Land oversupply. How rigid land-use planning and legal certainty hinder new policy for Flanders

Land-use planning can be seen as a way of controlling future development. As strategic planning defines new ambitions and rapidly changing circumstances call for implementation, more adaptable land-use planning is needed. In this paper different dimensions and characteristics of adaptable versus rigid planning are presented in a theoretical model. In this model, two dimensions of legal certainty are added to the state-of-the-art literature. Adaptability is not only defined by the material and procedural dimensions of land-use plans, also the legal and time dimensions are highly determinant. In a case study, the rigid planning system of the Flemish region is investigated by its determining characteristics. Based on empirical evidence from historical research, our paper shows how successive political decisions increased legal certainty for landowners leaving a small margin for policy change. Different dimensions and characteristics that could unlock the paralyzed system are assessed. In particular, the paramount importance of the time dimension in binding land-use plans and compensation schemes is highlighted. This case study demonstrates the need of embedding systematic review procedures and expiry dates in the planning system. Our findings are especially relevant for all planning systems that tend towards high legal certainty and protection of property rights.