Publication:
The new “planning amnesty” in Portugal: how far should plans accommodate noncompliant development?

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2017
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AESOP
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In 2014, Portugal introduced legislation1 imposing amendments on statutory plans to accommodate illegal structures “that are incompatible with land management instruments or land use restrictions” applied to productive units such as industrial, farming, waste management and quarries. The initial deadline for application was January 2016, but was extended until June 20172. This amendment also introduced “subtle” changes, to include buildings in which construction had not been finished, and some types of warehouses. The pressure for a solution to illegal development arose from restrictions on real-estate transactions and conditions placed by the EU on eligibility for its funding mechanisms. Though not intended as such, this new legislation has several similarities (but also important differences) to other planning amnesties implemented in other Mediterranean countries. How far should plans accommodate noncompliant development? The object of the paper is to formulate a perspective on the new planning amnesty in Portugal and to elaborate on expected results, built on the experience of similar programs in other Mediterranean countries.
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Book of proceedings: Annual AESOP Congress, Spaces of Dialog for Places of Dignity, Lisbon, 11-14th July, 2017
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