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Article
Publication date: 9 October 2017

Inês Calor and Rachelle Alterman

This paper aims to present a comparative analysis of noncompliance with planning laws in advanced-economy countries. Most research to date has focused on the widespread phenomenon…

592

Abstract

Purpose

This paper aims to present a comparative analysis of noncompliance with planning laws in advanced-economy countries. Most research to date has focused on the widespread phenomenon of “informal” construction in developing countries. However, advanced-economy countries also encounter illegal development, though at different scales and attributes. Because planning law is at the foundation of land-use and urban policies, it is time that the “orphan” issue of noncompliance be adopted by more researchers to enable cross-national learning. The two OECD countries selected for in-depth analysis – Portugal and Israel – probably fall mid-way in the extent of noncompliance compared with the range among advanced-economy countries. Like most OECD countries, the selected countries have generally viable planning-law systems. Their experiences can thus offer lessons for many more countries. Recognizing the limitations of enforcement mechanisms as prevention, the paper focuses on how each of these countries responds to illegal development.

Design/methodology/approach

The method relies on two main sources: analysis of official documents – laws, policies and court decisions in both countries – and field interviews about practice. In both Portugal and Israel, the authors held face-to-face open interviews with lawyers and other professional staff at various government levels. The interviews focused on four issues: the effectiveness of the existing enforcement instruments, the urban consequences of illegal development, the law and policy regarding legalization and the existence of additional deterrent measures.

Findings

In both countries, there is a significant phenomenon of illegal development though it is somewhat less in Israel than in Portugal. In both countries, efforts to reduce the phenomenon have been partially effective even though in both, extensive demolition is not exercised. Neither country has adopted a general amnesty policy for existing noncompliance, so both resort to reliance on ex-post revision of statutory plans of granting of variances as a way of legalization. The shared tension between local authorities and national bodies indicates that not enough thought has gone into designing the compliance and enforcement systems. In Israel, a recent legislative amendment enables planning authorities, for the first time, to set their own priorities for enforcement and to distinguish between minor and major infringements. This approach is preferable to the Portuguese law, where there is still no distinction between minor and major infringements. By contrast, Portuguese law and policy are more effective in adopting financial or real-estate based deterrence measures which restrict sale or mortgaging of illegal properties.

Originality/value

There is very little research on noncompliance with planning controls in advanced-economy countries. There is even less research on the legal and institutional responses to this phenomenon. This paper pioneers in creating a framework for looking at alternative types of government responses to illegal construction. The paper is, to the authors’ best knowledge, the first to present a systematic cross-national comparative analysis and critique of such responses. The authors thus hope to expand the view of the possible legal and policy response strategies available to planning authorities in other advanced-economy countries. The comparative perspective will hopefully encourage, expansion of the research to more countries and contribute to the exchange of experiences between jurisdictions.

Details

International Journal of Law in the Built Environment, vol. 9 no. 3
Type: Research Article
ISSN: 1756-1450

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Article
Publication date: 1 May 1972

IN a departure from usual practice this issue concentrates to a large extent upon a single subject — Mechanical Handling. It coincides with that industry's exhibition at Earls…

163

Abstract

IN a departure from usual practice this issue concentrates to a large extent upon a single subject — Mechanical Handling. It coincides with that industry's exhibition at Earls Court from the 9th to 19th of this month, to be opened by the Rt. Hon. Christopher Chataway, M.P., Minister for Industrial Development. In consequence it was necessary to defer some regular features for a time, for which we apologise.

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Work Study, vol. 21 no. 5
Type: Research Article
ISSN: 0043-8022

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Publication date: 27 January 2022

Fabiola Monje-Cueto and Johnny Davy Ruiz Ayala

In this chapter, the reality of Bolivia's current situation is presented, including details regarding the country's political, economic and environmental context. Then, alternate…

Abstract

In this chapter, the reality of Bolivia's current situation is presented, including details regarding the country's political, economic and environmental context. Then, alternate possible future scenarios are presented, developed by four different types of stakeholders in Bolivian society during four workshops that produced various suggestions on how to recover from the effects of the COVID-19 pandemic using a sustainable approach.

Several findings are incorporated into these scenarios, including potential risks, public policy recommendations and structural changes required to attain the best possible post-pandemic scenario for Bolivia, including the achievement of several Sustainable Development Goals (SDGs) from the 2030 Agenda, especially SDGs 8, 13 and 17.

Details

Regenerative and Sustainable Futures for Latin America and the Caribbean
Type: Book
ISBN: 978-1-80117-864-8

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Article
Publication date: 1 May 1986

Anti‐corrosion lining. One of two giant liquid gas heat exchangers were seen heading East recently from Clwyd, North Wales, where they had been treated with a special…

17

Abstract

Anti‐corrosion lining. One of two giant liquid gas heat exchangers were seen heading East recently from Clwyd, North Wales, where they had been treated with a special anticorrosion lining by Lithgow Saekaphen Ltd.

Details

Anti-Corrosion Methods and Materials, vol. 33 no. 5
Type: Research Article
ISSN: 0003-5599

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Article
Publication date: 1 March 1967

“It is generally accepted that the food industry must be scientifically based to cope with the problems, particularly of public health, which arise as new processes of growing…

183

Abstract

“It is generally accepted that the food industry must be scientifically based to cope with the problems, particularly of public health, which arise as new processes of growing, manufacturing, packaging and preserving food depart even further from traditional ways.”

Details

British Food Journal, vol. 69 no. 3
Type: Research Article
ISSN: 0007-070X

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Article
Publication date: 1 January 1973

The new authorities created by this Act, probably the most important local government measure of the century, will be voted into existence during 1973 and commence functioning on…

102

Abstract

The new authorities created by this Act, probably the most important local government measure of the century, will be voted into existence during 1973 and commence functioning on 1st April 1974. Their responsibilities and the problems facing them are in many ways quite different and of greater complexity than those with which existing councils have had to cope. In its passage through the Lords, a number of amendments were made to the Act, but in the main, it is a scheme of reorganization originally produced after years of discussion and long sessions in the Commons. Local government reorganization in Scotland takes place one year later and for Northern Ireland, we must continue to wait and pray for a return of sanity.

Details

British Food Journal, vol. 75 no. 1
Type: Research Article
ISSN: 0007-070X

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Article
Publication date: 1 March 1963

The addition of nutrient factors, vitamins, minerals, etc., to food to enrich or restore deficiencies in normal concentrations is considered by most people to be a commendable…

28

Abstract

The addition of nutrient factors, vitamins, minerals, etc., to food to enrich or restore deficiencies in normal concentrations is considered by most people to be a commendable practice, in quite a different category to other food additives, which have little or nothing to do with nutrition and are used mainly for commercial purposes.

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British Food Journal, vol. 65 no. 3
Type: Research Article
ISSN: 0007-070X

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Article
Publication date: 1 August 1966

After a few years away from the countryside, a brief visit to some farms in the heart of England reveals a changed scene. Farming is obviously prosperous and there are now many…

109

Abstract

After a few years away from the countryside, a brief visit to some farms in the heart of England reveals a changed scene. Farming is obviously prosperous and there are now many more young men farming; because of better conditions, older men have been able to retire and hand over to the younger man who has often attended an agricultural college and shows it in the methods he employs, especially in milk production Nowadays there seems to be a surfeit of machines, a greater use of machine‐milking, sometimes with pipe‐systems to cooler and direct to churns, without manual effort from start to finish. The rural water supply schemes and electrification between the two wars have revolutionised farming and taken the drudgery out of milk production. The farm kitchen is a revelation and the farmer's wife, young, strong, efficient, attractive and fashionable, surrounded with every electrical domestic appliance devised by the ingenuity of man, is as much changed as the farmer himself.

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British Food Journal, vol. 68 no. 8
Type: Research Article
ISSN: 0007-070X

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Article
Publication date: 1 January 1954

Aarhus Kommunes Biblioteker (Teknisk Bibliotek), Ingerslevs Plads 7, Aarhus, Denmark. Representative: V. NEDERGAARD PEDERSEN (Librarian).

120

Abstract

Aarhus Kommunes Biblioteker (Teknisk Bibliotek), Ingerslevs Plads 7, Aarhus, Denmark. Representative: V. NEDERGAARD PEDERSEN (Librarian).

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Aslib Proceedings, vol. 6 no. 1
Type: Research Article
ISSN: 0001-253X

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Article
Publication date: 1 December 1972

A conference can range from good to bad. It can be well or poorly organized, comfortably or indifferently housed, a profitable or wasted use of time. If conferences were rated…

232

Abstract

A conference can range from good to bad. It can be well or poorly organized, comfortably or indifferently housed, a profitable or wasted use of time. If conferences were rated like hotels and stars indicated their merit, the one held in Munich at the end of October should be awarded the maximum number.

Details

Work Study, vol. 21 no. 12
Type: Research Article
ISSN: 0043-8022

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