values for urbanism
DESCRIPTION
This is a reshuffle of a former lecture on ‘social justice’ and ‘property’. This lecture is about fundamental values in urbanism, and it includes notions about social justice, democracy, redistribution, equality, life-chances connected to space, governance, public goods, etc. These notions are presented within the framework of urban planning and design.TRANSCRIPT
VALUES FOR URBANISMPrepared by Roberto Rocco
Chair Spatial Planning and Strategy, TU Delft
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SIR PETER HALL SAID:
It is easiest to send a man to the moon than to plan
and design a city
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URBAN PLANNERS AND DESIGNERS ARE NO LONGER THE ALL POWERFUL FIGURES THEY ONCE THOUGHT THEY WERE. WE HAVE MOVED AWAY FROM IDEAS LIKE THE IDEAL CITY
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15 HOUSING PROJECTS FROM HELL: PRUITT IGOE (1954), ST. LOUIS, U.S.
For all its pretense at modernism, the fact that the Pruitt Igoe was built in two complexes, one for white people and one for black, speaks volumes of its primitive ideology.
When the Pruitt Igoe was demolished, Charles Jencks declared it as the death of modernism. The demolition sequence itself features in the movie, Koyaanisqatsi. Source: http://
www.oobject.com/15-housing-projects-from-hell/
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LE CORBUSIER’S PLAN VOISIN FOR PARIS (LE MARAIS) (1925).
Source: http://www.oobject.com/15-housing-projects-from-hell/
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THE MAIN TASK FOR URBAN PLANNERS AND DESIGNERS IS TO ACT AS ARTICULATORS OF SPATIAL VISIONS AND SOLUTIONS FOR A SUSTAINABLE AND FAIR FUTURE
Foster + Partners, Duisburg City Masterplan, Duisburg, Germany, 2007. The new masterplan for the inner city of Duisburg builds on the success of Foster + Partners’ Inner
Harbour redevelopment and will strengthen Duisburg’s transformation into a vibrant, green and sustainable city. Available at: http://www.fosterandpartners.com/Projects/
1443/Default.aspx
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THEY DO THAT BY UNDERSTANDING HUMAN ACTIVITY ON SPACE AND BY PROPOSING INTERVENTIONS THAT
MIGHT IMPROVE EXISTING CONDITIONS
James Bell: Visualising Social Space, All rights reserved by jamvlog. Available at Flickr
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THE MAIN GOAL IS TO CREATE CONDITIONS FOR THE FULL REALISATION OF HUMAN POTENTIALS, THROUGH HEALTHY,
SUSTAINABLE AND FAIR ENVIRONMENTS
All rights reserved by Lazar Slavkovic. Available at Flickr
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PLANNERS AND DESIGNERS DO NOT “MAKE” CITIES. THEY ARE ONE OF THE AGENTS THAT ACT IN ORDER TO
STEER THE CITY
Some rights reserved by tigger89. Available at Flickr
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PLANNERS AND DESIGNERS ARE
INSERTED IN COMPLEX SYSTEMS OF
GOVERNANCE
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WHAT’S GOVERNANCE AGAIN?
Private Sector
Civil Society
Public Sector
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WHAT’S GOVERNANCE AGAIN?
Private Sector
Civil Society
Public Sector
Civil
Civil
Civil
Public
Public Sector
Coalitions between
sectors and within
sectors
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SYSTEMS OF GOVERNANCE
The Economist Intelligence Unit's Democracy Index as published in December 2010. The palest blue countries get a score above 9 out of 10 (with Norway being the most democratic country at 9.80), while the black countries score below 3 (with North Korea being the least democratic at 1.08). Source: Economist Intelligent Unit, 2011. Available at http://www.eiu.com/public/
A map of the world, highlighted on a scale from light blue to black, based on the score each country received according to The Economist's Democracy Index survey for 2010, from a scale of 10 to 0, with 10 being the most democratic, and 0 being the least democratic. Hong Kong (score 5.85) and Palestine (score 5.44) were also included in the survey but are not visible on this map.
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ELECTORAL DEMOCRACIES
Countries highlighted in blue are designated "electoral democracies" in Freedom House's 2010 survey Freedom in the World. Available at http://www.freedomhouse.org/uploads/fiw10/FIW_2010_Tables_and_Graphs.pdf
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DEMOCRACY ON THE RISE
This graph shows Freedom House's evaluation of the number of nations in the different categories given above for the period for which there are surveys, 1972–2005. Souce: Freedomhouse.org
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NEW PARTICIPATORY TOOLS?
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“THE ARAB SPRING”
Available at: http://thepersonalnavigator.blogspot.com/2011/06/arab-spring-and-what-came-before.html
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“OCCUPY WALL STREET”
http://www.infowars.com/obama-machine-prepares-to-hijack-occupy-wall-street/
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THE ROLE OF SOCIAL NETWORKING
Facebook played an extremely important role in the uprisings throughout the Middle East. Source: theatlanticwire.com
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UNEQUAL ACCESS PERSISTS (BUT WE ARE GETTING THERE)
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TIME FOR INCREASED PARTICIPATION IN CITY MAKING?
Do you know examples of participatory planning in your country or elsewhere? How do they do it?This lecture is not about participatory planning, but we will discuss it elsewhere!!!
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TOOLS FOR A MEANS
Increase public goods
Solve conflicts
Balance the powers in governance processes
Achieve SOCIAL JUSTICE
Planning is one of the main tools to strengthen democracy,
in order to:
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JUSTICE24Wednesday, 7December, 2011
BUT WHAT IS SOCIAL JUSTICE?
It is all about creating tools for the achievement of the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being.Source: http://www.buildingequality.leprosyblog.ca/2011/01/world-day-of-social-justice.html
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SOCIAL JUSTICE
Social Justice stems from the democratic principle that all are born equal and deserve EQUAL ACCESS TO OPPORTUNITY
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SOCIAL JUSTICE KEY CONCEPTS
Human rights
Equality
Greater degree of economic egalitarianism through progressive taxation, income redistribution, and other democratic tools of redistribution.
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AIMS OF SOCIAL JUSTICE
1.more equality of opportunity than may currently exist in some societies
2.equality of outcome in democratic societies
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WHAT IS JUSTICE IN URBAN DEVELOPMENT?
If the inhabitants of the POLIS are the true CITIZENS, how do we distribute the benefits of the POLIS equally? How do we make the spatial benefits of the Polis accessible to all citizens?
“To take no part in the running of the community's affairs is to be either a beast or a god!”
AristotleHansen, Mogens Herman. Polis: An Introduction to the Ancient Greek City-State. Oxford: Oxford University Press, 2006
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WHERE DOES JUSTICE COME FROM?
Ethics (moral philosophy)
Rationality
Law
Natural law
Religion
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OPPORTUNITY AND SPACE
Because opportunity (AKA ‘life chances’) is specifically bound to space (location, accessibility, mobility) and
Because ‘who owns what’/ ‘who finances what’ is a big part of urban development, we need to democratically deal with redistribution of resources and spatial advantages in creative ways.
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PROPERTY
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A4 near Delft
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TRADITIONAL NOTIONS OF PROPERTY INCLUDE:
Control and use of the property
The right to obtain benefits from the property (to derive profit from it)
The right to transfer or sell the property
The right to exclude others from the use or the premisses of the property
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SOME LIMITATIONS TO PROPERTY
Uses that unreasonable interfere with the property rights of others
Uses that unreasonably interfere with public property rights, including externalities that jeopardise the property of others and reduce PUBLIC GOODS in an unreasonable way (health, safety, peace, convenience)
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DO YOU...
Know examples of properties that effectively reduce public goods?
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THE CLASSIC EXAMPLEDrax Power Station near Selby, Yorkshire. Photograph: John Giles/PA
Source: http://www.guardian.co.uk/environment/2011/feb/09/pollutionwatch-uk-spared
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CAN YOU THINK OF REASONS WHY THIS AIRPORT IS STILL THERE?
Source: http://acertodecontas.blog.br/atualidades/congonhas-sobrevive-porque-as-pessoas-querem/
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SCHIPHOL NOISE MAP
http://www.geluidnieuws.nl/2005/sep2005/schiphol.html
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PRIVATE PROPERTYDirectly affects the production of PUBLIC GOODS
Is directly affected by PUBLIC GOODS
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My
plot!
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DinoVabecNYC to LA
My
plot!
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EXAGGERATED? ME?
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CHELSEA, PIMLICO, BELGRAVIA
THE GROSVENORESTATE IN LONDON
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www.grosvenorlondon.com
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PUBLIC GOODS
Public goods are not only created by government action. Public goods are created by the action of all the actors present in a governance system.
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HOWEVERThe State is the MAIN ARTICULATOR and WARRANTOR of Public Goods (remember the function of the State as protector of property? It can limit it too and direct uses for societal gains).
Public goods are maximised thanks to co-ordinated collective action (in other words: PLANNING)
Therefore, the State could act as a re-distributor of GAINS to SOCIETY through democratic mechanisms of transfer and equalisation.
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PUTTING PROPERTY IN CONTEXT
In some cases this can mean limiting, delimitating or circumscribing property rights. Or putting property rights and profit in CONTEXT.
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TOOLS49Wednesday, 7December, 2011
THE CLASSIC EXAMPLE: ZONING
http://www.stadtentwicklung.berlin.de/planen/fnp/en/historie/index.shtml
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ROSCOMMON COUNTY, REP. OF IRELAND
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SAO PAULO
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SAO PAULOBORDER OF THE HAGUE
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BORDER OF THE HAGUE
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EXPROPRIATION (ONTEIGENING)
Eminent domain (United States),
Compulsory purchase (United Kingdom, New Zealand, Ireland),
Resumption/compulsory acquisition (Australia),
Expropriation (South Africa and Canada)
An action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent.
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PUBLIC UTILITY De Jure Belli et Pacis, Hugo Grotius in 1625
"... The property of subjects is under the eminent domain of the state, so that the state or he who acts for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But it is to be added that when this is done the state is bound to make good the loss to those who lose their property."
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EXAMPLE OF PUBLIC UTILITY: SELECTIVE FLOODING STRATEGIES (NL)
Source: de Volkskrant, 2004
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TRANSFER OF DEVELOPMENT RIGHTS
Some physical rights include the rights to build, exploit natural resources, restrict access and farm. Other legally enforceable rights include the right to sell the land, subdivide it, rent it out or grant easements across it. These rights can be suspended or limited.
Source: http://government.cce.cornell.edu/doc/html/Transfer%20of%20Development%20Rights%20Programs.htm#Definition
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TRANSFER OF DEVELOPMENT RIGHTS
TDR programs allow landowners to sever the building (aka development) rights from a particular piece of property and sell them.
Purchasers are usually other landowners who want to increase the density of their developments.
Local governments may also buy development rights in order to control price, design details or restrict growth.
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TDR
Source: http://government.cce.cornell.edu/doc/html/Transfer%20of%20Development%20Rights
%20Programs.htm#Definition
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TDR
You can build public policies based on TDRs!
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ADDITIONAL BUILDING RIGHTS
The separation between the right to own and the right to build that is implicit in tolls like zoning, give us the opportunity to build on tools like TDRs and additional building rights.
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ADDITIONAL DEVELOPMENT RIGHTS
ADRs are useful in combination with other legislation (like ZONING) and specially in LARGE URBAN PROJECTS, where local governments have big stakes and where public money is used to improve infrastructure and public goods massively and where massive land valuation is expected as a result of the intervention.
Investors in areas touched by LUPs must conform to existing ZONING regulations, which most of the times determine how much they can build in relation to the size of the plot they own (floor area index). For an example, look at http://www.cityofjerseycity.com/hedc.aspx?id=6876
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ADDITIONAL BUILDING RIGHTS
But if investors are willing to build BEYOND the existing zoning limitations, within the capacity to be created by large public works, they can buy a TITLE negotiable in the stock market or sealable as pubic titles.
Each title will give the investor the ability to build X sq meters beyond existing regulations (within limits imposed by the planning authority). Because these titles are negotiable, their value depends on how much the market is willing to pay for them for a specific LUP at a specific time.
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INCENTIVES FOR BUILDING RENEWAL
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FURTHER REFERENCES
KELLNER , D.Perspectives on Habermas, 2000, J. , the Public Sphere, and Democracy: A Critical Intervention, available at http://gseis.ucla.edu/faculty/kellner/papers/habermas.htm
LANGLOIS, J. 2009. Normative and Theoretical Foundations of Human Rights. In: GOODHART, M. (ed.) Human Rights: Politics and Practice. Oxforf: OUP.
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THANKS FOR WATCHING & LISTENING!Should you have any doubts, please contact [email protected]
And visit our BLOGwww.spatialplanningtudelft.eu
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