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 private commodity 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 make use of land resources. 3. Industrial -This urban land use class refers to manufacturing areas consisting of factories. 4. Institutional -The urban land use class includes public or government areas and special 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 land have not been considerably altered or modified. 7. Combined or multiple land uses- type of land uses when land uses can be combined in 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 about changes, alterations, and modifications so much so that it preempts the original use or it 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 in which people live, without being specific as to size, population or importance. 10. Linear-where the settlement has developed along a line, the kind of settlement according 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 of settlement according to shape. 13. Market towns- these areas are found in fertile farming sites and has many services e.g. shops and offices, the kind of settlement according to function. 14. Industrial towns- these areas have railways and canals for transports and housing and industry mixed together, the kind of settlement according to function 15. Urban Settlements- they contain a heterogeneous population consisting of different ages, cultures and ethnicities. They are more expansive and contain a wide range of land uses. 16. Rural settlements- are more or less self-contained and may not use zoning controls or have limited planning and development regulations. They rely on a local and agricultural-based economy with dependencies on services, such as hospitals and educational establishments in nearby urban centers. 17. Planning- is an anticipated list of activities for the achievement of a target by a unit or person 18. Land use planning -refers to the rational and judicious approach of allocating available land resources to different land using activities.

19. Land use map- is a visual representation of the plan and shows how land or the structures on the land are used over a particular period of time. 20. Land use plan- a document that outlines the preferred future spatial arrangement of land uses, with a set of proposed actions to turn the plan a reality. 21. Comprehensive Land Use Plan - refers to a document embodying specific proposals for 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 the principal instrument for implementing the CLUP. 24. Protection -it is a land use policy area referring to resources that need to be protected, conserved, rehabilitated, including areas that require prevention and mitigation of disasters. 25. Infrastructure- is a land use policy area which deals with capital investments that support spatial integration, production efficiency and social service delivery. 26. Production -It is a land use policy area which is focused on economic production from the extractive to the modern service sectors. 27. Urbanisation -is a spatial (non-spatial) and social process which refers to the changes of behaviour and social relationships that occur in social dimensions as a result of people living in towns and cities. 28. Sustainability- is a process which tells of a development of all aspects of human life affecting 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 and gas, have bearing on the use of the land and its classification. Basic Land Components - include the rock types, climate, geologic structure, and other subsurface features. For urban development, hard rocks are considered good foundation for buildings while faulted rocks limit the kind and intensity of uses that land can accommodate. Manifest Land Components - include soils, landforms, topography, and vegetation. Soils are 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 may be cultivated and developed only at great risk. Presence of Minerals, Oil and Gas The presence of these products of geologic processes, which are entirely independent of human needs and convenience maybe an overriding influence on the use of land. CLASSIFICATION OF LAND USES Non-urban land uses may be categorized broadly into:

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 subdivisions and traditional neighborhoods) 2. Office and commercial (tertiary or service activities found in shopping and office complexes, arcades, in major commercial districts and local neighborhood centers) 3. Industrial (manufacturing areas consisting of factories, industrial plants and complexes 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 greenery and 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, population density, transportation networks and economic dependencies. Demographics. Urban settlements contain a heterogeneous population consisting of different ages, cultures and ethnicities, whereas rural areas contain a more homogenous population based on family, similar ethnicities and fewer cultural influences. Land Area and Usage. Urban settlements are more expansive and contain a wide range of land uses. For instance, major metropolitan areas use density zoning to indicate different levels of development. In contrast, rural settlements are more or less selfcontained and may not use zoning controls or have limited planning and development regulations. 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; including contiguous 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 999 people per square mile. Transportation Network. Rural transportation networks consist of local and county roads with limited interconnectivity to rail and bus lines. Urban settlements contain highway infrastructure 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 with dependencies on services, such as hospitals and educational establishments in nearby urban centres. Urban Settlements. Most governments define urban settlements based on one or a combination of criteria, including population size, population density, and social and economic factors, such as the proportion of the labor force engaged in non-agricultural activities; the administrative or political status of a locality, such as national, provincial, or district capitals, or census designations. (Hardoy et al., 2001)

Rapid urban growth reflects migration of people to cities as well as natural population increase 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 in the 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. It outlines the integrating strategies for the countrys overall sustainable development and identifies the intervention areas (Action Agenda) from the national to the regional level, along with the corresponding implementing platforms and plans. 2. Executive Order 72 was issued providing for the preparation and implementation of the 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 gives a 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 user groups and for different functions consistent with the development plan of the area and the program under this Act. The extent of comprehensiveness and the focus of land use planning process as well as the preparation of the CLUP defined within the bounds of 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 which shall govern land use plans and zoning ordinances of local governments 5. The Local Government Code of 1991 Section 468, 2, Article III, Chapter 3, Book III(vii) Review the Comprehensive Land Use Plans and zoning ordinances of component cities and municipalities and adopt a Comprehensive Provincial Land Use plan, subject to 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 and other subjects for a permanent or temporary community in which people live, without being specific as to size, population or importance. A settlement can therefore range in size from a small number of dwellings grouped together to the largest of cities with surrounding urbanized areas.

A conurbation is a region comprising a number of cities, large towns, and other urban areas that, through population growth and physical expansion, have merged to form one continuous urban and industrially developed area. Kinds of Settlements according to function: 1. Ports a. Found where there are sheltered harbours b. Flat land for building on nearby c. Modern ports need deeper water for todays larger ships d. Many ports has gone through a lot of redevelopment 2. Seaside Resorts a. Close to industrial areas with large populations, with good rail and roads b. On the seafront are hotels and entertainments such as pubs and bingo c. Guest houses are found inland where the land is cheaper to buy d. Housing found further inland, with industry on the outskirts e. Promenades pedestrian roads along the front of the resort

PLANNING Planning Process 1. Identification of Problem 2. Goal Setting 3. Data Gathering 4. Strategies and Approaches 5. 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 city and local stakeholders in order to reach the stated goals and objectives Elements of a planning system Different types of planning between sectoral and technical planning (e.g. transportation planning 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 planning o participation, conservation of land resources or balancing of regional disparities. In a democratic system the overall goals of planning correspond to the fundamental principles 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 a horizontal linkages between the various technical and partially integrative processes. Rules The set of rules for the participation of those people affected by planning and their representation 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 functions consistent 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 and projects. based on consideration of physical planning standards, development vision, goals and objective, analysis of actual and potential physical conditions of land and development 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 as initiating and monitoring its implementation.

 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 value studies. 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 analysis for decision-making and recommendations. Land use planning objectives: 1. To promote the efficient utilization, acquisition and disposition of land and ensure the highest and best use of land; 2. To direct, harmonize and influence discussions and activities of the private and public sectors relative to the use and management of land; 3. To reconcile land use conflicts and proposals between and among individuals, private and government entities relative to the present and future need for land; 4. To promote desirable patterns of land uses to prevent wasteful development and minimize 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 is acceptable as far as: - the social and environmental contexts are concerned and is desired by the society while - making sound economic sense. The basic elements of the land use plan: 1. Statement of broad goals and local objectives. The objectives may have corresponding objectively verifiable indicators useful in the monitoring and evaluation stage 2. Discussion and analysis of existing trends in the use of and the avoidance of non-use, misuse, and abuse of land 3. A presentation of future land use requirements and scenarios, including a statement of 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 map usually accompanies the document) 5. The identification of proposals involved and the policies implied in each

CLUP is an instrument of the technical co-operation used in the following types of projects: 1. resources management (forestry, production systems compatible with resources and agro-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 sector planning, development planning, assessment of land potential) The need for interventions at local level by external organisations can have various 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 be forced Prerequisites for land use planning - How to deal with those conditions in a LUP process as well as the limits for LUP intervention. - One important condition for implementing planned agreements is the existence of a clearly defined need and, in conjunction with this, of clear objectives shared by all participants 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 carried out: 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 actual situation. The CLUP is primarily a guide for the management by the LGU of its entire territorial jurisdiction. 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 includes all component barangays and the city/municipal waters extending 3 kilometers from shoreline for coastal LGUs. Thus, the CLUP shall cover both land and water resources of the city/municipality. Planning Period - the CLUP covers a planning period of 10 years at the minimum. It may be reviewed every 3 years coinciding with the term of the Mayor and other locally elected officials, for their appreciation and for continuity of plan implementation. Such review will also provide an opportunity for the incumbent or incoming Mayor and local officials to harmonize the new administrations development agenda with the approved CLUP 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 and projects identified in the plan, to ensure attainment of the development vision/goals/objectives. Rationale for the Formulation/Revision of a Comprehensive Land Use Plan 1. To achieve an improved quality of life;

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 least suitable 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 the community; and 11. To incorporate changes in the goals and objectives of the community Approaches to CLUP Formulation It is recommended that LGUs adopt a combined bottom-up and top to bottom approach in 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 case of barangay, the Barangay Development Councils are tasked to Barangay Development Plans to be submitted to the Sangguniang Barangay for review and approval. Thus, integration of Barangay Development Plans into the city or municipal plan is one methodology which the LGUs can adopt in the formulation of the CLUP. The integration aims to harmonize development goals and objectives of all barangays in cities or municipalities. It also identifies and reconciles inconsistencies and incompatibilities in land use proposals among adjacent barangays. Top to Bottom Approach In the absence of barangay and municipal development plans, the local planners adopt the top to bottom approach to planning. In this case, the Provincial Land Use Plan/Physical Framework Plan (PPFP), if available, may serve as basis and framework for the formulation and updating of the CLUP without precluding consultation with component LGUS. In the absence of a Provincial Land Use Plan (PPFP), other higher level plans may serve as bases for the formulation, such as the Medium-Term Development Plan, Regional Physical Framework Plan, metropolitan or other cluster area development plans (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 the preparation of the CLUP if such plans have already been prepared/approved. The incorporation of such plans shall be subject to review and harmonization with the city/municipal vision, goals and objectives. Four major land use components of the Land Use Policy Guidelines which form the National Framework for Physical Planning, namely: 1. Settlements - land uses and physical resources involving some degree of urban or rural concentration and their associated demand and supply requirements 2. Production - focused on economic production from the extractive to the modern service sectors. 3. Protection - resources that need to be protected, conserved, rehabilitated, including areas 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

1. The national, regional and provincial physical framework plans are policy oriented and indicative in nature, where different land use categories such as forest lands and agricultural lands are categorized into protection and production land uses. 2. The broad allocation of land uses in the level of physical framework plans is treated in detail in the Comprehensive Land Use Plan. The goals and objectives of the framework plans are considered in the formulation of the CLUPs. 3. The local plans shall have the following relationships to the other plans existing in the country: a. Provincial plans shall promote the goals and objectives provided for in the national and regional plan and shall provide the guidelines for the preparation of city and municipal plans. b. The city and municipal Comprehensive Land Use Plans shall be consistent with and supportive of the goals and objectives in the provincial plan and shall provide the guidelines for the development of plans for parts of the city or municipality such as the barangay. 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 shall furthermore, provide the guide to plans of smaller scale such as neighborhood or community. PA 21 has five goal elements 1. Poverty Reduction 2. Social Equity 3. Empowerment and Good Governance 4. Peace and Solidarity 5. Ecological Integrity Effects of urbanisation 1. Change in a. 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 the urban 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 Controlled a. Most urgently needed use b. Most profitable use

c. Greatest economic return 2. Government Controlled a. Zoning ordinances b. Land Use Plan c. Building Codes 3. Privately Controlled a. Deed of restrictions b. Subdivision homeowners regulation 3. Environmental Controls a. 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. Overpopulation b. 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