Larger value capture through NDOs than through N-NDOs Sample Clauses

Larger value capture through NDOs than through N-NDOs. A development agreement supports mainly on private law, but its contents are to some extent also regulated in public law: the 2008 Act and Decree provide rather vague indications about the scope of NDOs and about which sort of policy the municipality should introduce to support these NDOs. In addition, during parliamentary approval of both Act and Decree, some dis- cussions took place that made clear that the meaning of the law was not to negotiate contributions towards maintenance and operational costs of public infrastructure. But this legislative and parliamentary framework still leaves much room for negotiation, so there are larger possibilities to charge public infrastructure through negotiated development agreements than through the N-NDOs (those prescribed in a development contributions plan). Until now, jurisprudence has only confirmed that there is indeed larger room through negotiations, but it does not clarify the limits, and further, there are no gov- ernmental directives. Interpretations of the jurisprudential, legislative and parliamentary framework state that local policy should at least prescribe in a transparent way which infrastructure is charged, why and how these costs are allocated in an equal way to each development (x.x. Xxxxx Xxxxxx et al., 2016: 535–536). However, there are many other unclear aspects, and there is neither much writing nor unanimity on what the contents should be of this policy and how far municipalities should negotiate (Xxxxx Xxxxxx & Xxxxxxxxx, 2018: Section 3.2.4). As a consequence of this, provided that municipalities introduce specific policy that properly underpins the contributions (although it is not entirely clear what ‘properly’ means), they are allowed to negotiate with property developers a contribution for public infrastructure far more generous than allowed through a development contributions plan. For example, munici- palities can negotiate a much more generous contribution for large infra- structure located off-site (for an overview of which costs can be charged through development agreements that cannot be charged through develop- ment contributions plans, see Xxxxx Xxxxxx, 2010: 228–234). This is one of the reasons that explains why in practice municipalities approve so few of these plans (in total, 120 from July 2008 to July 2011, Buitelaar et al., 2012: 62) and instead prefer to use development agreements.
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