Case Conference February 8-9 2007 in The Hague
In the municipality of Polderadeel a new highway is under construction. An exit gives access to the only town in the municipality. The municipal authorities have developed plans for an extension on three sites. Next to the highway an industrial area is foreseen, especially for businesses which are to a great extent logistically dependent on road transport. The province has a clear view as to what is permitted on an industrial area like this and what not. The existing residential area is going to be extended. Ownership of the area is divided among different players on the market. A regional park with ponds is going to be realized. Different municipalities including the municipality of Polderadeel will benefit from this park. The municipality has made deals with the province and the adjacent municipalities on the division of the costs of these provisions. The municipality of Polderadeel wishes a contribution of the developers who realize the housing on the new location in the costs of the park and the highway connection, the municipality of Polderadeel being partly responsible to the national government for the payment of these costs. Furthermore the municipality wants an efficient management of the new residential area. Finally in another part of the municipality there are plans for the construction of several wind turbines. The municipality and the national government do not agree on the location and the number of those turbines.
You are supposed to answer the following questions (in total max. 5 pages):
- What kind of regulation does apply in your country in a case like this?
- Do supra local authorities have the regulatory power regarding the location and realization of provisions like highways, industrial areas and wind turbine parks?
- Do public authorities have the power to force developers, who own the land, to contribute in the cost of public amenities? What are the limits in this respect?
- In which way municipalities have the power to regulate the management of built residential areas?
Click on each country below to see its responses to the above questions: