CLUP Framework - LGRC DILG 10

What is a ComprehensiveDevelopment Plan ?• The document/s , including maps, charts andother materials embodying goals andobjectives, policy guidelines strategies andproposals for over-all socio-economic growthand development of the area– Source – The Language of Environmental Planning in thePhilippines , by Endriga, Elum, Yap and Alcalde, School ofUrban and Regional Planning, University of the Philippines,Quezon City, 2004

What is a ComprehensiveDevelopment Plan ?• It has also been defined as an integrated series ofdecision documents, including maps specifying thenature of future physical, social, economic andenvironmental development of the Urban Zone asoutlined in the Concept Plan, consisting of, amongothers, a land use plan, including area phasing,sectoral programs, land acquisition and dispositionprograms and capital improvement programs– Source : The Language of Environmental Planning in thePhilippines , ibid.

Why Comprehensive & Integrated ?• It covers the entire territorial jurisdiction of the localgovernment unit ( city or municipality) ( forest,lowland, coastal );• It incorporates national policies and links (or isintegrated )with other (higher level) plans;• It is based on the detailed scientific analysis of socioeconomic(including demographic), physical andenvironmental data and projected conditions of theplanning area; and• It contains multi - sectoral goals, plans, strategiesprograms and projects , e.g., for production,settlements development and protection .

What is a LAND USE PLAN ???An essential component of thecomprehensive development plan, itdesignates the future use or reuse of theland and the structure built upon the landwithin a given jurisdiction’s planningarea and the policies and reasoning usedin arriving at the decisions in the planIt projects public and private landuses in accordance with the plannedspatial organization of economic andsocial activities and the traffic of goodsand people

What is Land Use Planning ?• It is the systematic approach / process foridentifying, classifying and locating urban land,which is achieved by analyzing the socioeconomicneeds of the population inconsideration of the physical and naturalattributes of a city / municipality– Source: National Urban Development andHousing Framework

Relationships of Dev’t. & Land Use PlansNationalMedium Term PhilippineDevelopment PlanNational Urban Developmentand Housing FrameworkNational Frameworkfor Physical PlanningRegionalRegional Development PlanRegional PhysicalFramework PlanProvincialProvincial Development PlanProvincial PhysicalFramework PlanCity /MunicipalComprehensive Development PlanLocal Shelter PlanComprehensive LandUse Plan (CLUP)Zoning Ordinance

Who are the Actors in Planning ?GovernmentPrivate SectorDevelopment CouncilCivil SocietyProfessional Staff

Why Plan ? ??Land is a finite resource butpopulation continues to grow year afteryear requiring more land for housingand other urban uses, agricultural areasfor food production and more forest fortimber production and watershedprotection. Therefore, the need toallocate land judiciously anddiscriminately

LEGAL BASES of PLANNINGLocal Government Code- Sec. 447 and 458, R.A. 7160Constitutional Provisions onNational Economy and Patrimony- Article XII, 1987 ConstitutionExisting Laws on Land Use Planning

Constitutional Principles• “The use of property bears a social function,and all economic agents shall contribute to thecommon good. Individuals and privategroups… shall have the right to own,establish, and operate economic enterprises,subject to the duty of the State to promotedistributive justice and to intervene when thecommon good so demands.”- Art. XII, Sec. 6

Powers of Local Governments• Generate and maximize the use of resources andrevenues for the development plans, programobjectives and priorities of the city as providedfor under Section 18 of the Code, with particularattention to agro-industrial development and citywidegrowth and progress, and relative thereto,shall:– Prescribe reasonable limits and restraints on theuse of property within the jurisdiction of the city /municipality ;– Adopt a comprehensive land use plan for the city/municipality;

Powers of Local Governments• Regulate activities relative to the use of land,buildings and structures within the city/municipality in order to promote the generalwelfare ;– Source: Sec 447 and 458, subsec (a) (2) of R.A. 7160

Existing Laws on Land Use Planning• P.D. 933 as amended by E.O. 648 Series of1981 and E.O. 90, Series of 1986• Executive Order 72 Series of 1993• Sec. 6 of R.A. 7279 (UDHA)• Sec. 4 of R.A. 8435 (AFMA)

Why the Urgency of Planning ???• Continuing unmet needs of existing population as wellas projected increasing population for land for varioususes;• Demand for more cheap and accessible land for urbandevelopment;• Continuing issues / problems on conversion ofagricultural land to urban uses.• Accelerating transmigration of rural poor toCities/Urban Areas, seeking employment.• Ongoing environmental degradation;• Fragmented laws constrain development

Objectives of Land Use Planning1. Promote the efficient utilization, acquisitionand disposition of land as a limited resources;a) Make sure there is enough for our future generations to useand enjoy while addressing the needs of the present times2. Influence, direct and harmonize decisions andactivities of the public and the private sectorsaffecting the use, management anddisposition of lands;

Objectives of Land Use Planning3. Reconcile land use conflicts between andamong individuals and government agenciesrelating to present needs and anticipateddemands for land;4. Promote desirable and efficient patterns ofland uses and prevent premature and wastefuldevelopment and minimize the cost of publicfacilities, services and infrastructure;

Objectives of Land Use Planning5. Protect and preserve valuable agriculturalareas consistent with the need topromote industrialization;6. Maintain ecological balance thru Control ofdevelopment in critical areas such as floodplains and watershed areas;7. Integrate programs and projects on landresources development among landdevelopment agencies;

Objectives of Land Use Planning8. Conserve areas of ecological, aestheticand historical values and maintain andprotect natural open areas and areas ofsignificant views;9. Promote and implement a shelter plan• Thru Identification of sites suitablefor housing; and10. Promote an efficient circulation system

Overview of the Process• It utilizes the planning methodology whichincludes: data gathering, problem identificationand situational analysis; goals / objectivesformulation; generation of alternative spatialstrategies; evaluation and selection of preferredstrategy; formulation of the plan; adoption,review and approval; and implementation andmonitoring– Source: National Urban Development andHousing Framework

The NUDHF and Planning• The framework shall refer to the comprehensive plan for urban andurbanizable areas aimed at achieving the objectives of the Program.In the formulation of the Framework, a review and rationalization ofexisting town and land use plans, housing programs, and all otherobjectives and activities of government agencies and the privatesectors which may substantially affect urban land use patterns,transportation and public utilities, infrastructure, environment andpopulation movement shall be undertaken with the concurrence of thelocal government units concerned.– Source : Sec. 6, R.A. 7279

Agricultural Considerations in Planning• AFMA (RA 8435)– Sec 4. – Localgovernment unitsshall continue toprepare CLUPsbut must integrateNPAAAD andSAFDZ in landuse plans andzoningHLURB to review andensure integration ofSAFDZ in all CLUPs– LGUs Given one yearto complete CLUPs

Forestry Considerations in Planning• NIPAs Law (RA 7586)– Declared protectedareas as not subject tosettlement, dispositionor development– Called for theestablishment ofProtected AreaManagement BoardsEach PAMB maypromulgate own landuse and managementprogram

Steps in CLUP Preparation1IDENTIFICATION OF KEY ISSUES ANDASSUMPTIONSSTAGE 1SITUATIONANALYSIS234DATA COLLECTION AND INVENTORYSITUATION ANALYSISGOALS/OBJECTIVES SETTINGPUBLICCONSULATIONNUMBER 1

5STAGE 2CONCEPTUA-LIZATION6GENERATION OF ALTERNATIVESPATIAL STRATEGIESEVALUATION AND SELECTION OFPREFERRED SPATIAL STRATEGYDEVELOPMENTPUBLICCONSULATIONNUMBER 27STAGE 3DEVELOPMENTPLANNING8DETAILING AND REFINEMENT OFPREFERRED STRATEGYFORMULATION POLICIES ANDIMPLEMENTATION TOOLS25

9STAGE 4PLAN IMPLE-MENTATION10PLAN ADOPTION ANDLEGITIMIZATIONIMPLEMENTATION, MONITORINGAND FEEDBACKPUBLICCONSULATIONNUMBER 3

Recent HLURB Initiatives RecognizingValue of Land Use Planning• Dispensing with Certificate of Exemption as Requirementfor Issuance of Development Permit and License to Sellof Housing Projects Located in Areas Zoned forResidential Zone in duly approved CLUPs– Res No. 725 s 1992; Res 725-A s 1993;• Dispensing with Order of Conversion as Pre- LicenseRequirement for Housing Projects in Areas Zoned forResidential Use in duly approved CLUPs– Res No. 768 s 1993

Conclusions• Preparation of a Good Local ComprehensiveDevelopment Plan , one that is Strategic andParticipatory in Approach, is essential prerequisite forsuccessful shelter plan• Properly Prepared Comprehensive Land Use Plan willeventually obviate need for piece meal approval ofconversion of agricultural lands;• Suitable Location of Housing Projects best determined inLand Use Plan;• Site development plans of housing projects must beconsistent with comprehensive development and land useplan