| Principle of legality | Government is only authorised to intervene via statuory law |
| Reactive power | Government reacts to private sector development initiatives via permits |
| Proactive power | Government takes development initiatives |
| Pre-emption rights | If the owner of land sells, he has to offer it to the municipality first, a forced offer |
| Expropriation | The municipality takes the land forcefully, in order for the good of the public with compensation if no agreement could have been made |
| territorial distribution | powers are spread across different sectors of territory, decentralisation |
| Functional distribution | Governmental powers not confined to one body but divided among several different ones, Trias politica |
| Functional decentralisation | distribution of powers through a combination of territorial and functional distribution |
| Public Law | regulates structure of the state and relationship between state and individuals |
| Private law | relationships between individuals without direct involvement of the state |
| Right to develop | the owner of the land has the right to realise building plans for that land |
| Development rights | the exclusive right that one party received from another party, on the basis of agreement, to realise a certain program on a certain location |
| Compensation on base of | -Direct and indirect damages
-Capital and income losses
-Several planning decisions
-Irrevocability
-No complete compensationjn
-Monetary or in kind compensation |
| Planning compensation rights agreement | agreement between developer and municipality for planning compensations that the municipality approves |
| Self-realisation principle | if a party realises a land-use plan in accordance with the municipality his land cannot be expropriated |
| Private law restriction | a right which one landowner has with respect to the land of another, burden on land of neighbour which is favourable for yourr land |
| right of superficies | the ownership of a building is seperated from the ownership of the land below it |
| Environmental permit | Grants permission from authorities to steer building in their interests, preventive measure |
| Assesment framework | Strict criteria based on:
- Urban planning
- Technical soundness and safety
- Aesthatics
- Health and environment |
| limitative-imperative system | Compulsory grounds for refusal |
| Compulsory ground for refusal of environmental permit | In conflict with:
- Building Decree
- Municipal building bye-law
- Municipal land-use plan
- Reasonable requirements of external appearance
- Safety norm regarding road tunnels |
| lex silencio positivo | Should the applicant after eight weeks not have received a response to his application, the permit is deemed to be granted |
| Municipal bye-law | Contains regulations of different natures |
| Management regulation | meant for areas where no new spatial developments are anticipated. its purpose is the conservation of the area |
| Visual quality plan | This plan offers judgements concerning the desired urban and architectual form and structure of a city |
| Site development plan | In case of no consensus in private law the municipality will recover costs in public law via site development plan by:
- developing a map
- Planning
- Budget
- Recoverement of costs plan
- Timetable |
| Master plan | Spatial planning plan with no legal force but has legal force in two scenarios:
- Indirect via deviation from land-use plan by listening to master plan
- Can have legal force under private law by being included in agreement |
| Interested party | partys that are directly influenced by a decision |
| Protective norm theory | Person X cannot invoke violation of a rule if the rule did not intend to protect X |
| Testing of land-use plan | if obiding regulations and has principles of proper administration |
| Deviation of land-use plan | Municipal executive decides however municipal council must issue a declaration of no objection. |
| Project implementation decision | Just one governmental decision satisfies to allow the whole project. taken by municipal council and overrules need of permits and is deviation of land-use plan if necessary |
| Structure vision | Local plan, which contains main elements of the spatial policy to be pursued. also includes how to realise the plan is administrive self-binding |
| Principle of equal treatment | The government should treat even cases equally |
| Active land policy | - Municipal acquisition of undeveloped land
- Preparing the land for construction
- Sale to developers |
| Ground lease | Leasing land while holding full ownership. could be accompanied with obligation to build, maintain and upkeep |
| Reasons for municipality to ground lease | - Influence
- Making money
- Stimulating production of new buildings |
| Declaration of intent | Contract in which is laid down which conditions must be fulfilled before parties will enter into a further agreement |
| Partnership agreement contents | - Arrangements of a financial nature
- Settlement of costs
- The program
- Phasing and planning
- The partnership model
- A land purchase obligation
- Financial means and public law powers |
| Development rights model | Developer sells land to municipality which municipality prepares for construction and sells back along with development rights |
| Joint-venture model | Parties incorporate a legal entity so both parties share the risk, intended for large scale projects |
| types of public-private partnership | - Contractual
- Forming a legal entity |
| Land development company | Municipality incorporates a company together with other parties, in which it holds shares. legal entity. they can independently participate in legal matters while risks are still shared |
| Land-use plan agreement | Adapting land-use plan for developer based on an agreement |
| Development planning | Private parties involved in planning and feasibility will be enhanced by this governement receives commitment |
| The infrastructure planning act | Implementation of statuory limitation of the parties that have a right to oppose against infrastructure decisions before court |
| Research obligation | to prove the aspect is considered to not nullify the decision |
| Environmental impact assesment | Research on the impact of the project on the environment, broad focus |
| Strategic environmental assesment | potential environmental effects of their plans and programmes mandatory for certain sectors |
| Zoning | Specific spatial distance is laid down in the land-use plan, to separate vulnerable objectives from nuisance objectives |
| Specific research obligation fields | - Environmental noise
- Air quality
- External safety
- Soil assessment
- Water assessment
- Nature conservation
- Archaeological value assesment |
