Compensating Downzoning. A Comparative Analysis of European Compensation Schemes in the Light of Net Land Neutrality

Abstract

Most spatial planning systems are growth-oriented and focus on upzoning. However, downzoning is becoming increasingly important, as European planning is taking a “resourcial turn” and needs to integrate net land neutrality. Yet downzoning may entail financial compensation for landowners losing their development rights. Understanding the legal and financial mechanisms of compensation schemes is therefore essential for planners. This comparative study investigates the rationale, conditions, and calculations of five European compensation schemes. Our research shows how compensation schemes differ significantly within the European context and concludes that a feasible and affordable compensation scheme is essential for adaptable planning.

Keywords:

• Land use planning
• net land neutrality
• regulatory taking
• downzoning
• compensation
• property rights

Acknowledgments

The authors thank Jonathan Huijts for reviewing the Dutch section, Ayla von Essen for editing the paper, and the anonymous reviewers for their helpful suggestions and comments.

Disclosure Statement

No potential conflict of interest was reported by the authors.

Additional information

Notes on contributors

Peter Lacoere

Peter Lacoere is researcher and docent at University of Applied Science and Arts Gent HOGENT, research centre DRUM. His research interests include land policy, no net land take policies, policy instruments and sustainable planning.

Andreas Hengstermann

Andreas Hengstermann is fellow at Swiss National Science Foundation SNSF and research associate at Ulster University Belfast. His research and teaching focuses on the intersection of planning law and land policy as well as planning education.

Mathias Jehling

Mathias Jehling is researcher at Leibniz Institute of Ecological Urban and Regional Development IOER. His research interests include geographic information, regional settlement structures, urban densification and institutionalist approaches of land policies.

Thomas Hartmann

Thomas Hartmann is Professor of Land Policy and Land Management, School of Spatial Planning, TU Dortmund University. His research interests include land policies, instruments and strategies of land policy.