ABSTRACT

In this chapter we apply the concepts and theories from law and economics to one of the central questions in land-use planning: what can be done to realize a high quality of the land use in a neighbourhood? This question can be asked of both a residential neighbourhood and an industrial/business park. If the location is small and the users are fairly homogeneous, then the users themselves should be able find it quite easy to agree on what qualities they want in their neighbourhood. Then the interesting possibility arises: can those people arrange between themselves (that is, using private law) that those qualities are achieved and maintained, rather than that a state agency do that using public law?