The contract as a governmental policy instrument in urban planning and environmental matters

Environmental law is traditionally characterised by unilateral government actions. The policy on environmental law is shaped by the traditional instruments, such as structural plans, zoning plans, permits, etc. However, evolving social conditions mean that unilateral government actions are not always the most efficient way to implement policy. Government covenants could be (part of) the solution.

This study examines whether and how the government can use contracts as a policy instrument in Flemish environmental law. The zoning contract, as a type of government covenant, is central to this research. The zoning contract is concluded by a planning authority and one or more governments, natural and/or private (legal) persons, by which the government undertakes to exercise or not to exercise its planning competence in a certain way. For example, the government may agree to adopt, amend, revise or maintain a certain zoning plan.

This research shows that the government can indeed enter into zoning contracts. However, the specificity of the government as a contracting party and the governmental policy as the subject of the contract require certain limitations and additions to the application of contract law. The research identifies the limitations and additions that are necessary for the validity of the government covenant and the validity of the administrative act that results from it. This research shows that the zoning contract is a full-fledged policy instrument for the government in environmental law.