Land betterment capture revisited: A methodology for territorial plans

Abstract

The main goal of this article consists in the proposal of a developer obligations' instrument aimed at capturing land betterments that result from planning decisions and from the implementation of territorial plans, reassigning them to public infrastructure, equipment and social purposes. It consists in charging for extra development rights beyond average municipal urban built-up areas. It is founded on a research and consultancy work for the Portuguese Territory Department (a governmental organism) within the scope of the revision of the Land Planning Act and complementary legislation, namely the new Juridical Regime of Urbanization and Edification, and the new Juridical Regime of Territorial Management Instruments. Thus herein are presented the assumptions, methodology, outcomes and conclusions of this work. It is applied - as a case study - to the Detail Plan of Avenue Pope John XXIII, in Fatima (in the Municipality of Ourem, Portugal), but its application is generalizable to other municipalities, and it potentially strengthens their financial status. Considering the current widespread crisis, and taking advantage from the experience of homologous value capture instruments in other countries, the proposed instrument is intended to contribute to strengthen municipal finance. It faces more clearly and objectively the funding of territorial planning and urban development. It further aims at developing understandable, quantifiable and user-friendly decision-support instruments, and at reassigning the betterments engendered by public planning decisions on behalf of communities. This concept and methodology supports the consolidation of the objectives of the new Portuguese Land and Planning Act. It indeed fosters the integration of territorial policies, strengthens effectiveness in plan execution, supports the economic and financial sustainability of urban development operations, and promotes equity as well as social and territorial cohesion.