From the Frontline of theConstruction ConflictGraduate School of Frontier Sciences, TheUniversity of Tokyo
Socio-Cultural Environmental Studies
Ryo Suzuki‡：Publications with this mark indicates that its copy rights is owned by the thirdparty. A separate and direct permission from the copy rights owner is required for
its reproduction and the usage of its contents for production of another workSelf Introduction
Introduction of the Kashiwa Campus

My Profile Name: Ryo Shimizu
 Specialties: Sociology of Local Community,
Environmental Sociology
keywords: residents' campaign, civic movement, community
development, construction of a region
 Studies: Reconstruction of city after the Earthquake in Hanshin
Awaji region
The transformation of local communities throughreclamation of Isahaya Bay
Scenery, district planning, and community developmentin urban areas
 Position: Socio-Cultural Environmental Studies, Environmental Studies,
Graduate School of Frontier Sciences, The University of Tokyo (2005～)

The Faculty Mission and Three-Bodied Campus Structure
Kashiwa Campus
Multidisciplinary Studies
Graduate School

Three Bodied Campus

Komaba CampusInterdisciplinary Studies
Undergraduate & Graduate School

Hongo Campus
Traditional Disciplinary Studies
Undergraduate (junior, senior)
Graduate School

Mission:・Intellectual Adventure: Explore a new field of study through intellectualadventure. Don't be afraid of failure
・Multidisciplinary Studies: Creating new fields of studies by bringing in multiple
disciplines

Graduate School of Frontier Sciences
Nano technology, Complexity,material, energyTransdisciplinarySciences
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

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

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Advanced Materials Sciences
Advanced Energy
Complexity Science andEngineering

Biosciences

Biology, medicine

Integrated Biosciences
Medical Genome Sciences

Computational Biology
Bio-informatics

Environmental StudiesNatural Environmental Studies
Ocean Technology, Policy, andEnvironment
Environmental Systems
Human Environmental Studies
Socio-Cultural EnvironmentalStudies
International Studies
Graduate Program in
Sustainability Science

Environment, International,Culture, Sustainability

My Profile Name: Ryo Shimizu
 Specialties: Sociology of Local Community,
Environmental Sociology
keywords: residents' campaign, civic movement, community
development, construction of a region
 Studies: Reconstruction of city after the Earthquake inHanshin Awaji region
The transformation of local communities throughreclamation of Isahaya Bay
Scenery, district planning, and community
development in urban areas
 Position: Socio-Cultural Environmental Studies, Environmental
Studies, Graduate School of Frontier Sciences, The Universityof Tokyo (2005～)

Reconstruction of city after Earthquake in Hanshin
Awaji region(1995～)
Civic Movement by fishermen on the reclamation project ofIsahaya Bay(2001～)

Breaking news: December 6th, 14:41
In the case of “Revive! The Ariake bay”, theFukuoka High Court decided to decline the appealof the government by supporting the judgment ofthe Saga District Court, which orders the floodgate to remain open.

Construction Conflict, the Right to a view,Community Development(2005～)
Conflict about construction does get resolved

Lawsuit for the right to a view

A case of conflict of a condo building in Fukuoka

Sociological Thinking

Sociological Thinking
 Individual and society, individual and group,part and total
・・・It tried to understand the relation
 “Let go of common knowledge”

 “Make the invisible visible”
 Jump into the field of “social problems”

 Listen to voices in the “field” and think fromthe “field”

From the Frontline of the Construction
Conflict

Residents' Movement〈Logic of Development〉〈Logic of architecture〉

Residents' movement means

A movement to state objection “complaint”＝〈Residents' logic〉

Enormous efforts・・・it is not just“weirdoes”

Social problems rising from the existing institutions, orders andthe reality
it embodies contradictions in society＝gap

Construction Conflict (Urban Construction Conflict) Construction conflict

Construction errors
 Construction conflict with regard to tall buildings・・・conflict between developers/ architects and residents
in the neighborhood
 Development conflict

Land readjustment project Redevelopment project Road problems
 Destruction of naturePoints of Construction Conflict Loss of a viewScenery problem
 Increase of high-rise buildings =”height” problem
 Destruction of a “town view”=texture, color, walllocation
 Increasing population and change ofsurrounding environment
Sunlight problems, wind problems, blanketing・・・
 Infrastructure problem
road, school, commercialbuildings・・・
 Destruction of communityMoving wall back → system for alleviated capacity
maximization of floor capacity ・・・maximization of self benefit
Unified wall location ・・・consideration for others =collaboration

The Kunitachi Condo Lawsuit

The Kunitachi Condo Lawsuit
1999.1.1. The ordinance for scenery development of the city of Kunitachi goes in effect7.24.Sales contract of Meiwa Property(Tokyo Kaijo – Meiwa Property)
9.22.The Kunitachi City Council adopts the appeal to reconsider the construction plan

2000.1.5. Construction permission was issued and the construction started on the same day
1.31.Creating of construction ordinance on district planning in the city of Kunitachi

2.24.Appeal to invalidate the construction ordinance on district planning (Meiwa Property)
2001.3.29.Lawsuit to request the removal of buildings higher than 20m by residents

2002.12.18.

The District Court rules in favor of residents

2004.10.27.

The High Court reserved the ruling2006.3.30.The Supreme Court ruled against residents

Clio Remington Village Kunitachi
Number of Rooms 353
 Built in December, 2001
 1 Basement, 14 floors
 Category II Exclusive High and Medium Rise
Residential Zone, Category I Exclusive Low Rise
Residential Zone, Semi Fire Zone
 Vendor: Meiwa Property Management
 Note: “This condominium is so called “existing unfitbuilding”, therefore, cannot be reconstructed higher
than 20m in future renovation”
The First Ruling (in favor of Residents)
Decision on the lawsuit on the condominium inKunitachi city 2002 December
Land owners came into possession of their duty
and benefits to maintain the scenery as anextension of their property rights……
The rights of land owners remain violated unlessthe part which goes higher than 20m is removed

The Nature of the Right to a View
District Court

High Court

It is worth protecting by law asderivation of the property rights
if it is recognized as a result of
long-term self control and afavorable scenery, and if it offers
additional values to the owned
land

The scenery cannot be
understood as individual andconcrete rights or benefit forindividual residents to enjoy.
Government should take an
initiative in creating a favorablescenery.

The picture of this article was deleted to comply with thecopy rights
Asahi Newspaper (morning), March 31, 2006 page2(society)「The benefits of view is protected」 The first decision by
the Supreme Court: Rules against residents in the lawsuitof condos in Kunitachi

Normalization of “scenery”
 After the Kunitachi lawsuit, the court ruled

more in favor of the “benefit of a view”
Kyoto Takusei New Town (2005), Tokiwa-dai (2006),Tamagawa Gakuen (2007), Ishigakijima Yoshiwara
condo lawsuit (2009)
 However, few cases find it worth protecting by law
 The Scenery Law (2004) Tomonoura (2009) court ordered thecessation of development

The Japan Scenery Civic Movement Network
 Founded in December, 2005
 Core Members


Activist, consultant (urban planning)

Adviser scholars

 Activities


Regular meeting (information exchange)

SeminarsSupport for individual campaign

The Japan Scenery Civic Movement Network Characteristics
Core members are from the group of Kunitachi condocase

Passing on experiences”mortification” “regret” →revenge in other areas⇒accumulation of experiences Their activities centers around cases in Kanto Region
 Little systematic progress towards law-making
 It considers each case with great attention
The Japan Network to Think Scenery and Living
Environment Founded in July, 2008
 Core Members
 Lawyers, politicians (civic movement friendly), activists
 Consultants (architecture,urban planning) Scholars (urban planning, law) activities
 Social events (information exchange) Seminars
 Support for individual campaigns
 Lobbying for revision of the Urban Planning Law

The Japan Network to Think Scenery and LivingEnvironment
 Characteristics


No regular meetings for information exchangeThe main office consists of those who lead
their regional campaigns

Nation-wide activities

Naha, Fukuoka, Kochi, Kyoto, Fujisawa,
Yokohama, Kawasaki, Tokyo, Funabashi,Chiba, Urawa

Maximizing use of emailing lists



Aims at revising existing laws

SummaryProblems arise due to gap between existing laws and the reality⇒a new order is created in the process of problem solving

Creating orders surrounding “scenery” (the process throughwhich “rights” emerge)

Residents' movement

Solving my problem→ the endSolving my problem→ provides support to other districts→ support for individual
campaign (goes down?)→ movements towards law
revision (goes up?)

“Scenery” is View

visual beauty・・・・・question of the standard of “beauty”
 Relationship between residents and the land, sceneryattachment, memoryactive action on land (spontaneous restriction)
Thickness of “community development”

Scenery ＝ visual representation of a
relationship between human and land/ nature/buildings