Comparative Urban Land Use Planningcomparative Land Urban

Comparative Urban LandComparative Planning Use ‘This book draws on a remarkable range of empirical cases and urban plans from all over the world to present a series of sharply delineated lessons about best practice approaches to land-use control in cities. Essential reading for anyone concerned with how to make the cities of the twenty- first century work smoothly and effectively in the public interest.’ Allen J. Scott, Distinguished Research Professor, University of California, Los Angeles Comparative Urban Land Use Planning The land use planning systems of the world are remarkably similar. Yet real urban problems – crime, drug abuse, inequality, alienation – are not easily solved by a traditional strategic planning process. Planning regimes are therefore under constant pressure to adjust, but often with a lack of knowledge of how things might be done better. Even though each regime arises in a cultural milieu, international trends can be spotted and best practices discerned. This work is scholarly and emotional, revealing a great love of cities and expressing a call for the development of relevant, more grounded, land use planning. Leslie A. Stein is Adjunct Professor of Urban Planning at the University of Sydney, Sydney School of Architecture, Design and Planning. He was Best Practice recently Senior Fellow at the Global Center for Environmental Legal Studies at Pace University in New York and Visiting Scholar at the Sabin Center for Climate Change Law at Columbia University. He was Chief Counsel to the Sydney Metropolitan Strategy and his books include Principles of Planning Law. Professor Stein is also a certified psychoanalyst and a graduate of Stein the C.G. Jung Institute of New York. ISBN: 978-1-74332-467-7 9 781743 324677 Leslie A. Stein Comparative Urban Land Use Planning.indd 1 14/8/17 7:22 pm Comparative urban land use planning Best practice Leslie A. Stein First published by Sydney University Press © Leslie A. Stein 2017 © Sydney University Press 2017 Reproduction and communication for other purposes Except as permitted under the Act, no part of this edition may be reproduced, stored in a retrieval system, or communicated in any form or by any means without prior written permission. All requests for reproduction or communication should be made to Sydney University Press at the address below: Sydney University Press Fisher Library F03 The University of Sydney NSW 2006 AUSTRALIA Email: [email protected] sydney.edu.au/sup National Library of Australia Cataloguing-in-Publication Data Creator: Stein, Leslie A., author Title: Comparative urban land use planning : best practice / Leslie A. Stein. ISBN: 9781743324677 (paperback) 9781743324684 (ebook: epub) 9781743324691 (ebook: kindle) 9781743325582 (ebook: PDF) Notes: Includes bibliographical references and index. Subjects: Sociology, Urban. Urbanization--Social aspects. Land use--Planning--Social aspects City planning--Social aspects. Cover image: HOME, ink pen and marker on sketch paper, Celeste Stein (2016). Cover design by Miguel Yamin Contents List of figures v Preface ix Introduction xi 1 The planning process 1 1 Strategic planning 3 2 Planning scale 49 3 Community participation 91 2 Implementing the plan 121 4 The bases of regulatory controls 123 5 Zoning 137 6 Development control 163 3 Planning and climate change 203 7 Planning and greenhouse gas mitigation 205 8 Adaptation for climate change 227 Conclusion 245 Appendix 1 253 Appendix 2 257 Works cited 270 Index 295 iii List of figures Figure 1-1 Archimedean point of reference? A city is more than a set of buildings, roads, and open spaces. 4 Figure 1-2 An example of a rational comprehensive planning process, adapted from Malaysia’s Federal Department of Town and Country Planning. 8 Figure 1-3 46th Street and 8th Avenue, Manhattan. 12 Figure 1-4 Dong Koi Street in Ho Chi Minh City, Vietnam. 14 Figure 1-5 Traditional neighbourhood elements in Letchworth Garden City, Hertfordshire. 15 Figure 1-6 Material flows between the national and rest of world (ROW) economies and the environment. 18 Figure 1-7 Tverskaya Street, Moscow. 41 Figure 2-1 Kuala Lumpur Sentral, Malaysia. 56 Figure 2-2 Sprawl in Lisbon, Portugal. 72 Figure 2-3 Ribbon development in Flanders, Belgium. 76 Figure 2-4 New Urbanist development in Seaside, Florida. 77 Figure 2-5 Urban growth boundary in Helvitia, Oregon. 81 Figure 2-6 Integrated transport in Charlotte, North Carolina. 84 Figure 4-1 Telegraph Avenue in Berkeley, California. 131 Figure 5-1 Industrial zones separated from residential areas. 138 Figure 5-2 The Meadowhall Regional Shopping Centre in Sheffield. 143 Figure 5-3 The Shinjuku renaissance district, Tokyo. 148 Figure 6-1 Affordable housing in Edinburgh. 193 Figure 6-2 Diagram adapted from the Smart Code of Lauderhill, Florida. 197 Figure 7-1 Toyoma prefecture compact city, Japan. 214 v Comparative urban land use planning Figure 7-2 Transport-oriented design (TOD) in Emerson Park East, St Louis, Illinois. 218 vi To the memory of Professor Patrick McAuslan Preface This work began in 2012 as a series of reports I prepared on international best practice in planning law for the Department of Planning in New South Wales, Australia. At that time, I had direct knowledge of the planning regimes of Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Canada, Croatia, France, Germany, Hong Kong, India, Ire- land, Israel, Italy, the Netherlands, New Zealand, Pakistan, Russia, Singapore, Sri Lanka, Thailand, Ukraine, the United Arab Emirates, the United Kingdom, and the United States of America. The knowledge was gained over decades from on-the-ground experience of these systems through research for the United Nations, as a practising lawyer offering advice on these systems, and as an academic studying their operation. The New South Wales reports were my first attempt to compare the systems I already understood to ex- plore their similarities and differences. Thereafter, in preparation for this work, I expanded the comparisons by visits, discussions with officials, and studying city plans and policies in relation to Denmark, Finland, Indonesia, Japan, Kenya, Malaysia, the Marshall Islands, Mexico, Nigeria, Norway, the Philippines, Poland, South Africa, South Korea, Spain, Swe- den, Switzerland, Turkey, and Vietnam. That accounts for only 45 countries out of a possible 193. To understand the systems of more countries, in particular China and Cuba, I turned to the library of Columbia University, where I was a visiting scholar at the Sabin Center for Climate Change Law, to undertake research into the planning regimes to the extent that they were explained in contemporary studies and papers. The task was time consuming but not overwhelming because the systems have com- mon characteristics. To ‘plan’ is to attempt to improve the urban environment and there are only so many methods that can be used. As an analogy, if one looks ahead in a personal plan, there is an assessment of resources, goals, and some method to implement that vi- sion. That sequence applies equally to planning in all its forms. What has most surprised me in preparing this work is how most plans begin full of hope and promise for a brighter future but then have little to do with the urban ills that face communities. In many instances, I studied a planning system in detail before travel- ling to a country, but when I arrived I searched in vain for how the plan had any impact on the problems faced by a city. This was especially the case in developing countries where the neoliberal, economic imperative to create wealth contrasted sharply with insecure land tenure, urban chaos, and environmental degradation. In countries with massive popula- ix Comparative urban land use planning tions and poor infrastructure, the problems of traffic, crowding, depersonalisation, slums, pollution, crime, and unemployment seem beyond the capacity of any plan. In most developed countries as well, there appears to be little connection between planning as seen in laws and maps and what is revealed on the ground. Studying the Istan- bul transportation master plan, one would think that traffic was under control, but a short ride in a taxi demonstrates immediately why Istanbul has the worst traffic conditions in the world. The disconnect between the lofty goals of a plan and the human condition is striking. South Korea has an exemplary national planning system with carefully revealed five-year plans for a ‘happy’ city, yet has the highest suicide rate in the world. Occasionally in the literature, planning gives up and questions its own usefulness and legitimacy in the face of insoluble problems. Yet all countries continue to plan. The theme of this book is that best practices exist to assist planning to at least deliver a sense of community satisfaction with the process as well as increasing its efficacy. I would first like to thank Evan Jones, one of Australia’s leading planners, for his help in formulating the first chapter on strategic planning. The work of Professor Bart van Klink at Vrije Universiteit Amsterdam and our discussions on symbolic legislation provided a crucial framework to organise disparate material. Sam Haddad, then director of the New South Wales Department of Planning, kindly granted me permission to use any and all of the consulting reports I prepared for the department in this work. Copyright to the last chapter, which represents a revised version of work I completed for a book of essays on Land solutions to climate displacement, was re- served. This book is dedicated to the memory of Professor Patrick McAuslan, who was the first to explain planning and planning laws as a clash of ideologies, thus freeing others to open their minds to the dynamics of cities. He was a friend and mentor and his brilliance, humour, and humility made land use planning come alive for me and countless colleagues.

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