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PLPR - Book of abstracts - Aalborg, Denmark - 11th-13th February 2009 Edited by: Finn Kjær Christensen, Michael Tophøj Sørensen, Søren H. Mørup and Christian Aunsborg No. 2008-16 PUBLICATIONSERIES ISSN 1397-3169-pdf DEPARTMENT OF DEVELOPMENT AND PLANNING

PLPR - Book of abstracts - Aalborg, Denmark - 11th-13th February 2009 Aalborg University and Finn Kjær Christensen, Michael Tophøj Sørensen, Søren H. Mørup and Christian Aunsborg 2008 Publication series 2008-16 ISSN 1397-3169-pdf Department of Development and Planning Aalborg University Fibigerstraede 11-13 DK-9220 Aalborg

This book is compiled from the abstracts that are selected through the review process and are scheduled for presentation at the International Academic Association on Planning, Law and Property Rights in Aalborg, Denmark 2009. Academic organizing committee: Rachelle Alterman, Leonie Janssen-Jansen, Miroslaw Gdesz, Thomas Hartmann Local host committee: Søren H.Mørup, Michael Tophøj Sørensen, Christian Aunsborg, Finn Kjær, List of abstracts 101 Eviction Of Unlawful Occupants From Unsafe Inner-City Buildings In South Africa: The Tension Between Constitutional Rights And Urban Planning Programmes Henk Delport 102 From rude illegalism to the rule of law, The shift from regulative to discretionary mode in Israeli coastal planning Nurit Alfasi 103 The Sound and the Fury? The Impact of Post-Kelo State-level Eminent Domain egislation on Planning and Development Practice in the United States Ellen M. Bassett Harvey M. Jacobs 104 A Contrarian View of U.S. and European Property Rights and Land Use Planning: Differences without any Substance Harvey M. Jacobs 105 Compulsory Acquisition of Property Arising from Land Use Planning An Australian Perspective John Sheehan 106 Planning permission and the law of nuisance in the United Kingdom Francis McManus 107 Planning Legislation a view from Victoria, Australia Rebecca Leshinsky 108 Zoning on purposes as a contemporary alternative for zoning on land uses of open spaces in an urbanised context 109 Abstract Of Measure 37 Article ( Year Zero ) Edward J. Sullivan 110 Clumsy Floodplains Patterns of action before, during, and after extreme floods Thomas Hartmann 111 The Europeanization of Land Development as Discontinuous Adjustment: The Interpretation of a Düsseldorf Court and its Impact Willem K. Korthals Altes 112 The Myth of Dutch Planning Leonie B. Janssen-Jansen 113 How to actualize the institutions of legal quality in transactional practices of policy making: The case of urban and regional planning Leonie B. Janssen-Jansen Willem. G.M. Salet 114 Does land readjustment have a future? Rob Home p. 7 p. 9 p. 10 p. 12 p.14 p. 16 p. 17 p. 18 p. 20 p. 21 p. 23 p. 25 p. 26 p. 28

No. 108 Zoning on purposes as a contemporary alternative for zoning on land uses of open spaces in an urbanised context Ghent University-Centre for Mobility and Spatial Planning, Belgium Abstract The (mono)functional zoning in land use planning has already a long record of service and finds its roots in an historical political and societal ambition of separating functions and activities in space. But above all, the continuous success of this type of zoning is linked to the legal security it creates. Although a decrease in legal security still seems an invincible problem, the technique of functional zoning in spatial planning is increasingly being questioned. An alternative planning discourse of open space as public space, a planning discourse about open space fragments in an urbanised context I developed in the context of my PhD-dissertation (Leinfelder, 2007 and 2009), seems for instance incompatible with this functional zoning but also three other alternative planning discourses about the relation between city and countryside I discussed in my dissertation do not result in spatial entities that are inspired by land uses, but by differences in dynamics, environmental impact and meaning of places. Based on these observations, a rediscovery of the zoning plan as a strategic zoning plan seems necessary. The addition of strategic indicates a more active, more realisation oriented and more selective approach than today s comprehensive and passive functional zoning. The zoning in a strategic zoning plan is no longer related to the allocation of zones to one or more land uses, but to entities that refer as much as possible to the (societal) purposes for the open space involved. The name of these zones tries to express as much as possible the most relevant spatial characteristics of the entities desired for concerning dynamics, vulnerability, meaning, And the juridical rules related to these entities define the conditions in which maybe yet unknown spatial projects can take place without mentioning the land uses by name. In other words, development and management of space become increasingly dominant to the traditional allocation of space. Undoubtedly, also landscape as a holistic frame of integration is becoming of more and more importance in such zoning plans. (Selman, 2006) The strategic zoning plan also has to be considered as a more indicative and temporary frame of reference for private and public actors through which the decision making about specific projects and measures can be coordinated even when the choices at the moment of the decision are different than those at the moment of the design of the plan. (Van Ark, 2005) References Leinfelder, H. (2007) Open ruimte als publieke ruimte, dominante en alternatieve planningsdiscoursen ten aanzien van landbouw en open ruimte in een (Vlaamse) verstedelijkende context. (Open space as public space, dominant and alternative planning discourses about agriculture and open space in a (Flemish) urbanising context). Academia Press, Gent. Leinfelder, H. (2009, forthcoming) Zoning on purposes rather than land uses. In: Van der Valk, A. & Van Dijk, T. (eds.) Out in the open. Routledge, London. Selman, P. (2006) Planning at the landscape scale. Routledge, London. Zoning on purposes as a contemporary alternative for zoning on land uses of open spaces in an urbanised context

No. 108 Van Ark, R. (2005) Planning, contract en commitment, naar een relationeel perspectief op gebiedscontracten in de ruimtelijke planning. (Planning, contract and commitment, towards a relational perspective on territorial contracts in spatial planning). Eburon, Delft. Contact information Post PhD assistant/researcher Ghent University Centre for Mobility and Spatial Planning Vrijdagmarkt 10/301 9000 Gent Belgium Tel. + 32 9 264 47 16 Fax + 32 9 264 49 86 Email: hans.leinfelder@ugent.be Web site: www.planning.ugent.be Zoning on purposes as a contemporary alternative for zoning on land uses of open spaces in an urbanised context