The Effectiveness of the Landscape Policy Focusing on the Streetscape ontrol Takeshi Yoshino Graduate School of Media and Governance, Keio University Abstract Recently, there has been an upsurge in the discussion on landscape. A number of lawsuits over landscape problems are increased. ut, is existing landscape provisions in the city planning law and the building standing law really ineffective? I analyze the effectiveness of the landscape provisions in the city planning law and building standing law. Explore how the autonomy can overcome the limitation of the existing law, applying the new landscape law. I defined the streetscape in landscape.substantial environment that is perceived by the visual relationship among several buildings around. And, to make analyses, the environment is classified as follows: A: area, : structure object, : individual site, and D: the road. Also, the streetscape is defined as relationships of and. Therefore, this research explores how the city planning law and building standing law regards the relationship above, examining of local government policy in Manaduru and Kamakura After analyses, Present, since the existing law cannot regulate the individual site, which composes the street, the landscape design of the streetscape is uncontrollable. Then, Streetscape design depends on the design in each individual site. Key words: Landscape policy, streetscape, city planning law, building standing law, regulations - 1 -
Introduction 1. The background Recently, there has been an upsurge in the discussion on landscape. Local governments establish complementary regulations. There are 494 regulations in 27 prefectures and 450 cities as of September, 2003. Moreover, a number of lawsuits over landscape problems are increased. Example is "Kunitachi apartment lawsuit problem". As a background, the landscape law was approved in 2004. The landscape law was different from city planning law and building standing law (following, existing law).ut, is existing landscape provisions in the city planning law and the building standing law really ineffective? 2. Research objectives I analyze the effectiveness of the landscape provisions in the existing law. Explore how the autonomy can overcome the limitation of the existing law, applying the new landscape law. Literature Review I show a point at issue map of a study about a Landscape as follows in ity Planning Institute. Landscape policy (The frame inside of landscape law) (1)The landscape from a specific system (5 articles) Shinji Suzuki (2003). onsideration about an aesthetic area system in a process as a uilding Standard Act establishment older brother (2)A landscape by form regulation (8 articles) hisato Saito(1994). A general form and a study of down zoning in Japan about the formation - 2 -
Landscape policy (The frame outside of landscape law) (3)Landscape regulations (3 articles) Jyunichiro Koizumi (2004). The actual situation and a problem of development discussion based on the Kunitachi-shi cityscape regulations (4)Introduction of a self-governing body (13 articles) Tokumei Nishiyama (2003). Technique of row of houses along a city street save by a cultural urban environment law and the scene formation Others (5)Landscape from an image (4 articles) Masaya Okada (1998). A study about the row of houses along a city street formation that paid its attention to aim space image (6)Landscape analysis technique (6 articles) Masahiro Nakai (2002). The actual situation of a scene instruction by an urban environment law and a study about an effect Research Methods 1. Definition of Landscape (refer to Figure 1) I defined the streetscape in landscape. Landscape streetscap Figure1:the relation of landscape and Although the definition of "streetscape" is not made in a society paper, Daijirin (2004) has "signs that houses are located in a line with the town", and Ashiwara (1979) has various arguments, such as "beautiful rows of houses are materialized by continuity and a rhythm." - 3 -
I defined the streetscape in landscape.substantial environment that is perceived by the visual relationship among several buildings around. 2. Research object (1) The existing law (city planning law and building standing law) ity planning law: -The Section 1 ontents of ity Planning in hapter 2 city panning uilding Standing Law: -hapter 3 Structure, onstruction Equipment and Use in city planning area (Group Regulation)". -hapter 4 uilding Agreement" -86 Articles of hapter 6 Special ase of Restriction over Two or More uildings Fixed. However, "hapter 3 of Section 5 Fire Zone and 2 Specification Disaster Prevention lock Maintenance Area of Section 5" are not Treated. (2) ase research It is aimed at Manazuru-cho, Kamakura-shi (Wakamiyaoji and Kita- Kamakura), Yokohama-shi (MM21 and uptown), and Kashiwa-shi (national highway No. 16) as a characteristic example in landscape policy. In addition, this research treated in Manazuru-cho and Kamakura. - 4 -
3. Analytical framework (refer to figure 2) In an original scene measure of the current law mentioned to the candidate for research, and a self-governing body, in order to catch how "the material environment which has the relation which approached mutually" is treated, the following AD(s) are prepared and the framework of catching ten kinds of "relations", such as "A" and "A", is set up. The environment is classified as follows: A D (figure2 analysis flame) A: an area, an area, a block, and a zone (a physical unit is pointed out.) Hereafter, it is considered as "area". : A structure and the natural object : Individual site D: Road In order to control "streetscape", it is largely based on the relation of "" - "" (material environment which approached mutually). So, in this outline, the "relation" between "A", "A", "", and "" is treated also in ten kinds of "relations." This "relation" can be typified to four kinds, "specification", "limit", "special case" and "outline." -"Specification" is specifying a concrete numerical value etc. to an applicable item. -"Limit" is highest limit and the minimum of an applicable item are specified as a free value can be taken in the range. -"Special case" is giving preferential measures, such as relief, only within an applicable item. - 5 -
- Outline is indicated to be an applicable item, and an applicable item can take a free value in the range. Analysis of city planning law and building standing law 1. Analysis (refer to figure3 and figure4) (1) Relations of A and A (substantial environment in an area) As for the "relation" of each item of "the structure and the natural object", and the "individual site" to "area", since the many are "limits", as for each item, the choice is restricted within the limits of it. That "specification" of is shown to A has only the "wall surface line" by "46 article of building standing law." However, this does not presuppose the line which restricts the position of a structure "can be specified", and the position of a structure "is not specified" concretely. As regulation which shows the "outline" of or to A, in "11 articles of capitals", "urban facilities can be appointed out of a zone the inside of a city planning area, and if needed", and "4 capitals 2 and 12 articles of capitals of 68 article of building standing law, 5" can define "arrangement and the scale" of a public facility, and "the thing which provides the trees ground, grassy place, etc. which consists actually in a government ordinance" in an area maintenance plan. Moreover, regulation concerning " building standing law 59 article 4" an advanced use area " in a site, on condition that effective vacant lot" is secured in contact with a road, relief of a floor area ratio etc. is applied, it is only shown that it is "effective" and the "vacant lot" is left to the specific administrative agency for details. Therefore, the choice is restricted within the limits of it about the applicable item, respectively. - 6 -
(2) Relations of and There is no regulation which connects the material environment which approached from area unlike the seen material environment. A Area An area a district a block an area rerationship Substance The gate, a wall ahead of wall of a building, pillar, 59 60 60-2.2 2m high for this 52 56-2 60 60-2 8-3 68 68-2 12- loor area ratio of a buildin 4,5 52-2 86 53 57-2 60-2 8-3 68 8-3 68-2 loor-area ratio of a buildin 69 12-4,5 86 55 58 60 60-2 8-3 68 68-2 12-4, Height of uilding 5 86 56 the amount of each part in a 86 59 60-2 68 8-3 uilding area in a site 68-2 12-4,5 A public establishment of specification building -3 others Of structure of an opening of an outer wall and an area, main structure 8-3 department 68 8-3 68-2 12- Form design of a building 4,5 69 8-3 A green tract of land rate 8-3 Height of work place 11 Municipal facilities Placement, grounds of 68-2 12-4,5 public accommodation 68 8-3 68-2 69 Structure of a fence 12-4,5 68-2 12-4,5 Tree bare wood, grassland Substance The gate, a wall ahead of wall of a building, pillar, 2m high for this Floor area ratio of a building Floor-area ratio of a building Height of uilding s the amount of each part in a uilding area in a site A public establishment of specification building others Of structure of an opening of an outer wall and an area, main structure department Form design of a building A green tract of land rate Height of work place Municipal facilities Placement, grounds of public accommodation Structure of a fence Tree bare wood, grassland rerationship nothing (figure4 relation of ) Substance The gate, a wall ahead of wall of a building, pillar, 2m high for this loor area ratio of a buildin loor-area ratio of a buildin Height of uilding the amount of each part in a uilding area in a site A public establishment of specification building others Of structure of an opening of an outer wall and an area, main structure department Form design of a building A green tract of land rate Height of work place Municipal facilities Placement, grounds of public accommodation Structure of a fence Tree bare wood, grassland (figure3 relation of A) Example relation ) 1 2 limitatio exception summary 2. Discussion of Findings Streetscape ( ) are uncontrollable. The relation of "structure and natural object" and "individual site" is defined. Generally, since these relations are connected by the regulation which shows a "limit" and an "outline", they have given the rough image which exists to "area." - 7 -
Since there is no regulation which, on the other hand, treats the material environment which approached the prior decision target mutually, "streetscape" control are uncontrollable under the existing law. However, there is a system which can generally treat the material environment which approached mutually and includes the concept of a "streetscape" in the purpose like an "aesthetic area", a "scenic area", "district planning", and a "building agreement." Although these are not the viewpoints of "streetscape", strong regulation of binding force can be applied using regulation of "the form design of a building" etc. in the material environment seen from area. For this reason, a self-governing body is considered to perform the scene measure using these specific systems The ase Study 1. Manaduru (1) Outline Although it was 70% of building coverage, and 400% of floor area ratios in the city planning area (un-drawing a line) all over the districts, it was set as the object of the resort condominium picture1.manaduru development boom of the 1980s, and 50% of building coverage and 100% of floor area ratios were specified about twenty percent of the town with the Town Planning and Zoning Act revision in 1992. (2) Streetscape policy The 10th article in Manazuru-cho city planning regulations has 69 keywords. There has "locative attachment, the measure, the harmony, the material and ornament, and the art, the community and the view" "Streetscape" is controlled in case these are embodied for every individual construction act. - 8 -
A city planning division person in charge creates "a construction venue local report (henceforth, local report)", and has "deliberations" (it is an object about the construction act beyond a fixed scale at an institution level) based on the aesthetic principle through "the standard protocol of aesthetic standard request and beauty" (Table 1) which uses a keyword. Although "the circumference of a site" is set as the investigation target of "being a view into level 2" of a local report, the concrete range set as the "surrounding" object is not defined. Moreover, the candidate for investigation has main historical resources and natural environment which exists near the plan ground. (3) Analysis A city planning division person in charge actually goes there, investigates "the material environment which approached mutually", and makes it reflect in "the standard protocol of aesthetic standard request and beauty" in a local report through "the proposal (table 1(3))" which the administration side performs based on "a keyword (table 1(1)(2))" and it. And an entrepreneur shows "the measure (table 1(4))" according to it, and "it is talking" the administration side. The relative judgment for such every individual site is compensating with "the material environment which approached" being uncontrollable in the current law. However, the material environment set as the object of deliberations as environment which approached by site investigation is mainly historical resources and natural environment, and relations, such as adjacent exclusive-occupation houses, are outside an object. 2. Kamakura (1) Outline Kitakamakura area has rich nature and long history serves. This area has 200.1ha(s). -106.9ha (53%) is historical climate special preservation area. Picture2.Kamaku - 9 -
-39.7ha (19%) is historical climate preservation area. -32ha (16%) is residential-land-development area. -6.5ha (3%) is scenic zone area. -6.5ha (3%) is nonappointed area. (2) Streetscape policy Kamakura has city landscape regulations. The city landscape regulation has the design check sheet. The design check sheet in regulations has a role of city control that relations of and. An enterprise fill out a design check seat about streetscape for reference in a landscape formation guideline. Then discuss it with administration person. Design check sheet has three points. 1-the instruction of Kamakura 2-the instruction of building 3-the instruction of area 1-the instruction of Kamakura: An outstanding building is considered to be an annoying design. Moreover, consideration in the design of the way and building which appear from viewing points, such as a place which a building locates, a thing which exists on the outskirts, a road, and heights, is shown. That to which 2-the instruction of building: It does not become a high building compared with the circumference from the building of height and the circumference according to the element of a building. 3-the instruction of area: It is urged for an entrepreneur to consider the regionality like harmony with a surrounding low layer residence with careful attention to "residential section. - 10 -
(3) Analysis Enterprises fills out a design check seat compared with a surrounding scene for consideration of each regionality, such as a residential area and commercial area. Then they discusses it with administration The relative judgment for such every individual site is compensating with that "adjustment" of area and the material environment for every individual site has not made reference since it is connected in the "limit", and "the material environment which approached" being uncontrollable by the current law, although the "scenic area" is specified by the current law in this area. However, since the concrete range set as the object of the "circumference" considered with a design check sheet is not defined, it is left to the entrepreneur, and it remains for being with the tool which works on the consciousness to an entrepreneur's scene. Moreover, the environment which should be considered like Manazuru as what approached is historical resources and natural environment, and the relation which exclusive-occupation houses approach is not the object of deliberations. 3. Discussion of Findings (Refer to figure 5) In "the material environment seen from area", the current law is the absolute standard of the national drawing, and is reducing the choice which each item of "a structure and a natural object", and an "individual site" can take to area on a prior decision target. So, in each self-governing body, "it is talking" based on the image of the area shown in the design code or the guideline. Since "adjustment" of area and the material environment for every individual site cannot make reference even if as for this it is only specifying a "limit" and an "outline" and the current law prepares detailed regulation to area in a "scenic area", administration will ask for this for every individual site, and will ask an enterpriser for consideration by "deliberations." - 11 -
Moreover, under the existing law, "streetscape" control beyond an individual site cannot be performed. So, in Manazuru, an administration person in charge actually goes to a site, and "the material environment which approached mutually" is investigated and judged relatively, "it talks" based on it, and the mechanism of demanding consideration of "streetscape" from an entrepreneur is institutionalized. Moreover, in other self-governing bodies, the structure to which an administration person in charge "talks" and urges consideration of "rows of houses" is institutionalized to what the entrepreneur "submitted notice" by judging relatively "the material environment which approached mutually", and "streetscape" control is compensating the fault of the current law that it has not done. As the subject about "streetscape" control, and a view, five points are mentioned below. "Streetscape" may be hard to be reached because it require relative judgment for every individual site. Therefore, the existing law cannot treat it, so the self-governing body asks in discussion. The object of "the material environment" is the historical resources and natural environment which an agreement is hard to be reached. Moreover, although the concept of "a surrounding streetscape" also including an exclusive-occupation house is established as an object which should be considered, the range concrete to the "circumference" is not defined but is left to the designer. "Discussion" needs a great quantity of time and talented people, so the discussion object is more than a scale constant at an institution level. Discussion needs professional for judgment relatively. The way of discussions is two kinds. 1- I appear in the spot and look, and the administration side freezes and makes a relative decision for an individual treatment site, and a designer can stream down it - 12 -
2- An enterprise uses guidelines and discusses "row of houses along a city street" with reading, administration. (1) an't it specify the relation beyond an individual site on a prior decision target it is not only based on "discussion"? For example, defining "the "rows of houses" which should be protected at worst in an area" like "the design which becomes troublesome in an area" of Kamakura-shi is also considered. present Inside of existing Outside of existing problem Inside of existing Outside of existing prior decision A A A A A A 5 A A 5 discussion nothing 1234 234 Use nothing nothing landscape law of (Figure 5. present and problem of landscape policy) onclusions Present, since the existing law cannot regulate the individual site, which composes the street, the landscape design of the streetscape is uncontrollable. Then, Streetscape design depends on the design in each individual site. Future, a system that can judge relatively over each individual site is required to incorporate into the existing law. The landscape law prescribes "authorization of a 63 as to "the form design of a building". This "authorization" is structure in which the system top of using discretionary authority is possible, and the limit over the "rows of houses" of the current law can be overcome. However, the "speciality nature" of the "subject" which judges "rows of houses" across an individual site is required of discretion in authorization like "deliberations." Furthermore, the guarantee of the justification of the judgment and the transparency to citizens - 13 -
also serve as a subject. present A D Future D A (Figure 6. streetscape control of existing law) Reference (1)Shinji Suzuki (2003). onsideration about an aesthetic area system in a process as a uilding Standard Act establishment older brother (2)hisato Saito(1994). A general form and a study of down zoning in Japan about the formation (3)Jyunichiro Koizumi (2004). The actual situation and a problem of development discussion based on the Kunitachi-shi cityscape regulations (4)Tokumei Nishiyama (2003). Technique of row of houses along a city street save by a cultural urban environment law and the scene formation (5) Masaya Okada (1998). A study about the row of houses along a city street formation that paid its attention to aim space image (6) Masahiro Nakai (2002). The actual situation of a scene instruction by an urban environment law and a study about an effect - 14 -