The Principles of the New Spatial Planning Law: from Hierarchy to Coordination

Abstract

With the entry into force of the Framework Law on Spatial Planning and Urbanism and Decree-Law no. 380/99 of 22 September, the system of relations between the various public entities with responsibilities in matters of spatial planning and urbanism came to be based (more than before) on the ideas of coordination and concertation. Rather than establishing a hierarchy of interests that would translate into a hierarchy of plans, the legislator ultimately gave greater importance to the ability of these entities to coordinate their activities, which are often antagonistic and irreconcilable.

Thus, although the principle of hierarchy continues to govern the relations between the various territorial management instruments, this hierarchy is now much more mitigated, so as to allow, through coordination and concertation between the various entities, the achievement of a more flexible and harmonious planning system.

This article aims to analyse, in broad terms, how the ideas of coordination and concertation are embodied in these new legislative instruments on planning.