| Research Abstract |
Though the legislature empowered local autonomous bodies to make a town plan in the 1999-2000 decentralization reform, strict restrictions of state laws on local planning are still firmly entrenched. This study considers the legal structure of French town planning laws to search for clues to remove these legal obstacles, further advancing the decentralization of town planning in Japan.
The results of this research are as follows.
1. French land-use regulation is enforced mainly by POS ("plan d'occupation des sols") which is made by a "commune", the basic local autonomous body in France. To cover regulatory vacuums, the national rules (RNU) are applied to non-POS areas.
2. POS regulation can extend various elements of the property and its intensity can reach considerably far (even regulation for a fine view is permitted).
3. The restrictions of state law ("Code de l'urbanisme") on local planning are so loose that the local authority has a free hand to form the substance of zoning and rules. This enables the local authority to execute its urban policy and respond to local needs.
4. Accompanied by this loose structure of state law, the French decentralization reform (1982) transferred the competence of POS to a "commune" with other competences about the land-use regulation.
As for the control of the local authority's free hand ( control has two sides, preservationism and construction liberalization), it is remarkable that a French citizen should be able to state his opinion in a public hearing ("enquete publique") and even take an action against POS (administrative suit).
5. POS should be accompanied by "un rapport de presentation", an important document which gives a reason for POS (this document also contains an environmental analysis ). "Un rapport de presentation" contributes not only to fostering citizens' understanding and concern about POS but also facilitates legal checks in the administrative tribunal.
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