Conditioning land-use regulations to NDOs is Sample Clauses

Conditioning land-use regulations to NDOs is not allowed Although municipalities are allowed to negotiate contributions, following the Dutch rule of law, property developers cannot be obliged to nego- tiate an agreement. Public bodies do not have the statutory powers to refuse modifying the land-use regulations only with the argument that the developer is not willing to negotiate. Dutch municipalities have thus no statutory powers to formally condition land-use regulation decisions to the developer signing a development agreement. Because of this Dutch particularity, in the Netherlands, municipalities do not dare to modify land-use regulations in an early stage because once they are modified, municipalities have no leverage anymore – so municipalities wait first until the development agreement has been negotiated and sealed. In prac- xxxx, thus, municipalities do often condition the land-use regulation deci- sions to the developer agreeing to contribute through this contract. Up to the moment in which the land-use regulations are brought into the public decision-making process, not much – if any – publicity is given to the details of the developer’s initiative and the negotiations (Xxxxx Xxxxxx, 2010: 241–242; Buitelaar et al., 2011: 938–940). This behaviour is sometimes explained as the consequence of Dutch municipalities pur- suing public control of urban development more than in other countries (x.x. Xxxxxxxxx & Sorel, 2010), but the mentioned Dutch legal peculiarity might play a more relevant role.
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