Urban Related Policies

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Urban Design-related Policies

PREPARED BY: Ma. Cecilia Gendrano /Ma. Socorro Gacutan


International Policies Related To Urban Design

United Nations  Formulated by United


Sustainable Development Goal nations in 2015
(SDG)11
 Focused on “making the
cities inclusive, safe, resilient
and sustainable”
 making city “inclusive”
(ADB) “ensuring the poor and
vulnerable have access to the
services they need to better their
quality of life”. Equal access to
opportunities to housing,
education, and other social
services
SDG 11 Targets: by 2030 the following should be achieved

1. safe and affordable housing 7. Protect the world’s cultural and


natural heritage
2. Inclusive and sustainable
urbanization 8.Reduce environmental impact of
cities
3. Reduce adverse effects of
natural disaster 9. Strong national and regional
development planning
4. Provide access to safe and
inclusive green public spaces 10. Implement policies for inclusion,
resource efficiency and disaster risk
5. Affordable and sustainable reduction
transport system
11. Support least developed
6. Inclusive and sustainable countries in sustainable and resilient
urbanization building
What do policies bring for urban design?
• Legitimizes support for needed developmental projects
• Institutionalizes government priorities
• Institutionalizes allocation, budget support and budget source
• Assigns responsibilities, identifies responsible groups/agencies
• Grants ownership, tenure
• Grants rights

Types of Policies:
• Republic Acts/Batas Pambansa
• Presidential orders/Executive order
• Department Memorandum
• Agreements
• International Treaties, and resulting commitments
• Local government ordinances
• Subdivision building policies
• Development design guidelines for planned communities
The Local
Government Code of
1991
• The law devolves (transfer)
certain powers and
responsibilities to the local
governments including
partial management of local
resources, particularly
people, revenue, economy &
the environment, among
others.
• Within the governance power given to local government units is the power to
ensure the preservation and enrichment of culture, promotion of health & safety,
enhance the right of people to a balanced ecology, development & enrichment
of capabilities, enhancement of economic condition, promotion of employment,
maintain peace & order & preserve comfort & convenience of inhabitants
(Section 16).
The Local
Government Code of
1991
• TheLGC specifically requires that all local government units shall prepare,
formulate and implement their respective comprehensive land use plans, which is
made legal through the enactment of the related Zoning Ordinance (Section
20c)

• The Municipal LGU’s CLUP must be in accordance with the approved Provincial
CLUP or the Provincial Development Physical Framework Plan or PDPFP, in terms of
its formulation, adoption/implementation and modification (Section 447).
Policies & Legislations
affecting the CLUP
• Zoning ordinance must be
attuned to the currently valid
CLUP and to existing laws, rules &
regulations.
• Zoning ordinance and concurrent CLUP must prescribe reasonable limits and
restraints on the use of property within the jurisdiction of the municipality and city
(Sections 447 (municipality) & 458 (city)).
• Protection and conservation of
natural resources must be
enacted through municipal or city
ordinances, and accordingly
implemented (Sections 444 (mun.)
& 455 (city)).
• CLUP must constantly be
reviewed subject to current
laws/regulations (Section 468 &
Art III)
Executive Order 72 of
1993
• This order provides for the
preparation & implementation
of the CLUP by LGUs pursuant
to LGC of 1991, and subject to
the review and approval of the
provincial government and
HLURB.
• Formulation, implementation & update is within municipal LGU’s jurisdiction. CLUP
formulation guideline & regulation is within the power of HLURB.
• LandUse planning & zoning for Metro Manila is within the jurisdiction of each
municipality, with draft CLUP subject to the review of HLURB.
• HLURB reviews & approves CLUP of highly urbanized cities and independent
component cities including those of Metro Manila, based on formulation
guidelines. Provincial LGUs reviews & approves CLUP of municipalities and
dependent cities.
Presidential Decree
1517 of 1978
This order proclaims Urban Land
Reform in the Philippines and
related implementing
mechanism.

• In
order to support economic growth, the government is given free hand to
identify Areas for Priority Development.
• Such areas may be part of the urban landscape with low utilization values.
• Areasset aside for priority development should be made available, upon
consultation, by owners for said development.
• Provides
for the regulation of acquisition, use, development, enjoyment of
urban land for more profitable use
• Aims
to liberate communities from blight, congestion, hazards to promote
development and modernization
Presidential Decree
1517 of 1978
This order proclaims Urban Land
Reform in the Philippines and
related implementing
mechanism.

• Provides for land conversion for a more profitable use.


• Atpresent, this policy in conflict with current trends to stop agrarian land
conversion to residential use as provided for in revised CLUP regulations in order
to ensure preservation of NATURAL/ENVIRONMENTAL SYSTEMS of support for
human life like food production
• Is the policy (formulated in 1978) successful in preventing urban blight???
Climate Change Act of 2009 or RA9729
of 2009
• This law mainstreams climate change into government policy formulations
establishing the framework, strategy & program on CC, and creating for this purpose
& other purposes, the Climate Change Commission
• This law defines the important
role of LGUs in planning &
implementing mitigation &
adaptation strategies for
climate change.

National Disaster Risk Reduction &


Management Act or RA10121 of
• This
is the law that strengthens the nation’s disaster risk reduction & management
system, providing for the NDRRM framework and institutionalizing the NDRRM plan
and related appropriations (budget).
• It
declares that disaster risk reduction & management is a government priority,
with LGUs required to establish LDRRM offices that will identify risks & equivalent
mitigation measures, to be integrated into the CLUP
Urban Development &
Housing Act or Republic
Act 7279 of 1992
• This
is the law promoting
comprehensive & continuing
urban development & housing
program, and establishing related
implementation mechanisms.
• It
also provides the legal definition of Land Use Plan, which must be adopted by
all LGUs.

Executive Order Reorganizing the Human Settlement


Regulatory Commission or EO648 of 1981
This law recognizes the Human Settlements Regulatory Commission (now HLURB) as the
lead agency to formulate land use planning guidelines & standards.
Other Policies
• BP 220 – Law for Economic & Socialized Housing in Urban & Rural Areas (1982)
• PD 957 – Subdivision & Condominium Presidential Decree (2009 IRR)
• RA7586 or National Integrated Protected Areas Act of 1992 (NIPAS Act) which
provides for the establishment & management of national integrated protected
areas system, its scope, coverage and definition.
• RA8550 or the Revised Fisheries Code of 1998 which identifies municipal waters as
those covering 15km from the shoreline.
• RA8435 or Agricultural Fisheries Modernization Act (AFMA) of 1997 which promotes
the enhancement of fisheries profitability, capability building of said sector for the
challenges of globalization through adequate, focused & rational delivery of
necessary support services & budgetary allocation.
• RA8371 – Indigenous Peoples’ Rights Act of 1997 provides for the recognition of the
ancestral domain for the exclusive use of concerned Ips & related indigenous
practices.
Other Policies
• RA
10066 or the National Heritage Act of 2009, the law that provides for the
measures & budget for cultural and heritage conservation.
• RA9593 or the National Tourism Act of 2009 which recognizes tourism as an
engine of investment, employment, growth and national development, and
promotes strengthening of DOT and attached agencies as key implementing
agency of this policy, and through appropriate budget allocation.
• RA 9003 – Ecological Solid Waste Management Law of 2000, which provides for
the proper disposal, treatment and storage (landfill, composting, etc.) of various
solid waste categories (zoning for landfills).
• BP 344 – Philippine Accessibility law (urban design) of 1983.
• RA7942 or the Philippine Mining Act of 1995 which declares that all mineral
resources within Philippine territory and exclusive economic zone (EEZ) are
owned by the State, which has responsibility of promoting its rational exploration,
development, utilization & combined efforts of government and the private
sector in order to enhance national growth in a way that effectively safeguards
the environment and protect the rights of affected communities.
Other Policies
• PD
705 or the Revised Forestry Code of 1975, which provides forest classification,
management, protection and utilization to meet the demands of the nation.
• Commonwealth Act 141 or the Public Land Act of 1936, which defines various
public land uses, (state land, alienable & disposable land, timberland, mining,
agriculture, reservation), its classification, delimitation and survey.
• PD
1067 or the Water Code of the Philippines (setbacks from water bodies,
protection & preservation of water sources)
Planning Guidelines
from NEDA, DILG &
DENR
DENR
Philippine Agenda 21 (PA21) or the national agenda for sustainable
development. This program proposes several actions aimed at achieving
sustainable development through the following principles:
• Poverty reduction
• Social equity
• Empowerment & good governance
• Peace & solidarity
• Ecological integrity

National Biodiversity Strategy & Action Plan(NBSAP) or the national action


plan for biodiversity conservation, through:
• Protected area establishment (habitat protection/conservation)
• Genetic diversity protection (gene banks, seed banks, etc)
• Species diversity protection (zoos, sanctuaries, etc)
• Habitat diversity protection (biogeographic zone protection)
Relationship of CLUP
with national plans &
programs
NEDA
National Framework for Physical Planning 2001-2030(NFPP) which provide
that government plans be consistent with the following principles:
• Food security
• Environmental stability & ecological integrity
• Regional urban development
• Spatial integration
• Equitable access to physical & natural resources
• Private-public partnership
• People empowerment
• Recognition of rights of IPs
• Market orientation
Relationship of CLUP NEDA
National Strategic Framework for Climate Change
with national plans & 2010-2022 & National Climate Change Action Plan
programs (NCCAP), both of which recognizes the need to take
action to strengthen adaption of ecosystems & built
environments to climate change.
NSFCC makes use of the following strategies:
• integrated ecosystems-based management
• Use of local climate change action plan (reflected on
CLUP)

Millennium Development Goals 2000-2015 which promotes actions to attain


environmental stability, sustainable development and prevention of the loss of
environmental resources.

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