realized) changes in the
planning system and the related policy discussions.

- In the third section, we weigh up the consequences for the role of the region. First we
indicate what the regional level consists of in the country concerned. The planning
instruments which the region has available to it are reviewed after the changes. We then
discuss the relationship of the region with the other government levels (both local and
central government) and the market parties.

The country reports form the basis for the further analysis reported in section 8. In the
conclusions we consider the similarities and differences among the three countries in the
changed role of the regional scale level.

5. The Netherlands

5.1 Current spatial planning instruments

The Netherlands has three formal levels of government: national, provincial, and local. There
are 12 provinces in total (varying from less than 0.4 million to 3.4 million inhabitants) and
467 municipalities (1 January 2005). In the last few years, major work has been carried out on
the redrawing of the boundaries of the municipalities (25 years ago there were 800
municipalities). In order to increase their governmental power, municipalities were joined
together and central municipalities strengthened. Besides the three formal levels, in some
areas a fourth government level can be distinguished. The Intermunicipal Statutory
Regulations Act (
Wet Gemeenschappelijke Regelingen) enables local authorities to -
voluntarily - join forces for a specific aim. Since 1994, the cooperation of the seven largest
urban areas with respect to city-regions is mandatory on the basis of specific legislation. This
administrative level is characterized by the local authorities participating in the city-region as
an extension of local government and they are therefore not democratically chosen. A number
of legislative competences (some of which are in the field of spatial planning) have been
assigned to this administrative level.

Dutch national government has legislative powers in the field of Spatial Planning. The formal
Dutch planning system is based on the Spatial Planning Act (
Wet op de Ruimtelijke
Ordening
), which dates from 1965. In the field of spatial planning, the Act defines a - partly
mandatory - set of plans. In practice, other types of plan are also used at the provincial or
local level; however, these plans cannot contain legally-binding land-use rules. In the current
planning system each government level has specific planning instruments at its disposal,
although changes in recent years have created some exceptions. Elements of each plan can be
binding on lower authorities, both on the formal spatial plans and on other planning decisions
by lower authorities.

The main central government planning instrument is the spatial planning key decision
(planologische kernbeslissing). This document may contain strategic planning issues of
national importance (national structure plan for a broad aspect of spatial policy). The central
government can draw up such a plan for a particular project of national importance: an



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