Flexible Planning Schemes
Les plans souples
Abstract
This report deals with the content of the planning schemes. Its aim is to
assess the flexibilities in their content, in their application and to know
how they can produce effects. It was a hard work because the concept
of a flexible plan is ambiguous (there is no definition). Nevertheless,
some key learnings have been identified:
There are dedicated instruments for flexible planning in almost all countries.
The way flexibility is carried out can be found either in the content
of programs and plans (known for their elasticity/plasticity) or in the
legal relationships between plans (the hierarchy or articulation between
them).
Technically, four categories of flexible plans can be identified:
• The socalled
strategic or ‘programmatic’ or ‘spatial planning’,
whose main purpose is to orientate urban planning by setting
major objectives, options or directives. Most of them are
‘schemes’ covering a mainly large spatial scale. In principle, they
are not binding on builders’ projects;
• Strict plans with flexible zones or reserves of flexibility (regulatory
plans or allocation plans); they are spatially or territorially
restricted (to cities in particular) and more adapted to rule land
use concerning parcels. They are binding on builders’ projects;
• Totally flexible plans; these plans do not in themselves create
obligations for their addressees, but are nevertheless intended
to produce effects;
• The UK’s plans. In the UK planning system, the plan is not fundamental
and is not a legal document in the sense given in most
other European countries. The plan is one of many assessment
elements for the granting of permissions. Beyond plans, the UK’s
whole planning system is inherently and explicitly flexible.
A general trend is emerging: in all countries, the elements of flexibility
are growing. This is a consequence of the sophistication of the rule of
law, of democracy and of greater respect for fundamental freedoms, as
all actors must act with care for others. Therefore, studying flexible plans
consists in studying the methods (analysing how the various instruments
of planning law allow the rules to be adapted to concrete situations and
changing circumstances) and the political and institutional system of
each country as well. Finally, this report is a reflection on what the law
is and on the means to compel in a democratic society: how can different
actors be led to act in a certain direction without explicitly or systematically
strict legal constraints?