UP Second Midterm PDF

PLANNING GAINS Building the city through the GP Planning gains NCUL and DL - Areas of intervention => areas of urban transformation =>integrated actions (systematic) - GP information => 1. delimitation of the areas of intervention: o NCUL => AA (Areas of Action)...

PLANNING GAINS Building the city through the GP Planning gains NCUL and DL - Areas of intervention => areas of urban transformation =>integrated actions (systematic) - GP information => 1. delimitation of the areas of intervention: o NCUL => AA (Areas of Action) o SDL => sectors o NSDL => areas of possible development. II – FROM THE URBAN MODEL TO REALITY GP effects on the BA 1. Effects on the areas of partial transformation GP information: 1. Surface of the transformation area = m² 2. GS location and areas = m² (LS justification of compliance) 3. Zones = uses and typologies (can be defined per zone or sector) 4. Zonal FAR = m²/m² (can be defined per zone or sector) - Outcome of the BA activities = transference of the GP stipulations to partial development plans - Outcome of the development activity: o Physical transformation  Lands with value in the real state market -> blocks and plots to build -> planning gains stipulated by the GP -> effective gains (aprovechamientos reales)  Lands with no value in the real state market 1. GS and LS Public spaces 2. Plots transferred to the town hall -> plots in which part of the PG can be built (10%) o Legal transformation  New built up plots which have to be redistributed among BA Reparcelling (reparcelación) o Physical distribution of properties   Equitable distribution of the new plots among the BAs (according to their contributions to the development process: land or capital) Equitable distribution (equidistribución) o Registration of new properties. 2. Effects on the general spatial model - GP characteristic o Spatial heterogeneity  Areas of transformation with multiple uses, typologies and FAR  Different rights to build  Unequal distribution of gains o How to match the situation of all BS in charge of the GP development?  Homogenization technique Average Planning Gain APG - GP task o Setting up a land planning gain of reference for all the BA included in areas of urban transformation III – AVERAGE PLANNING GAIN CALCULATION STEP 1 – Delimitation of Allocation Areas (Areas de Reparto). They are areas where the partial GP will be homogenized - In NDUL = Σ AA - In DbleL = Σ Sectors STEP 2 – Definition of weighting coefficients (coeficientes de ponderación): to express the differences of value among different uses and typologies in the real estate market. - Value 1: dominant use and typology of the AA - Values higher and lower than 1: the remaining uses, with higher and lower values, are weighted using coefficients higher and lower than 1 respectively. STEP 3 – FAR homogenization: multiplying zonal FAR by their corresponding weighting coefficients (weighted FAR) - Outcome: weighted FAR are measured in gain units g.u. (unidades de aprovechamiento) – which reflect the economic value of the different floor area ratios STEP 4 – Fixing the Average Planning Gain of the Allocation Area  Σ weighted land planning gain / AA area - Outcome: value that represents the weighted PG of what can be built in the AA 1. Delimitating the Allocation Area (AA) a. Sector 1: Z1, Z2, Z3 b. Sector 2: Z2, Z4 c. General Systems: GS Areas (m²) o Sector 1  Z1: 20000  Z2: 10000  Z3: 30000 o Sector 2  Z2: 30000  Z4: 20000 o GS: 30000 (20000 + 10000) Total AA area: (60000 + 20000) + (50000 + 10000) =140,000 m² 3. Weighting coefficients a. Sector 1 i. Z1: 0.8 ii. Z2: 1 iii. Z3: 0.8 b. Sector 2 i. Z2: 0.7 ii. Z4: 0.35 c. Why? Because detached housing has different real state value than industrial. With these coefficients we are giving real value to each one for final equal distribution of weight. 4. Weighting Partial Gains (FAR x weighting coefficients = Gain Units g.u.) a. Sector 1 i. Z1: 12000 x 0.8 =9,600 ii. Z2: 5000 x 1 =5,000 iii. Z3: 30000 x 0.8 =24,000 iv. WG Sector 1: 38600 g.u. b. Sector 2  i. Z2: 15000 x 0.7 =10,500 ii. Z4: 16000 x 0.35 =5,600 iii. WG Sector 2: 16100 g.u. c. WG sectors: 54700 g.u. 5. Calculating Planning Gain Sectors and APG (g.u.) a. Sector 1 PG i. 38600 / 80000 m² * = 0.482 b. Sector 2 PG i. 16100 / 60000 m² * = 0.268 ii. *sector area c. APG (Average Planning Gain) i. 54700 ** / 140000 m² *** = 0.3907 ii. ** total WG sectors iii. *** total AA area including GS - SITUATION AT SECTOR 1: o BA will build what the GP has planned for the different areas of transformation (effective PG) = uses, typologies and FAR o Excesses of PG will be used by the GP to compensate BA of sectors short of PG or owners of GS lands (ascribed GS) o How? Transference of PG among areas of transformation included in the same AA o Outcome = local administration obtains the GS at no cost, avoiding expropriations - SITUATION AT SECTOR 2: o BA will build as planned by the GP (effective G) without exhausting the g.u. they ought to have o To compensate this loss, the municipality contributes to the urbanisation costs in proportion of the defects of g.u. ONCE APPROVED THE GP - Action of transforming agents (public administration, landowners and developers) o Implementation of the GP determinations:  CUL: vacant plots Building projects according to zone ordinances  NCUL and DL: areas of planning transformation (Action Unit, Internal Reform Special Plans, Detail Studies and Sectors) Partial Development Plans**  ** Objective: specify technical aspects (urban design and urbanization conditions) and distribute charges and benefits among the agents included in the transformation areas. - Original situation: vacant areas, various landowners - Final situation according to GP: integral intervention - Crucial topic for planning: how the GP is implemented? How its determinations are executed? o Traditional implementation systems:  Compensation: landowners and/or developers are responsible for the execution process (private)  Cooperation: the administration drives the execution and the landowners collaborate (mixed)  Expropriation: the administration acquires private lands to carry out planned interventions (public) - Who selects the systems? o The GP according to local circumstances:  Collaboration of the private initiative  Real estate dynamics  Council economic and management capacity  Council urban policies  Plans and projects planned by supra municipal administrations COMPENSATION - System objective: o The landowners of the transformation area are grouped in a Compensation Board (Junta de Compensación) to urbanize and / or build if this is the case o The Board can start its activities without counting on all landowners since a percentage is enough (holders of 50% of the land in the Community of Madrid) o The remaining landowners are incorporated after the Board administrative approval o If it is not possible, the council may expropriate the land in favor of the Board. - Board composition: o Landowners o Companies (developers, builders) o Landowners of external lands (assigned GS) o Public administration (holder of compulsory land cession) - Board instruments:  o Statutes: basic data, scope of functions, definition of the internal structure, rules of internal operation o Bases of Action (Bases de Actuación): assesment criteria, rules for plot distribution, … o Urban project: partial development plan o Urbanisation project o Compensation project (reparcelling in some Land Acts) - Compensation project: distribution of the charges and benefits derived from the planning execution o Adjudicates to the landowners the new plots in proportion to the lands originally contributed o Adjudicates to the administration the lands of compulsory cession: GS and plots corresponding to the 10% of the Average Planning Gain o Equitably distributes the common expenses. - Approval process of Statute and Bases: o Council: initial approval – publication – allegations – final approval COOPERATION - System characteristics: o The municipality assumes the execution of the works through contracted companies o The landowners pay the urbanization in money or plots, organized themselves in Administrative Associations of Cooperation, with few functions. - Previous instrument: o Re-parcelling project  Similar to the Compensation Project  Distribution of charges and benefits, prepared by the landowners or the administrations EXPROPRIATION - Required conditions: o Previous declaration: public utility or urgency - Types of expropriation: o Lands: those indicated in the GP, for social housing or for the municipal land o Properties: elements of historical heritage o Sanction: for the non- fulfilment of landowners obligations in the Compensation and Cooperation Systems or in the maintenance of existing buildings - Instrument: o Expropriation procedure: appraisal and payment, in cash or lands  - Administration action: o It drafts the project including the cession lands and contracts the company that will execute the works - Reversion right: o Landowners may demand the return of their properties when:  The purposed of the expropriation are altered, except that the new use is equally of public nature  The projected is not implemented within the periods legally established The systems in practice - Problems: complex processes + bureaucracy + time consumption - Solutions: modification of the traditional systems and new alternative implementation formulas, such as: o Enforced execution (ejecución forzosa): the administration appoints a Management Committee that replaces the Compensation Board affected by the lack of agreement among their members. o Development agent (agente urbanizador): if the landowners do not drive the execution, the administration selects a private development company through a public tender to execute the development plan, the landowners can be part of the process. o Planning agreement (convenio urbanístico): the administration and the landowners or developers agree the conditions of the plan implementation. o Planning consortium (consorcio urbanístico): different administrations agree to create an entity to develop a planned intervention or execute a public work or service. ADMINISTRATIVE PLANNING CONTROL The public administration role - GP: instrument of compulsory compliance - Responsibility of the BA: o Landowners/developers: to urbanize and to build  Starting point of the buildings useful life o Building owners: building maintenance - Responsibility of the public administration: o Controlling land uses and building conditions  Administrative power  Objective: to authorize activities of BA  o To apply the planning discipline in case of non-compliance  Legal instruments  Objective: to stop the infringement and to restore the building or planning order - Administrative control techniques: o Licenses: municipal authorization prior to the urban activity, for the purpose of authorizing - after checking - or denying it. o Inspection: verification of the legality compliance during or at the end of the process o Implementation order: implementation of works not carried out by the responsible BAs o Ssanctions: restoration of the affected order by imposing fines and compensation to third parts affected by the infringement. - Acts subject to licensing: o Buildings:  Works: new construction, enlargement, interior and exterior refurbishment, demolition  Buildings uses: first occupation, uses modification  Land uses: land parcelling, land movements, temporary uses, urban infrastructures  Others: advertising signs, trees pruning, trees clearing, provisional installations. LICENSES - Characteristics o Request: individuals and administration o Approval or refusal: within regulated deadlines, there is no administrative silence o Reiteration: if denied, new request with adjustments o Irrevocability: no affected by policy changes after granted o Transmissibility: between holders, communication to the administration o Expiry: deadlines + extensions o Non-compliance: license expiration. INFRACTIONS - Types: o Very serious: urban parcels in rural land; building and use of land or subsoil in public green areas or open spaces, public facilities, general systems and protected rural land; The breach of the measures imposed to protect legality; demolition of listed buildings (catalogados) o Serious: non-compliance of the planning regulations related to plot subdivisions, building situation in plots, coverage, height, volume, uses, duties,..  o Minor: non-compliance of the administrative procedures - licenses - or infractions of little importance. - Who establishes the infraction conditions and the sanctions economic value? o AACC - Who imposes the penalties/fines? o Mayor or autonomic administration - When does the infringement prescribe? o In general 4 years from the date of the work completion, but depends on the type of infraction and the AACC regulations. If a demolition process cannot be opened, the situation remains illegal o Not prescribe/expire: infractions in green areas and open spaces.