Patologisia piirteitä maankäyttö- ja rakennuslain sovelluksissa: Tapaus Savonlinnan Kasinonsaari

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Translated title of the contributionPathological features in the applications of the Finnish Land Use and Building Act: The case of Kasinonsaari, Savonlinna
Original languageFinnish
Pages (from-to)324-339
Number of pages16
JournalKunnallistieteellinen aikakauskirja
Volume42
Issue number3
Publication statusPublished - 2014
MoE publication typeA1 Journal article-refereed

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Abstract

The Finnish Land Use and Building Act was launched in 1999 as a compromise between two conflicting endeavours: the view of land use planning as an instrument of economic development; and the view that land use planning can guarantee a good environment. In conjunction with the ongoing review of the Act, a case of planning in the city of Savonlinna is examined.
The article argues that appeals against decisions to approve local plans, which according to the Act can be made only on legal grounds, are now considerably less likely to succeed than when the previous Act had been in force. Thus, the means for controlling the quality of planning laid down in the Act do not work properly. The reasons for this deficiency are found in the ambiguities and inconsistencies contained in the Act, which stem from the fact that it is a compromise. The Act is prone to pathologies in its implementation: plans that are at odds with the stated objectives of the Act are declared legal by the administrative courts. The article identifies several contradictory features within the Land Use and Building Act that can generate pathologies in planning practices.

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