Principled approval of Spatial Toolbox Decree

on Jan 15, 2018 in News

The Flemish Coalition Agreement 2014 – 2019 sets forth a sustainable spatial development with an area-based approach and integrated realisations, in combination with an improved toolbox of spatial instruments.

On 12 January 2018, the Flemish Government has given its principled approval to the preliminary draft decree on the realisation-based instruments (Toolbox Decree). It is a logical and necessary step forward in the bundling and coordination of spatial instruments with a view to sustainable spatial realisations in the field.

The advice of the SARO, the Minaraad, the SERV and the SALV, and later the Council of State, on this preliminary draft decree will now be requested.

The Toolbox Decree provides three categories of instruments that are meant to be consolidated; (1) existing instruments that are completed (e.g. preferential rights), (2) existing instruments that are to be further researched (e.g. urban charges) and (3) new instruments (e.g. covenants and transferable development rights).

Transferable development rights (TDR) are to be understood as a method of transaction of rights as illustrated below.

A sending site, that still had development rights/possibilities transfers these to a receiving site that wished to expand their development, without having such possibilities.

The implementation of TDR’s is still to be further defined in the Decree.

For more information, please contact Els Empereur.