The Rise and Fall of International Planning Systems

The dilemma of flexibility and certainty

By: Khalafalla Omer M.Sc. Global Urban Development & Planning, University of Manchester, UK
Architect and Urban Planner MBA in Project Management, University of Science and Technology, Sudan
Email: khalaf_81@hotmail.com B.Sc. in Architecture and Spatial Planning, University of Science and Technology, Sudan
Table of Contents

Introduction .................................................................................................................................................. 2
Goals of planning systems ........................................................................................................................ 2
The forms and process of planning systems ............................................................................................ 2

Section 1 The impact of certainty in regulatory planning system .......................................................... 3

The advantage of certainty in regulatory planning system ..................................................................... 3
The disadvantage of certainty in regulatory planning system ................................................................. 4

Section 2 The impact of flexibility in discretionary planning system ..................................................... 5

The advantage of flexibility in discretionary planning system ................................................................. 5
The advantage of flexibility in discretionary planning system ................................................................. 6

Section 3 - Minimizing and maximize of flexibility and certainty in regulatory and hybrid planning
systems ........................................................................................................................................................ 7
Minimizing and maximize of flexibility in French planning system .......................................................... 7
The impact of Hybrid planning system of Hong Kong .............................................................................. 8

Conclusion .................................................................................................................................................... 8
Reference List ............................................................................................................................................ 10

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Introduction: -

The way in which planning is shaping our public life had been always influenced by different
planning systems. Its believed that the planning systems have significant impact on how urban
actors are legislate, processing and implement their plans. However, there are many debates
around the impacts of different planning systems as they are very in term of design principles.
The main approaches of planning system are the discretionary, regularity and hybrid planning
systems. The most fundamental issue that shape the features of the each system is the degree of
certainty/flexibility embedded in the system, as consequence, each system can have a degree of
regulatory or/and a discretionary power. In this essay, I will critically discuss the strengths and
weaknesses emerged as consequence of the degree of flexibility/certainty within different
planning system from different countries, mainly, UAE, UK, French and Hong Kong.

In general, the ultimate goal of planning systems is vary, as it implicates many social,
environmental, political and economic objectives, from managing economic growth, to control
population density, and from identify territories borders to facilitate public services for the well-
being of community sectors. As well, purpose and process of planning systems is differing
according to the type of planning. While the regularity planning aim is to manage land use
through a collection of rules and legislations to deliver systematic pre-designed land use
zonings, outlined by a broad master plan, the discretionary planning system purpose is about a
coordination of frame works where proactive organizations deliver spatial planning proposals
through a structural strategic, national and local guide lines. On the other hand the hybrid
planning system is about a simple administration system alongside with simple regulatory
zoning includes white zones to allow more a room for discretionary within the regulatory
master plan.

The forms and methods which shaped the process of planning system have different shapes. In
regulatory planning system which adopted in many countries such as U.S. and France, the form
of planning reflected a rational comprehensive policy to manage and controls the land use in
specific designated area and sites for the sake of development and protection. The policy
statement in such system is processed through mapping the land use, maps in regulatory
planning system is pre-agreed by different urban actors and officials, and checked SEA/SA.
While the discretionary planning system is formed through strategic national and local
developments goals in order to identify critical spatial development issues assist by SEA/SA, this
form is obviously adopted in UK. The hybrid planning system, which implemented in many
countries such as Hong Kong and Singapore in that sense is a combination of the two above
mentioned forms; mapping the land use through master plan making alongside with broad
discretionary system.

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Section 1 The impact of certainty in regulatory planning system: -

One of the main characters that shape a particular planning system is the degree of
certainty/flexibility embedded within the frame works and regulations. While the regulatory
planning system is maximizing certainty and the start of planning process through a high level
of designation zoned areas regulated by comprehensive rules and legislations, the discretionary
planning system is about to maximize the flexibility through a wide range of national and local
development frame work coordination. In fact, Maximizing certainty has many advantages and
disadvantages, as well, maximize flexibility positive outcomes alongside with negative outcomes.

There are many advantages behind the certainty embedded within the regulatory planning
system. First, it leads to the unity of state, through pre-identified regulations and land use
management outlined by a zoning master plan. For example, the urban planning council in Abu
Dhabi, UAE has recently produced Abu Dhabi 2030 which aims to create a stronger sense of
community and identity across the city (Abu Dhabi Urban Planning Council, 2011), the urban
planning council in that sense developed a pre-identified zoning regulation, to meet this
challenge, the UPC has developed a political vision that focuses on cutting-edge urban design,
protecting cultural assets, fostering Arab/Muslim-based communities and engendering
interaction between citizens and their built environment. (Abu Dhabi Urban Planning Council,
2011).

Second, the certainty of regulation in regulatory planning system has the potential to protect
natural resources and enhance the renewable energy. Actually, the nature of zoning in
regulatory planning system of US. is evolved as tool to protect the green belt by preventing the
urban sprawl through zoning planning approach and master-plan, this has been developed later
to enhance the renewable energy which obviously noted in Article 2 Section 2.2 A (5) of
Greensburg, Kansas Land Use Policy where the city government stablished Sustainable Zoning
Ordinance (SZO) adopted by sustainable land development code, one of good regulation reflect
this approach is the enact of Article 4 of the SZO promotes the use of solar energy systems to
reduce the on-site consumption of natural gas and/or utility power (Mulryan E, 2015).

Third, the control of density is always regarded to the appropriate statuary of land use planning,
as by controlling the use of land in term of identify the building heights, spaces and no of users
through a well identify zoning, the local governments would be able to control density and solve
congestion problems.

Finally, many local governments introduced a form zoning approach, in which detailed
regulation is written to shape a well beautification approach through building features codes,

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which create the style of faade and architecture. This type of certainty regulations certainty is
introduced in Miami 21 district in US. Regulations controlling the configuration, features, and
functions of buildings that define an interaction between the public and private realm.
Illustrations of technical aspects. (Miami 21, 2015).

On the other hand, there is still many weakness resulted from the certainty of regulatory
planning system. To start with the fact that land use planning is represent status-quo, as the
pre-identified regulations obligated by local government is too restricted to be able to respond
to future changes, because the regulation of land use planning system is usually based on
quantitative analysis of the current situation of the city, and as well, maximizing the certainty at
the beginning reduces the opportunity to interact with any challenges that may arise in the
future. As well, many developers and planning consultants argue that the status que may stands
against the rising economic development. For instant, Barney Stringer, Director at Quod which is
considered one of the leading planning consultancies around the world said Perhaps the
biggest pitfall for the planning system is what behavioral science calls status-quo bias. We
overvalue how things are now, and assume change will make things worse. Nowhere is this
more evident than with industrial land, where we fight to protect the land-use patterns of an
economic age that is now long-gone. (Stringer B, 2015).

Second, the most urban problematic issues such as congesting, pollutions, and lack of public
service and social cohesion exist within the existence built areas. What noticed here is that many
of these areas are developed by the same rule of land use planning system, and this is the
reason behind that urban solutions cant be addressed through regulation and statuary powers,
as innovations usually comes up to regulate new ideas.

Finally, the zoning system tend to separate the business/commercial zones from residential
zones, this approach led to many difficulties for local communities to reach their work, creating
long distance between living areas and work areas, and create fragmented socio-economic
linkages. Jane Jacobs criticize this approach in her book The Death and Life of Great American
which has been described by Jay Wickersham, The same forces that make a city a good place to
do business also make it a good place to live (Wickersham J, 2001).

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Section 2 The impact of flexibility in discretionary planning system: -

Shifting to examine the flexibility embedded within the discretionary planning system, one can
obviously notice that the flexibility of discretionary planning system has many strength and
weakness points. Taking into consideration, that discretionary planning system brought more
elastic framework to address the urban challenges through wide coordination of objectives and
aims. But still there are many critics upon the flexibility of discretionary planning.

Advantages of the flexibility of planning system is vary, as its responsive to future changes, open
more the participation process for locals and it sets-out a wide coordination frameworks among
national, reginal and local sectors.

To start with fact that flexible discretionary planning is more responsive to change, the urban
development issues cant be anticipated if the issues is not yet emerged. Dealing with future
challenges dictates a degree flexibility and negotiable approach among different urban actors to
come up with development approach that can address the challenges as it observed. In UK, the
central government authorizes the local government to identify their needs through local
development frameworks, in which local government draw their local needs and stimulate the
developers to make use of the formworks to bring a better development plan approach.
Although flexibility and responsiveness provide direction for local authorities to meet local
needs and enable developers to stimulate the local economy (Tewdwr-jones, 2016).

Moreover, the participatory approach embedded within discretionary planning system create a
good platform for public to be engaged in different planning stages, as per Environmental
Quality Act 1974 section 34A the local communities sectors have the right to be a part of
planning process, such as the preparation of development plan, the approval permissions of
plans and the assessment of environmental impact. For example, Teignbridge Local Plan which
initiated by Teignbridge District Council, -one of local government council in Devo, England-
introduced their efforts in engaging the public to draw in their interests and needs, We have
used local evidence, community involvement, professional judgement and liaison with
businesses and development interests to prepare a balanced approach to change (Teignbridge
District Council, 2012).

Finally, discretionary planning system in UK considered as wide of policies, strategies and

frameworks that outline the UK planning system in national, reginal and local boundaries, all
combined together in hierarchy structure. While national policy statements draw in a wide
statement for land use, the reginal spatial strategy ensure broad regional economic strategy for
1-20 year ahead, and at the bottom of hierarchy there is local development framework that

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brought up local development plan and sustainable community strategy. This system create an
abroad plan that is elastic way to deliver a platform for developers to make up plan that fit the
local, reginal and national goals at the same time.

Anyhow, that not to say that there is no weakness behind the flexibility of discretionary planning
system; actually, discretionary planning system leads to uncertainty, which can affect the
planning environment in negative ways.

First, the links between planning frameworks and actual development plans brought by
developers are weak, this as well create a room for manipulating and maneuvering between the
local government planning committee and developers, which is the main reason of corrupt
actions that may arise due to the uncertainty of discretionary planning system. For instant, The
recent case in East Devon, albeit the result of a sting operation, suggests that some councillors
are willing to influence planning decisions so as to favour a particular developer or indeed
their own company in return for monetary payment. (Transparency International UK, 2013).
This case shows the possibility of breaking the law as a consequence of the vague of
discretionary planning system.

Furthermore, the developers tend to be doubt and confused when dealing with such system, as
there is no grantee for them to get permission. Although there is an appeal system in planning
application process within the discretionary planning system, but there still no measurable
regulations for developers to ensure that they will get a planning permission. So, there are
many multinational development companies doing their business in countries with detailed
regulation which they can rely on to grantee a permission of their works.

At last, because of lack of details regulation in discretionary planning system, it will take a long
time to proceed and asses the planning application. In fact, the local authorities in UK are not
giving specific timeline to response to planning application. Although the application process
may takes eight weeks to finalize, it may takes up to thirteen weeks in large and complex cases.
In fact, thirteen weeks is equal to three months, in the high standard prefabricated construction
sectors many buildings are constructed within few months. For many developers the longtime of
planning application process seem to be a waste of time that deducted from finalizing their
development plan on ground.

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Section 3 Minimizing and maximize of flexibility and certainty in regulatory and hybrid
planning systems: -

At the end, we should not avoid the attempts to come up with better approaches for regulatory
planning system and discretionary planning system as well. There are many weaknesses arise
from both; the flexibility embedded within discretionary planning system and from the certainty
of regulatory planning system as well. However, there are good examples of regulatory planning
system of French in attempts to minimize the degree of certainty, as well there are many tactical
frameworks of UK discretionary system emerged to reduce the degree of flexibility.

To start with the regularity planning system in French, there are many points within the French
planning system that emphasis the flexibility to allow more discretionary power within the
planning system. First, the land is coded according to three categories, Prefix U reflects the
developed land, Prefix N reflects the underdeveloped land and Prefix NA is allocated for lands
lacking infrastructure. In fact Prefix NA category is offered after discussing suggested plans
developed by developers, allowing more flexibility to deal with urban challenges. These
approaches are welcomed by many mayors in French cities so as to be able to stimulate
development innovations of developers.

Moreover, there are zones which identified as (ZAC) a French abbreviation terminology- in
where land is not developed based on permission action, rather than it developed based on
particular regulations, which allow more variations from the fundamental regulatory system, this
approach stimulate the degree of flexibility by reducing the certainty of French regulatory
planning system.

Third, the wording of regulatory system create a room for open choices, as one can noticed that
in many regulation sentence, the word (May) is written instead of the word (Must), this way of
wording stimulate more options for developer in dealing with regulations. On the other hand,
UK discretionary system tends to motivate local authorities in order to engage in plan making
for the favor of reducing the uncertainty of broad national planning framework, as many of local
authorities were not in fact a part of local planning process. In that sense, the district councils
were empowered to come up with detailed plan, this action is took place between 1968-1991.
As a consequence, only 20% of UK districts areas produced local development plans. Then, UK
legislation authority formed the Planning and Compensation Act 1991, which obligate all the
districts to come up with detailed local plans. Actually, local plans of each districts councils.

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Many countries, such as Hong Kong, Singapore, Australia introduced a Hybrid planning system.
This is a kind of planning system that mixing regulatory and discretionary planning system.
Although Hong Kong was a colony state, but it planning system differs from the UK System, as
the government is the landlord of all lands, these lands is released based on orderly leased
system along with construction methodology system for the sake of getting national and local
revenue by investing on land leases. On another hand, the government introduced an Outlined
Zoning Plan (OZP) in-order to control the development in the existing built area and to
stimulate developers to engage with developments. Later, the uses of lands in Development
Permission Area (DPA) was been issued based on approval mechanism, allowing more flexibility
to the system to deal with development. However, there are still many challenges arose from
such hybrid planning system. In fact, there are still tensions between relay on lease agreement
system that tend to maximize certainty through pre identifying of land uses, and relying on the
flexible approach in which land uses is subject to approval. Another point to be taken, although
the lease agreement methodology embedded within the OZP is creating certainty, but in fact, it
cannot be an objective oriented approach and a mislead approach. As well, there is another kind
of tension that emerged as a consequence of land lease financial system of development, as the
system is financially led, there will be always a tendency to lose public good and common public
interests. Anyhow, there still many recommendations to reduce the weakness arise from such
hybrid planning system. The only way forward which would be equitable and ensure the
accountability of the planning system in Hong Kong will be to separate present use of land from
considerations of development potential. Then the issuing of leases and the granting of
planning permission would be identifiably separate activities with demonstratively different
means of accountability. (Booth P, 1995).

Conclusion: -
In conclusion, there is no ultimate strength or weakness for a particular planning system. The
degree of flexibility and certainty embedded in each planning system has negative and positive
impacts as well, which are depending in different circumstances. Based on the essay examples,
we can assumed that the certainty embedded in the regulatory system can positively unify the
state, protect natural resource and control density, In contrast, certainty of regulatory system is
not responsive to future changes as regulations are not ultimate solution for urban issues, as
well separation of districts based on the type of use can create uncoherent areas.

On the other hand, the flexibility of discretionary planning system has it weakness and strength
points. On one hand it highly responsive to future change, allowing community engagement
and introduce a wide coherent coordination of national, regional and local framework. But at the

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same time, it weakness the linkage between framework plans and development applications,
creat feel of confusion for developers in getting permissions and arise difficulties and time
wasting of assessing the development application.

Anyhow, in many regulatory planning systems, such as French regulatory planning systems,
there are tendencies to avoid the weakness raised from it system by minimizing the certainty
and maximizing the flexibly for the sake of delivering better planning system. However, there
are still many tensions in dealing with hybrid planning system in Hon Kong.

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Reference List:-

- Abu Dhabi Urban Planning Council (2011) Urban Structure Framework Plan. Available at:
http://www.upc.gov.ae/template/upc/pdf/Capital-2030-en.pdf (Accessed: 4 December
2016). Abu Dhabi: UPC.

- Mulryan, E. (2015). Strengths and Weaknesses of Sustainable Land Use Policy in

Greensburg, Kansas, Public IN Review, 6 December [Online]. Available at:
https://journals.iupui.edu/index.php/spea/article/view/18523/18542 (Accessed: 4
December 2016).

- The City of Miami (2011) Types of Zoning Codes. Available at:

http://www.miami21.org/pdfs/miami21_typesofzoningcodes.pdf (Accessed: 5 December
2016). Florida State: Miami21.

- Stringer, B. (2015). Industrial land - breaking the status quo, The British Property
Federation, 3 October [Online]. Available at: http://www.bpf.org.uk/media/blog-
posts/industrial-land-breaking-status-quo (Accessed: 6 December 2016).

- Wickersham, J. (2001). Jane Jacob's Critique of Zoning: From Euclid to Portland and
Beyond, Digital Commons @ Boston College Law School, 1 January [Online]. Available
at: http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1199&context=ealr
(Accessed: 7 December 2016).

- Tewdwr-jones, M. (2016). Discretion, Flexibility, and Certainty in British Planning:

Emerging ideological conflicts and inherent political tensions, Journal of Planning
Education and Research, 24 November [Online]. Available at:
http://jpe.sagepub.com/content/18/3/244.full.pdf (Accessed: 8 December 2016).

- Teignbridge District Council (2012) Teignbridge Local Plan. Available at:

http://www.teignbridge.gov.uk/CHttpHandler.ashx?id=35883 (Accessed: 8 December
2016). Teignbridge, South Devon.

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- Transparency International UK (2013) Corruption in UK Local Government: The Mounting
Risks. Available at: http://www.transparency.org.uk/publications/corruption-in-uk-local-
government-the-mounting-risks/ (Accessed: 9 December 2016). 2013 Transparency
International UK.

- Booth, P. (1995). Zoning or Discretionary Action: Certainty and Responsiveness in

Implementing Planning Policy, Journal of Planning Education and Research, 24
November [Online]. Available at: http://jpe.sagepub.com/content/14/2/103.full.pdf+html
(Accessed: 8 December 2016).

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