Földtulajdon és tervezés. A településfejlesztés gazdasági alapú szabályozásának lehetõségei Magyarországon

Locsmándi, Gábor (2002) Földtulajdon és tervezés. A településfejlesztés gazdasági alapú szabályozásának lehetõségei Magyarországon. Építés - Építészettudomány, 30 (1-2). pp. 95-122. ISSN 0013-9661

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Abstract

Already in the early 1980s it was recognisable in Hungary that a contradiction between the prevailing mechanisms of urban physical planning and the public perception of property rights was evolving. Lead by the fundamental changes of the ownership patterns after the political changes this contradiction continued to grow while the old planning mechanisms survived almost unchanged. Up to 1997 when the new Act on the Built Environment and the relevant bylaws were finally adopted cities and villages made and amended their plans according to the old planning legislation that goes back to as early as 1964.  In the first part of the paper the three main functions: concept/strategy formulating, developmental and the regulatory of urban planning are analysed. It is stated, that in the developed industrial countries there is a decisive effort to get to a balance between the three functions of planning. After the political and economic changes Hungarian planning legislation focused mainly on the regulatory function, while the planning and developmental function of cities became relatively weak. The new urban planning law introduced some legal mechanisms in order to assist cities in the implementation of their physical plans but some innovations are yet missing, among others the introduction of a planning permission procedure. The next part of the paper focuses on the developmental function of planning. This function is viewed as an integral part of the planning process comprising those active measures of the communities that facilitate the implementation of urban projects in the interest of the general public. As public involvement in urban development is in most cases associated with negotiations with the private property development sector about financial settlements the paper first examines the dual source of betterment: It is stated that a clear distinction is to be made between betterment (and also worsenment) caused by the changes in the demand patterns and those changes in land values that result from public capital improvements, i.e. from infrastructure programs.  A simple explanartory is presented here. It is arranged along two variables: the "strength" of the development function of the public sector ("pro-active" or "re-active" policies) and the "complexity" of the planned urban development projects. The latter variable refers both to physical complexity and to those characteristics of projects that are associated with the social/economic complexity of public interests to be met, e.g. avoidance of segregatory trends, facilitating local economic development, preserving local urban districts.  Based on the survey of the legislation and practices of the countries mentioned above the model indicates that planning tools used in Anglo-Saxon and European planning practices differ according to the cities' measure of active involvement in the realisation of urban plans. In America, where most urban projects are initiated by the private sector, and where the "weak" development function of the communities is restricted to the implementation of the basic elements of the public infrastructure, various tools of dedication in land or in money and of impact (development) fees are used for partially financing the associated public developments. It is stated in the paper that these instruments – very similar to those proposed by the 1937 Act on Planning in Hungary – are inadequate to the influential private developments towards the complexity of public goals. In Europe, where the development function of the public authorities has traditionally been stronger, the use of a comprehensive urban land policy is more wide-spread. Cities are invested with wider powers for the usage of this tool if they officially declare their commitment to start and – partially – finance complex urban projects, e.g. urban renewal, development of agrarian land. By purchasing, temporarily taking over land communities are put in a better position to enforce public claims through private contracts with developers and also to recapture at least a part of the betterment. Finally, it is pointed out that the development function of planning has been diminished in Hungary after the changes and proposals are made for the introduction of some tools discussed.

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