Land Use Planning - Grp 1

LAND USE PLANNING

GROUP 1

Ablaza

Bulanadi

Lee

Pasion

Suguitan

INTRODUCTION

Throughout human history, land has played a significant role in society.

“The locus of productive activities and a source of political power of men” (PLCPD, 2004).

The 1976 UN Conference on Human Settlements declaration likewise considers land as the principal instrument in fostering “social justice, development, provision of decent dwellings, and health conditions, and therefore should be used in the interest of the society as a whole.”

In the Philippines, efforts on sound land use have been undertaken by the government since the 70s.

The Forestry Reform Code (1975)

Comprehensive Agrarian Reform Law (1988)

Indigenous Peoples Rights Act (1997)

Agriculture and Fisheries Modernization Act (1997) to ensure that land is utilized properly.

(a) confusion due to inconsistent laws on land utilization;

(b) continued negative environmental effect on land;

(c) unabated conflicts among

WHAT IS LAND USE PLANNING? Proper management of land resources to promote the public interest and general welfare.

Promotes the optimal use of limited resources to answer present needs without compromising the

needs of future generations.

Multi-stakeholder policy output wherein competing uses of land arise among the various users.

WHY DO WE NEED A NATIONAL LAND USE POLICY?

Land development initiatives were done without going through the process of finding a compromise solution to conflicting interests. And because there is no clear, sound and modern framework to guide such compromise, this practice has led to the worsening of problems associated with poor land use such as traffic congestion, informal settling, poor public sanitation, pollution, inefficiency of public services delivery and environmental degradation.

STATUS OF COMPETING LAND USES

In the Philippines, lands are categorized as: protected areas, alienable and disposable, and privately-owned lands

Of the total Philippine land area of 29.8million hectares, 15.88 million hectares are forestlands or protected areas and 14.12 million hectares are alienable anddisposable lands of which sixty-five percent (64.8%) are titled and privately owned (Llanto and Ballesteros, 2003).

COMPETING USES OF LAND

There are five main uses of land:

economic and commercial uses,

food production,

shelter,

environment preservation and

preservation of indigenous peoples

ECONOMIC AND COMMERCIAL USES

Land is a primary input in the conduct of economic and productive activities for the Filipinos’ general welfare. Though the State has the sovereign right to control and supervise the exploration, development and utilization of the country’sland and other natural

ECONOMIC AND COMMERCIAL USES AND FOOD PRODUCTION

The creation of special economic zones and industrial parks are mechanisms of giving a premium to the economic or commercial use of large tracts of land. However, this economic and commercial use of land may, at times, be in conflict with the food production role of land


This conflict between

the

economic and food

security

is llustrated by the

actual state of

agricultural lands

available in the

country


An average of 1,310.72 hectares of

agricultural land was converted in period

1990 to 2004, with a total of 43,141.64

hectares converted to other uses


The significant decrease in the size of lands available for agricultural

purposes has contributed to the reduction of land for rice production. In

2000 the Philippines was one of the Asian economies that experienced a

significant decrease in the lands devoted to rice

SHELTER

According to the Medium Term Philippine Development Plan (MTPDP) 2005- 2010, there is an estimated 3.7 million housing need for the plan period

Because of the limited space available for mass housing, there is now congestion particularly in urban areas, and this is where the use of land for shelter comes in conflict with other interests.

SHELTER

Due to the rapid need of urban centers for housing and the lack of a national land use policy to guide planners, lands allocated for other purposes near these areas (such as agricultural) are utilized for housing.

SHELTER

The tension between continued use of certain lands for agriculture and the demand of rapid urbanization has led to conflict among various interested parties such as land developers, agricultural workers and landowner

ENVIRONMENT PROTECTION

According to the Department of Environment and Natural Resources (DENR, 1997), the Philippines’ natural resources “have been, and continue to be,subjected to numerous yet conflicting usesthat include forest production (for wood and other forest products like resin, pulp and paper), food production, human settlements, watershed, tourism/recreation, mineral production, energy production, biodiversity conservation, industrial site, and other economic activities or any combination of the above.”



Suffice it to say that because of this overexploitation, the Philippines’ forestlands continue to dwindle.

The size of our forests and forestlands is critical to securing the country’s water resources in the future. Their denudation contributes to watershed degradation which affects the country’s watersupply.


The size of our forests and forestlands is critical to securing the country’s water resources in the future. Their denudation contributes to watershed degradation which affects the country’s water supply.

Conflicting land uses and practices, inappropriate land classification and disposition of watershed areas, and unabated encroachment and illegal occupancy within watershed areas are some of the unresolved issues that threaten watershed resources.

INDIGENOUS PEOPLES (IPS)

In the Philippines, the State is mandated to protect the rights of IPs to their ancestral domains to ensure their economic, social and cultural well-being and to recognize the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain (RA 7381).

However, many of these claims are still being disputed and in conflict with various interest groups on land utilization.



In 2002, the NCIP Legal Affairs Office handled seven (7) legal cases related to ancestral domains. One of these was the opposition of the residents of Sinacbat, Bagu, Dalipey, and Bakun, Benguet to the construction of a diversion tunnel from Panagan to Takbo Weit, Bakun, Benguet.

Another example is the well-publicized conflict of the Bugnayons of Kalinga and Apayao provincessurrounding the proposed construction of the Chico Dam in the 70s(NCIP, 2002). The alleged destructive effects of the construction of the large infrastructure project near indigenous communities and on the soil and flora and fauna in the region were the basis of the complaints of the people. Because of this large-scale protest, the project was aborted.


Given the aforementioned, it can be deduced that the lack of a national land use policy has resulted in confusion on land utilization and also has, in several instances, resulted in negative effects among stakeholders.

REQUISITES OF A ‘SOCIALLY DESIRABLE’ LAND USE POLICY

A RATIONAL LAND USE REGULATION

Ineffectiveness of government agencies; ambiguity of the priorities set by the authorities.

Zoning regulations are identified as effective mechanisms to reduce land use conflicts. It is used to

assign specific uses, or prohibit particular uses of certain lands, to overcome environmental and

other externalities.

LAND USE POLICY SHOULD BE AN END RESULT OF A PARTICIPATIVE AND DEMOCRATIC PLANNING PROCESS.

Land use planning should provide an opportunity for stakeholders to actively participate in a

planning process.

LAND USE POLICY SHOULD INCLUDE LOCAL CAPACITY BUILDING AND INSTITUTIONAL LINKAGES

Local capacity building is needed to addressthe inadequacy of local officials in understanding how property rights combined with collective action can be utilized for land resource allocation and management

Similarly local capacity building in the area of land valuation and taxation, information dissemination, conflict resolution, land use planning and basic economic concepts are also needed to assist local governmentsin handling administrative functionsdevolved by the national government.

LAND USE POLICY SHOULD BE PART OF THE LONG-TERM NATIONAL DEVELOPMENT STRATEGY

integrating land use policy into a long-term national development mechanism can provide continuity and an institutional framework to guide policymakers on land utilization.

RECOMMENDATIONS

In the context of a yet unbalanced fiscal position, confounded legal instruments and inharmoniousinstitutional set-up, the challenge to enact a national land use policy in the Philippines becomes even larger

ENCOURAGE ZONING ORDINANCES BY ENHANCING PLANNING CAPACITY OF LGUS

Most land resource classifications and allocation activities are still performed by the national government asin the case of land classification which is largely a function of the DENR. The Local Government Code of 1991, on the other hand, empowersthe Sangguniang Bayan to formulate comprehensive land use plans (CLUPs), adopt zoning and subdivision ordinances or regulations.

STRENGTHEN AND HARMONIZE INSTITUTIONAL LINKAGES

Based on the findings of DENR in 1997, while institutional roles are fairly well defined for land use planning, existing linkages among land use plans and involved agencies are generally weak or almost non-existent due to structural, administrative and political factors (DENR, 1997). In addition, not all local authorities have the technical expertise and access to information.

Because of this, linkages between the national planning institutions and implementing agencies of land use related laws must be strengthened and harmonized. Land use regulation of adjoining local authorities should be coordinated and harmonized as well. The policy directions and investment programs set by the national development plans should be closely reflected in the land use regulations of the local governments.

REVIEW AND ASSESS EXISTING LAWS.

Although the Philippines has adopted many local and national laws related to land ownership, land

management and land use, the level of implementation and the measure of policy outcomes of these

regulations are not known to implementors and benefactors alike.

A thorough review and evaluation of these laws can help decision-makers and planners pinpoint the

areas of conflict and duplication as well as the weak points.

CONSIDER OTHER REQUISITES SUCH AS LAND CLASSIFICATION AND LAND ADMINISTRATION MEASURES.

Review of the land classification system and definitions to better reflect the reality of land use and

occupation/ ownership, as well as formally free up alienable and disposable land that is already in

sustainable use or has a potential to be used.

Conduction of a cadastral survey of all parcels of land that will be part of the record of the

government.

CASE STUDY – BACOOR, CAVITE

PROPOSED LAND USE PLAN

BACKGROUND

The proposed land use plan was made with the general purpose of guiding the municipality’s spatial directions and overall growth towards attaining its vision of a progressive, well-developed, self-reliant, peaceful, healthy and environment-friendly city taking the physical as well as socio-economic conditions prevailing in the area including proposed infrastructure programs and projects

OBJECTIVES

The proposed land use plan aims to:

1. Channel future growth into the most suitable locations and provide opportunities to intensify land utilization in the present urban area

2. Conserve environmentally-constrained areas while providing opportunities to enhance the economic outputs of the municipality

3. Provide an efficient service network for the municipality.

DEMAND FOR URBAN LAND

The land area requirement for the 10-year planning period was determined using the aggregate approach anchored on the projected increase in population. Table 5.1 shows the estimated demand for urban land.

The computations reveal that the population in 2011 would need at least 53.98 has. to a maximum of 6,989.96 has. of urban land.

ESTIMATED SUPPLY OF URBAN LAND

The gross potential supply of urban land is estimated by deducting areas not suited to urban land use. Table 5.2 below shows the estimation of the potential supply of urban land. There is a potential supply of 4,352.96 hectares after deducting the areas not suited and proposed for urban development such as Environment Park, buffer zones and cemetery.

PROPOSED GENERAL LAND USE PLAN

The proposed land uses and areal distribution are provided in Table 5.3

URBAN CORE AREA

This area is the business and commercial center of the town with the supportive reAsidential, institutional, and recreational type of activities. The area includes the present central business district (CBD) and its immediate outlying areas characterized by high density land utilization.

Being the traditional commercial-residential center of the municipality, the area will be the focus of urban renewal efforts. This area covers the barangays of Sineguelasan; Banalo; Alima; Campo Santo; Tabing Dagat; Daang Bukid; Digman; Kaingin; Dulong Bayan; Mabolo 1,2,3; Salinas 1,2,3,4; Habay 1,2; Real 1,2; Panapaan 1,2,3,4,5,6,7,8; Maliksi 1,2,3; Talaba 1,2,3,4,5,6,7; Zapote 1,2,3,4,5; Aniban, Ligas 1,2; Niog 1,2,3; and Mambog 1,2,3,4.

URBAN EXPANSION AREA

This area will absorb the urban core expansion requirements of the municipality. Urbanization would be promoted and enhanced in this area. This area refers to the vast track of land spanning Molino 1,2,3,4,5,6,7; San Nicolas 1,2,3; Ligas 3; Bayanan; Mambog 1,2,3,4; and Queen’s Row West, East, and Central.

The area, which may be developed as a new town, would be a mixed development of low to medium density residential neighborhood with commercial and institutional facilities. The place is envisioned to be a community for people to live, work, and take leisure. This area would be the site of the proposed municipal hall, specifically in Molino 3.

AGRICULTURAL DEVELOPMENT AREA

This area in Molino 4 would be utilized for cultivation, pastoral activities, livestock production, integrated farm operations, etc. The Strategic Agriculture and Fishery Development Zone (SAFDZ) in San Nicolas 1 and 2 is likewise included in the Agricultural Development Area.

ECOLOGICAL DEVELOPMENT AREA

Located in Molino 4, this area would be the site of the proposed Environmental Park.

LIGHT INDUSTRIAL AREA

This area would be allotted for light industrial activities, particularly non-

pollutive/non- hazardous and non-pollutive/hazardous activities only.

Complementary uses including workers’ housing and neighborhood

commercial activities would be allowed in this area.

COASTAL DEVELOPMENT AREA

The Coastal Development area covers the waterfront areas of the municipality’s coastal barangays. The development of this area would be limited to agri-fishery and agri-tourism type of activities. Sineguelasan; Alima; Tabing Dagat; Digman; Kaingin; Maliksi 1,3; Talaba 1,2; and Zapote 5.

Complementary uses allowed in this area include residential, commercial, institutional and recreation activities provided they are in conformity to existing laws and policies.

OPEN SPACE / PARKS

The existing open space in the municipality would be enhanced by the planting of trees. The existing plaza and parks in the different subdivisions in Bacoor would be developed as breathing spaces for the residential areas. Construction of more parks would be encouraged to upgrade the visual component of the town.

BUFFER ZONES

The buffer zones refer to parks or open spaces intended to separate incompatible land uses to control pollution and nuisance as well as define the areas where no permanent structures would be allowed.

All existing waterbodies, rivers and streams would have an easement of at least 3 meters on both sides of the waterbodies.

The buffer zones would be established in areas between incompatible land uses and along the roads.

PROPOSED ZONING PLAN

ZONE CLASSIFICATION

For the purpose of implementing the proposed Land Use Plan, the municipality would have the following zones:

Urban Core Zone (UCZ)

Urban Expansion Zone (UEZ)

Agricultural Development Zone (ADZ)

Ecological Development Zone (EDZ)

Light Industrial Zone (LIZ)

Coastal Development Zone (CDZ)

GENERAL LAND USE POLICIES

The Land Use Plan was formulated to provide opportunities for the maximum utilization of land within an environmentally based and development-oriented framework.

The following are broad policies that the plan espouses:

Provision of a mixed clustering of uses that would result in the proximity of residence to workplace, recreation, and other interrelated functions

Minimization of the costs of public services and utilities by providing a mechanism for a compact urban growth pattern

Guiding of development at the site level to ensure harmonious, compatible, and high quality developments

Conservation of environmental resources

Improvement of the development approval process.

The following policies are proposed:

Allowable land uses in both Urban Core Zone and Urban Expansion Zone include medium intensity residential and commercial developments, detached residential units, and neighborhood stores. These zones would allow medium to high intensity mixed use developments provided they are compatible with each other.

The following policies are proposed:

Existing urban developments such as commercial, industrial, residential and institutional activities in the Urban Core Zone and Urban Expansion Zone would remain and new developments allowed provided they conform to the applicable laws and policies.

The Light Industrial Zone would allow light industrial developments provided they are non-pollutive/non-hazardous and non-pollutive/hazardous.

LAND USE REGULATIONS

The municipality would adopt land use intensity regulations based on floor area ratios and building height limits as shown in Table 5.5.

VARIOUS LAWS ON LAND USE PLANNING

SUMMARY

In summary, Land Use Planning is very essential to the development of a macro to micro setting, it organizes the use and function of every area and allocate its best use. However, Land Use Planning may encounter challenges due to different vision of users that tends to convert the uses into another which causes imbalance.

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Land Use Planning - Grp 1