Urban Planning & Development

News & Analysis as of

Developers take note: What you need to know about proposed changes to the Environmental Planning and Assessment Act 1979

After his predecessor failed to push through a whole new Planning Act in 2013, the current Planning Minister, Rob Stokes, appears to have accepted that he is stuck with the ageing Environmental Planning and Assessment Act...more

HUD Publishes Further Revisions to RAD Notice

In an announcement on January 12th, the U.S. Department of Housing and Urban Development (HUD) published a significant third revision to the Rental Assistance Demonstration (RAD) Notice (PIH 2012-32/ H 2017-03 Rev-3)....more

Michigan Governor Signs Law Excluding Library Taxes from Capture by Tax Increment Financing Entities

On Jan. 9, 2017, Michigan Governor Snyder signed into law a package of bills, all with immediate effect, that would exempt certain taxes levied for library purposes from being captured by tax increment financing authorities,...more

Top Ten Expected Planning Changes

With the new year now here, we look at ten key planning changes which are due in 2017: 1. Housing White Paper- This was expected today, but we understand that its publication will be pushed back and there have been...more

CalEnviroScreen 3.0 – Still the Wrong Tool for CEQA Review

On January 9, 2017, the California Environmental Protection Agency (CalEPA) and Office of Environmental Health Hazard Assessment (OEHHA) released an “Update to the California Communities Environmental Health Screening Tool,”...more

Resolución de Año Nuevo: Tránsito de Miami Beach

Después de acelerar el proceso de solicitud para el proyecto del tren ligero o tranvía moderno de Miami Beach, el mes pasado la comisión de la ciudad de Miami Beach puso un freno. En respuesta a las preocupaciones expresadas...more

New Year’s Resolution: Miami Beach Transit

After expediting the solicitation process for the Miami Beach light rail/modern streetcar project, the Miami Beach City Commission hit the brakes last month. In response to concerns voiced by City residents, the Commission...more

Fairfax County Policy Plan Amendment Supports Higher Intensities for Self-Storage and Data Center Uses

The Fairfax County Board of Supervisors recently adopted a Policy Plan Amendment that will potentially open industrial planned areas County-wide by providing additional FAR for Data Center and Self-Storage uses. This much...more

Romanian Legal Update - Amendments to the urbanism and construction legislation

New rules have been enacted in order to amend Law No. 350/2001 on urbanism and territorial planning (the Urbanism Law) and Law No. 50/1991 regarding the authorisation of the execution of construction works (the Construction...more

Too much, too fast, too soon: Stakeholders react to the Government of Ontario's coordinated review of the provincial plans

During the first quarter of 2015, the Government of Ontario (the Province) initiated a coordinated 10-year review of Ontario’s four land use plans (the Coordinated Review): (1) the Growth Plan for the Greater Golden Horseshoe...more

HUD Issues New Broadband Mandates

As most prepared for the holiday season, the U.S. Department of Housing and Urban Development converted two broadband mandate proposals into orders and published them in the Federal Register. “Narrowing the Digital Divide...more

Farrell Fritz Land Use Blog- 2016 Year in Review

Before we blog our way into 2017, we wanted to take a moment to review the topics that we blogged about in 2016 and to remind our readers that the land use practice group at Farrell Fritz is a diverse group of attorneys,...more

Senator Stabenow Introduces Urban Agriculture Act of 2016

This fall, U.S. Senator Debbie Stabenow announced plans to introduce the Urban Agriculture Act of 2016, legislation that would support urban farming initiatives and increase access to healthy food. “Urban agriculture is...more

Failure To Seek Preliminary Injunctive Relief Supports Motion To Dismiss And Renders Appeal Academic

On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic” on the grounds that during the pendency of the appeal, the land use development...more

Land Use Matters, Alston & Bird LLP, November/December 2016

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

City Planning Grants Reprieve of New Park Fees to Certain Projects

Back on September 7, 2016, the Los Angeles City Council passed the new Parks Dedication and Fee Update Ordinance (“Quimby”) which will affect all new multi-family development projects in the City. The ordinance will take...more

A Look Ahead at Construction in 2017

Most experts say that the construction industry will experience slow and continued growth throughout the new year. For example, according to Dodge Data & Analytics, construction in 2017 is anticipated to see moderate job...more

California Supreme Court Overturns City’s General Plan Consistency Determination, Holding that 1973 Resolution is Not Part of its...

Attorneys are undoubtedly familiar with the adage that “bad facts make bad law.” When an agency makes a general plan consistency determination, bad facts can also result in a court concluding that the deference typically...more

CEQA Does Not Require Local Lead Agency To Provide For Administrative Appeal To Elected Body of Nonelected Body’s Decision That...

In an opinion filed December 7, and later ordered published on December 16, 2016, the Fourth District Court of Appeal affirmed a judgment denying a writ petition on the “single legal issue” whether plaintiffs were entitled...more

I'm dreaming of a White Paper…

With an unusually warm 25th December forecast this year, the prospect of a white Christmas looks slim, but with the government's Housing White Paper due in early 2017 (The Year of the Rooster!), we consider what we might...more

State Density Bonus Law Debuts in San Francisco

The San Francisco Planning Commission took a major step on December 8, 2016, by approving the first market rate housing project to utilize the State Density Bonus law. The State law, which has been in effect for almost...more

Senator Wiener Moves Quickly out of the Gate on Housing Bill

Shortly after being sworn in as California State Senator on Monday, former San Francisco Supervisor Scott Wiener introduced SB 35, placeholder legislation addressing barriers to housing production. The legislation currently...more

Financiación del Transporte Público con Desarrollos Orientados al Transporte

Desde la aparición de los primeros sistemas de transporte público, se ha reconocido que los espacios contiguos a las estaciones de trenes son idóneos, especialmente, para urbanizaciones de usos múltiples. La gente está...more

Funding Mass Transit with Transit-Oriented Development

Since the earliest mass-transit systems, it has been understood that the property adjacent to train stations is particularly well-suited for dense mixed-use development. People are willing to pay a premium for the...more

Final BLM Planning 2.0 Rule Released

The Bureau of Land Management (“BLM”) has released its final Planning 2.0 rule for publication in the Federal Register. It will be effective 30 days after publication. The rule represents a comprehensive change to the...more

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