urban and rural land use planning part 2 (cresar)

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    Urban and Rural Land Use Planning / Development / Zoning (Part 2)

    Definition of Terms:

    1. Land as property - is how land is perceived when it is considered as a privatecommodity which can be owned, used, bought or sold for personal comfort and profit.

    2. Land use- is a concept that deals mainly with how people socially construct and makeuse of land resources.

    3. Industrial -This urban land use class refers to manufacturing areas consisting offactories.

    4. Institutional -The urban land use class includes public or government areas andspecial uses such as cemeteries and memorial parks.

    5. Residential -This urban land use class includes single- and multiple-family dwellings.

    6. Reversible- type of land uses wherein the inherent features or characteristics of landhave not been considerably altered or modified.

    7. Combined or multiple land uses- type of land uses when land uses can be combinedin a single site or parcel of land at the same time.

    8. Irreversible type of land use when land is subject to applications which bring aboutchanges, alterations, and modifications so much so that it preempts the original use orit is physically impossible to restore the land to its previous state or conditions.

    9. Settlement- is a general term used for a permanent or temporary community inwhich people live, without being specific as to size, population or importance.

    10. Linear-where the settlement has developed along a line, the kind of settlementaccording to shape.

    11. A dispersed settlement is where the buildings are spread apart.

    12. A nucleated settlement is where the buildings are grouped together, the kind ofsettlement according to shape.

    13. Market towns- these areas are found in fertile farming sites and has many servicese.g. shops and offices, the kind of settlement according to function.

    14. Industrial towns- these areas have railways and canals for transports and housingand industry mixed together, the kind of settlement according to function

    15. Urban Settlements- they contain a heterogeneous population consisting of differentages, cultures and ethnicities. They are more expansive and contain a wide range ofland uses.

    16. Rural settlements- are more or less self-contained and may not use zoning controlsor have limited planning and development regulations. They rely on a local andagricultural-based economy with dependencies on services, such as hospitals andeducational establishments in nearby urban centers.

    17. Planning- is an anticipated list of activities for the achievement of a target by a unitor person

    18. Land use planning -refers to the rational and judicious approach of allocatingavailable land resources to different land using activities.

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    19. Land use map- is a visual representation of the plan and shows how land or thestructures on the land are used over a particular period of time.

    20. Land use plan- a document that outlines the preferred future spatial arrangement ofland uses, with a set of proposed actions to turn the plan a reality.

    21. Comprehensive Land Use Plan - refers to a document embodying specific proposalsfor guiding, regulating growth and development of a city or municipality.

    22. Zoning- it is the guide to the proper location of activities in space.

    23. Zoning ordinance -it has been singled out in the Local Government Code as theprincipal instrument for implementing the CLUP.

    24. Protection -it is a land use policy area referring to resources that need to beprotected, conserved, rehabilitated, including areas that require prevention and

    mitigation of disasters.

    25. Infrastructure- is a land use policy area which deals with capital investments thatsupport spatial integration, production efficiency and social service delivery.

    26. Production -It is a land use policy area which is focused on economic productionfrom the extractive to the modern service sectors.

    27. Urbanisation -is a spatial (non-spatial) and social process which refers to thechanges of behaviour and social relationships that occur in social dimensions as a resultof people living in towns and cities.

    28. Sustainability- is a process which tells of a development of all aspects of human lifeaffecting sustenance.

    Physical and climactic characteristics of land

    Physical and climactic characteristics of land, like its topography, character of the soil,subsurface structure and composition, as well as the distribution of minerals, oil andgas, have bearing on the use of the land and its classification.

    Basic Land Components - include the rock types, climate, geologic structure, and othersubsurface features.

    For urban development, hard rocks are considered good foundation for buildings whilefaulted rocks limit the kind and intensity of uses that land can accommodate.Manifest Land Components - include soils, landforms, topography, and vegetation. Soilsare extremely important in agriculture.

    Topography and landforms control land uses such as when the terrain is steeply sloping.A rugged terrain that naturally precludes high-intensity and high-density land uses maybe cultivated and developed only at great risk.

    Presence of Minerals, Oil and Gas The presence of these products of geologicprocesses, which are entirely independent of human needs and convenience maybe anoverriding influence on the use of land.

    CLASSIFICATION OF LAND USES

    Non-urban land uses may be categorized broadly into:

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    1. Agricultural (whether irrigated or non-irrigated farms or croplands, rice paddies,fishponds and aquaculture areas, vineyards, animal husbandry, etc.)

    2. Forest (natural or virgin forests, secondary growth, artificial or reforestation areas,tree plantations, fruit tree farms, etc.)3. Recreational and/or tourism (mainly land and related water for outdoor recreation)

    4. Grazing land (livestock open range lands, pastures, or meadows

    Urban land uses may be classified into:

    1. Residential (single- and multiple-family dwellings including residential condominiums,apartments, row houses, townhouses, etc. in both master planned gated subdivisionsand traditional neighborhoods)

    2. Office and commercial (tertiary or service activities found in shopping a

    nd officecomplexes, arcades, in major commercial districts and local neighborhood centers)

    3. Industrial (manufacturing areas consisting of factories, industrial plants andcomplexes including warehouses)

    4. Institutional (includes public or government areas and special uses such as

    cemeteries and memorial parks)5. Parks and open spaces (public semi-natural recreational spaces usually with greeneryand aesthetic elements and natural open spaces)

    6. Roads and transportation network (highways, streets, and bridges including railways,bikeways, and pedestrian roads or corridors)

    Urban and rural settlements differ in demographics, land area and usage, populationdensity, transportation networks and economic dependencies.

    Demographics. Urban settlements contain a heterogeneous population consisting of

    different ages, cultures and ethnicities, whereas rural areas contain a morehomogenous population based on family, similar ethnicities and fewer culturalinfluences.

    Land Area and Usage. Urban settlements are more expansive and contain a wide rangeof land uses. For instance, major metropolitan areas use density zoning to indicatedifferent levels of development. In contrast, rural settlements are more or less self-contained and may not use zoning controls or have limited planning and developmentregulations.

    Population Density. The U.S. Census Bureau defines urban settlements as areas with

    more than 50,000 people and at least 1,000 people per square mile; includingcontiguous census tracts or blocks with at least 500 people per square mile. In contrast,rural settlements contain less than 2,500 people, at a density between one and 999people per square mile.

    Transportation Network. Rural transportation networks consist of local and county roadswith limited interconnectivity to rail and bus lines. Urban settlements contain highwayinfrastructure as well as airports and light or heavy commuter rail.

    Economy. Urban areas are dependent on a global economy of import and export,whereas rural economies rely on a local and agricultural-based economy withdependencies on services, such as hospitals and educational establishments in nearbyurban centres.

    Urban Settlements. Most governments define urban settlements based on one or acombination of criteria, including population size, population density, and social andeconomic factors, such as the proportion of the labor force engaged in non-agriculturalactivities; the administrative or political status of a locality, such as national, provincial,or district capitals, or census designations. (Hardoy et al., 2001)

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    Rapid urban growth reflects migration of people to cities as well as natural populationincrease among urban residents. Rural areas have virtually stopped gaining population.

    Megacities

    As the population increases, more people will live in large cities. Many people will live inthe growing number of cities with over 10 million inhabitants, known as megacities.

    Legislation Support

    1. Philippine Agenda 21 (PA21), is the national agenda for sustainable development. Itoutlines the integrating strategies for the countrys overall sustainable developmentand identifies the intervention areas (Action Agenda) from the national to the regionallevel, along with the corresponding implementing platforms and plans.

    2. Executive Order 72 was issued providing for the preparation and im

    plementation ofthe CLUP by the local government units and for the review and approval thereof by the

    HLURB and the Sangguniang Panlalawigan.

    3. Republic Act 7279 The Urban and Development Housing Act (UDHA) or RA 7279 givesa clear-cut definition of a Land Use Plan which the LGUs are mandated to adopt.

    Section 3(k) of RA 7279 defines Land Use Plan as the rationale approach of allocating available land resources as equitably as possible among competing usergroups and for different functions consistent with the development plan of the area andthe program under this Act. The extent of comprehensiveness and the focus of landuse planning process as well as the preparation of the CLUP defined within the boundsof land resources by this provision

    4. Executive Order No. 648 Section 5, Article II(a) To promulgate zoning and other land use control standards and guidelines whichshall govern land use plans and zoning ordinances of local governments

    5. The Local Government Code of 1991 Section 468, 2, Article III, Chapter 3, BookIII(vii) Review the Comprehensive Land Use Plans and zoning ordinances of componentcities and municipalities and adopt a Comprehensive Provincial Land Use plan, subjectto existing laws

    Urban growth, urban expansion and urban sprawl are sometimes used synonymously by

    the common people, although they are different.

    Urban growth is a sum of increase in developed land.One of its forms is expansion.Whereas, urban growth having some special characteristics (typically has a negative

    connotation) is sprawl.

    Sample issues and dilemmas that planners deal with:Top-Down or Bottom-up?Expert or Local Knowledge?Efficiency or Equity?

    Market solutions or Government regulations?Environment or Economic Growth?

    Settlement

    A settlement is a general term used in archaeology, geography, landscape history andother subjects for a permanent or temporary community in which people live, withoutbeing specific as to size, population or importance. A settlement can therefore range insize from a small number of dwellings grouped together to the largest of cities withsurrounding urbanized areas.

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    A conurbation is a region comprising a number of cities, large towns, and other urbanareas that, through population growth and physical expansion, have merged to formone continuous urban and industrially developed area.

    Kinds of Settlements according to function:

    1. Ports

    a. Found where there are sheltered harboursb. Flat land for building on nearbyc. Modern ports need deeper water for todays larger shipsd. Many ports has gone through a lot of redevelopment2. Seaside Resortsa. Close to industrial areas with large populations, with good rail and roadsb. On the seafront are hotels and entertainments such as pubs and bingoc. Guest houses are found inland where the land is cheaper to buyd. Housing found further inland, with industry on the outskirtse. Promenades pedestrian roads along the front of the resort

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    PLANNING

    Planning Process1. Identification of Problem

    2. Goal Setting

    3. Data Gathering

    4. Strategies and Approaches5. Choosing the best strategies

    6. Implementation

    7. Identifying and analyzing problems and issues

    8. Defining goals and objectives

    9. Developing and evaluating strategies, alternatives, and options available to the cityand local stakeholders in order to reach the stated goals and objectives

    Elements of a planning systemDifferent types of planningbetween sectoral and technical planning (e.g. transportation plann

    ing or the planning

    of water resources)and planning which overlaps sectors or is partially integrative.The nature of the planning process differs depending on its specific task.

    . Overall goals of planningo participation, conservation of land resources or balancing of regional disparities. In a democratic system the overall goals of planning correspond to the fundamentalprinciples and values in a society.

    elements of a planning system

    Definition of responsibilities

    Planning assignments are mandated to certain administrative levels (national, regional,district, community) and authorities (sectoral and territorial). Regulating the relationship between the various types of planning

    The nature of relationships between the various types of planning is stipulated.This results in a vertical linkages being made between the planning levels and ahorizontal linkages between the various technical and partially integrative processes.

    Rules The set of rules for the participation of those people affected by planning and theirrepresentation at higher levels of planning are manifested. Mechanisms for settling conflicts of interests are agreed on.

    Stages of Land Use Plan:

    rational and judicious approach of allocating available land resources to different land using activities, (e.g. agricultural, residential, industrial) and for different functionsconsistent with the overall development vision/goal of a particular locality.

    detailed process of determining the location and area of land required for the

    implementation of social and economic development, policies, plans, programs andprojects.

    based on consideration of physical planning standards, development vision, goals and objective, analysis of actual and potential physical conditions of land anddevelopment constraints and opportunities.

    is an interactive process based on the dialogue amongst all stakeholders aiming at the negotiation and decision for a sustainable form of land use in rural areas as well asinitiating and monitoring its implementation.

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    Life Cycle of Land Use Plan

    Studies and analysis that provide information and data: Compilation of physiographic data Mapping the urban setting, preferably with the use of Geographic Information System(GIS) Land use survey, vacant land survey, aesthetic features survey, and land valuestudies. Structural and environmental quality survey Costbenefit studies of land use Studies of public attitudes and preferences regarding land use

    Disaster studies, risk assessment consisting of hazards evaluation, mapping,vulnerability and capacity assessments, and risk mapping also provide a

    nalysis fordecision-making and recommendations.

    Land use planning objectives:

    1. To promote the efficient utilization, acquisition and disposition of land and ensure thehighest and best use of land;

    2. To direct, harmonize and influence discussions and activities of the private and publicsectors relative to the use and management of land;

    3. To reconcile land use conflicts and proposals between and among individuals, privateand government entities relative to the present and future need for land;

    4. To promote desirable patterns of land uses to prevent wasteful development andminimize the cost of public infrastructure and utilities and other social services;

    5. To conserve areas of ecological, aesthetic, historical and cultural significance.

    CLUP provides the prerequisites for achieving a sustainable form of land use which isacceptable as far as:- the social and environmental contexts are concerned and is desired by the societywhile

    - making sound economic sense.

    The basic elements of the land use plan:1. Statement of broad goals and local objectives. The objectives may havecorresponding objectively verifiable indicators useful in the monitoring and evaluationstage

    2. Discussion and analysis of existing trends in the use of and the avoidance of non-use,

    misuse, and abuse of land3. A presentation of future land use requirements and scenarios, including a statementof the principles to be followed and the assumptions to be made

    4. A description of the land use plan forming the alternatives presented (A land use mapusually accompanies the document)

    5. The identification of proposals involved and the policies implied in each

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    CLUP is an instrument of the technical co-operation used in the following types ofprojects:1. resources management (forestry, production systems compatible with resources andagro-forestry, pasture management, nature protection and erosion control)

    2. rural regional development

    3. community support and village development

    4. government consultation (environmental strategy planning, agricultural sectorplanning, development planning, assessment of land potential)

    The need for interventions at local level by external organisations can havevarious reasons: due to the planning objectives at higher level, some areas are selected as pilot areas; an increase of environmental destruction is to be counteracted; land use conflicts are to be settled; directives for land use in respect of higher level planning interests are to b

    e forced

    Prerequisites for land use planning

    - How to deal with those conditions in a LUP process as well as the limits for LUPintervention.

    - One important condition for implementing planned agreements is the existence of aclearly defined need and, in conjunction with this, of clear objectives shared by allparticipants and involved parties resulting from negotiation processes.

    Determining the unit of planning What is an adequate unit for the project area in which land use planning is carriedout: a watershed area, a community territory, an administrative unit or some other geographical unit?

    There is no simple rule, and the final decision will always depend on the actualsituation.

    The CLUP is primarily a guide for the management by the LGU of its entire territorialjurisdiction. Zoning, in turn is the guide to the proper location of activities in space.

    The zoning ordinance therefore has been singled out in the Code as the principal

    instrument for implementing the CLUP.

    Planning Area- is defined by the cities/municipalities political boundaries. This includesall component barangays and the city/municipal waters extending 3 kilometers fromshoreline for coastal LGUs. Thus, the CLUP shall cover both land and water resources ofthe city/municipality.

    Planning Period - the CLUP covers a planning period of 10 years at the minimum. It maybe reviewed every 3 years coinciding with the term of the Mayor and other locallyelected officials, for their appreciation and for continuity of plan implementation. Suchreview will also provide an opportunity for the incumbent or incoming Mayor and local

    officials to harmonize the new administrations development agenda with the approvedCLUP and to use the CLUP as basis for budget preparation and fund sourcing initiatives.The review shall be without prejudice to a yearly review of the various programs andprojects identified in the plan, to ensure attainment of the developmentvision/goals/objectives.

    Rationale for the Formulation/Revision of a Comprehensive Land Use Plan1. To achieve an improved quality of life;

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    2. To guide the orderly development of a city/municipality to promote the health,safety, welfare and convenience of the population;

    3. To promote sustainable development;

    4. To preserve special natural features and environmentally critical areas;

    5. To translate socio-economic policies into physical policies and plans;

    6. To comply with the requirements of Article 41 of the Implementing Rules and

    Regulations of the Local Government Code of 1991 (Sec. 20, RA 7160);7. To provide guidelines for the appropriate use of natural resources;

    8. To allocate land for settlements, industries and other urban uses on land leastsuitable for agricultural and farming uses;

    9. To serve as basis for reclassifying and converting land;

    10. To reflect changes in the physical, social and economic characteristics of thecommunity; and

    11. To incorporate changes in the goals and objectives of the community

    Approaches to CLUP FormulationIt is recommended that LGUs adopt a combined bottom-up and top to

    bottom approachin preparing the CLUP as presented below:

    Integration of Barangay Development Plans (Bottom-Up Approach)Under the Local Government Code of 1991, the Local Development Councils, in the caseof barangay, the Barangay Development Councils are tasked to Barangay DevelopmentPlans to be submitted to the Sangguniang Barangay for review and approval. Thus,integration of Barangay Development Plans into the city or municipal plan is onemethodology which the LGUs can adopt in the formulation of the CLUP. The integrationaims to harmonize development goals and objectives of all barangays in cities ormunicipalities. It also identifies and reconciles inconsistencies and incompatibilities in

    land use proposals among adjacent barangays.

    Top to Bottom ApproachIn the absence of barangay and municipal development plans, the local planners adoptthe top to bottom approach to planning. In this case, the Provincial Land UsePlan/Physical Framework Plan (PPFP), if available, may serve as basis and framework forthe formulation and updating of the CLUP without precluding consultation withcomponent LGUS. In the absence of a Provincial Land Use Plan (PPFP), other higher levelplans may serve as bases for the formulation, such as the Medium-Term DevelopmentPlan, Regional Physical Framework Plan, metropolitan or other cluster area developmentplans (i.e. MIMAROPA, CALABARZON, etc.). Likewise, detailed area-specific plans such

    as coastal management plans, waste management plans, forest land use plans,heritage preservation plans, etc. shall be considered and integrated in the course of thepreparation of the CLUP if such plans have already been prepared/approved. Theincorporation of such plans shall be subject to review and harmonization with thecity/municipal vision, goals and objectives.

    Four major land use components of the Land Use Policy Guidelines which form theNational Framework for Physical Planning, namely:1. Settlements - land uses and physical resources involving some degree of urban orrural concentration and their associated demand and supply requirements2. Production - focused on economic production from the extractive to the modernservice sectors.3. Protection - resources that need to be protected, conserved, rehabilitated, includingareas that require prevention and mitigation of disasters.4. Infrastructure - deals with capital investments that support spatial integration,production efficiency and social service delivery.

    Linkage of the Comprehensive Land Use Plan to the Provincial Physical Framework Plan(PPFP) and other Plans

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    1. The national, regional and provincial physical framework plans are policy orientedand indicative in nature, where different land use categories such as forest lands andagricultural lands are categorized into protection and production land uses.2. The broad allocation of land uses in the level of physical framework plans is treatedin detail in the Comprehensive Land Use Plan. The goals and objectives of theframework plans are considered in the formulation of the CLUPs.3. The local plans shall have the following relationships to the other plans existing in thecountry:

    a. Provincial plans shall promote the goals and objectives provided for in the nationaland regional plan and shall provide the guidelines for the preparation of city andmunicipal plans.

    b. The city and municipal Comprehensive Land Use Plans shall be consistent with andsupportive of the goals and objectives in the provincial plan and shall provide theguidelines for the development of plans for parts of the city or municipality such as thebarangay.

    c. The barangay plan and other area specific plans, such as heritage area plan,ancestral domain plan etc., shall be consistent with the vision, planning goals and

    objectives set forth in the city or municipal plan of which it forms part and shallfurthermore, provide the guide to plans of smaller scale such as neighborhood orcommunity.

    PA 21 has five goal elements1. Poverty Reduction

    2. Social Equity

    3. Empowerment and Good Governance

    4. Peace and Solidarity

    5. Ecological Integrity

    Effects of urbanisation1. Change ina. urban density

    b. administration service

    2. It involves changes in the economic, social and political structures of a region.

    3. Rapid urbanisation is responsible for many environmental and social changes in theurban environment and its effects are strongly related to global change issues.Urban and Rural Land Use Planning / Development/ Zoning Supplemental Handouts 14

    2011 Real Estate Consultants Comprehensive Course

    4. The rapid growth of cities strains their capacity to provide services such as energy,education, health care, transportation, sanitation and physical security.

    Limitations imposed by zoning ordinances:1. Land Use Plan or map

    2. Height Restriction

    3. Others:

    a. HLUB minimum standards, rules & regulations

    b. Minimum open space per lot imposed by the Building Code

    Zoning Innovations:1. Planned Unit Development (PUD)

    2. Industrial Performance Standards

    Controls in Land Use Allocation:1. Market Controlleda. Most urgently needed use

    b. Most profitable use

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    c. Greatest economic return

    2. Government Controlleda. Zoning ordinances

    b. Land Use Plan

    c. Building Codes

    3. Privately Controlleda. Deed of restrictions

    b. Subdivision homeowners regulation

    3. Environmental Controlsa. Water quality

    b. Historical preservation

    c. Waste handling

    d. Air quality

    e. Wildlife protection

    f. Noise levels

    Problems of Urbanization:a. Rise in criminality

    b. Deterioration of housing quality

    c. Deterioration of Basic Services

    Causes of Urban Problems:a. Overpopulationb. Rapid rate of urbanization

    c. Increasing disparity of income

    d. Socio-political impacts of the above to residents

    Suggested solutions to urban problems:a. Redevelopment

    b. New Town Development