Four General Land Use Policy Areas

1.       Settlement

Settlements are areas where concentrations of population engage in economic, political, cultural, and other social activities. Settlements Development focuses on the spatial distribution of shelter, infrastructure and networks, and services. It is also concerned with the interrelationships of settlements as they develop and establish functional linkages based on their respective resource endowments and comparative advantages.

The primary concerns of Settlements Development are to help ensure, for the present and future generations of Filipinos:

(a) an effective integration of activities within and among settlements, allowing efficient production and movement of people and commodities through the provision of appropriate land, infrastructure, and facilities; and

(b) the access of the population to housing, education, health care, recreation, transportation and communication, sanitation, and basic utilities such as water, power, waste disposal and other services.

Reference: National Physical Framework Plan for 2001-2030 Executive Summary p. 5

2.       Production

Production Land Use refers to the direct and indirect utilization of land resources for crop production, fishery, livestock and poultry production, timber production, agroforestry, mining, industry, and tourism.

The primary objective of planning for Production Land Use is to determine the most efficient and equitable manner of utilizing and managing land resources such that there is adequate and accessible space for sustainable food production, forest and mineral resource extraction, industry, and tourism, with the end in view of meeting the material and other requirements of the population.

The physical planning issues and concerns are grouped into four categories: food security, levels of production and productivity, industrialization, and environmental impacts.

Reference: National Physical Framework Plan for 2001-2030 Executive Summary p. 7-8

3.       Protection

Protection Land Use refers to the rehabilitation, conservation, and management of sensitive/critical ecosystems to preserve their integrity, to allow degraded resources to regenerate, and to protect the human population from environmental hazards.

Protection Land Use policy guidelines seek to achieve environmental stability and ecological integrity; ensure balance between resource use and the preservation of some educational, cultural and historical significance and protect people and man-made structures from the ill effects of natural hazards. They cover the following protected areas: NIPAS, non-NIPAS and hazard-prone areas.

There are four major physical planning issues/concerns within Protection Land Use:

(a) non-demarcation of boundaries of protection areas;

(b) conflict resolution within protection areas;

(c) disaster mitigation, use of resources and its impact on protection areas; and

(d) information, education and communication campaign.

Reference: National Physical Framework Plan for 2001-2030 Executive Summary p. 10

4.       Infrastructure

The role of infrastructure in national development is to provide the built-up environment that allows production, consumption, and service activities to take place. Infrastructure development in the NFPP covers five subsectors: transportation, communications, energy, water resources, and social infrastructure. Its basic concerns are the provision of basic services, fostering economic and other forms of integration necessary for producing or obtaining the material requirements of Filipinos, and the development of an efficient, responsive, safe, and ecologically friendly built environment.

           

                Reference: National Physical Framework Plan for 2001-2030 Executive Summary p. 11-12

Can areas in the forest land both have protection and production management prescription? Explain your

answer.

Yes, both forest’s protection and production areas can have management prescription because there is a need for these areas to be both preserved based on their uses. The main focus of the management prescription is to preserve the delineation or their respective boundaries. The policy is to develop the production areas into viable area for agroforestry and even for eco-tourism, timber production and other special uses where people in the area will be sustained with their livelihoods or economic needs. With this, people will no longer encroach into the protected forestland and conduct some illegal activities like illegal logging, kaingin, hunting of wildlife and other forms of forest degradation.

In formulating forest land use planning, it is important that the area and the management system for both production and forestland should be properly evaluated so that the best and sustainable use of the land will be ensured.

3. Is there such a thing as protected agriculture (both protection and production management prescription)?

Provide concrete location and examples.

Yes, there is such thing as protected agriculture. This also referred to as prime agricultural land which must protected because these are very fertile and productive. Protection here means, the area is irrigated and cannot be converted into other uses. Both protection and production management prescription should be present in order to ensure that the needs of the people are sustainably addressed. Under RA 8435, this is called as the Network of Protected Areas for Agricultural and Agro-industrial Development (NPAAAD).

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Variances and Exceptions

Variances and/ or Exceptions from the provisions of this Ordinance may be allowed by the Local Zoning Board of Appeals (LZBA) only when the following terms and conditions exist:

1. Variances (deviation from applicable Building Bulk and Density Regulations, Building Design Regulations and Performance Standards) Variance may be allowed provided that proposals satisfy all of the following provisions:

a. Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner of the property due to physical conditions of the property (topography, shape, etc.), which is not self-created.

b. The proposed variance is the minimum deviation necessary to permit reasonable use of the property.

c. The variance will not alter the intended physical character of the zone and adversely affect the use of the other properties in the same zone such as blocking-off natural light, causing loss of natural ventilation or encroaching in public easements and the like.

d. That the variance will not weaken the general purpose of the Ordinance and will not adversely affect the public health, safety or welfare.

e. The variance will be in harmony with the spirit of this Ordinance.

2. Exceptions (deviations from Allowable Use provisions)

Exceptions may be allowed provided that proposals satisfy all of the following conditions:

a. The exception will not adversely affect the public health, safety and welfare and is in keeping with the general pattern of development in the community.

b. The proposed project shall support economic based activities/provide livelihood, vital community services and facilities while at the same time posing no adverse effect on the zone/community.

c. The exception will not adversely affect the appropriate use of adjoining properties in the same zone such as generating excessive vehicular traffic, causing overcrowding of people or generating excessive noise and the like.

d. The exception will not alter the essential character and general purpose of the zone where the exception sought is located.

Reference: CLUP Guidebook 2013 Volume 3 p.74

The procedure for evaluating applications for Variances and/or Exceptions is as follows:

1. The project proponent shall file a written application for Variance and/or Exception with the LZBA citing the section(s) of this Ordinance under which the same is sought and stating the ground/s thereof.

2. Upon filing of application, a visible project sign, (indicating the name and nature of the proposed project) shall be posted at the project site. This sign shall be maintained until the LZBA has rendered a decision on the application.

3. The LZBA shall conduct preliminary studies on the application. These application papers shall be made accessible to the public.

4. A written affidavit of no objection to the project by the owners of the properties immediately in front of and abutting the project site shall be filed by the applicant with the LZBA within fifteen (15) days upon filing of application.

5. The LZBA shall hold public hearing(s) to be held in the concerned barangay.

6. At the hearing, any party may appear in person, or be represented by agent/s. All interested parties shall be accorded the opportunity to be heard and present evidences and testimonies.

7. The LZBA shall render a decision within thirty (30) days from the filing of the application, exclusive of the time spent for the preparation of written affidavit of non-objection and the public hearing(s). All expenses to be incurred in evaluating proposals for Variances and/ or Exceptions shall be shouldered by the project proponent.

Reference: CLUP Guidebook 2013 Volume 3 74-75

Contents of the Zoning Ordinance.

I.   Title of the Ordinance

II.  Authority and Purpose

III. Definition of Terms

IV.  Zone Classifications

V.   Zone Regulations

VI.  General Regulations

VII. Performance Standards

VIII.Mitigating Devices

IX. Administration and  Enforcement

The following are reasons why public hearing for the enactment of zoning ordinance is important:

· Present the plan to the general public and ensure an objective and participatory review of the draft CLUP/ZO

·  Ensure stakeholder acceptability of the CLUP/ZO

·       Obtain common ownership of the plan and gain support          for plan implementation

Reference: CLUP Guidebook, An LGU's Guide to CLUP Preparation, 2013, Step 9 p,176

Steps in Mainstreaming DRR and CCA into the CLUP by HLURB

Step 1 – Organize

·         Incorporate the conduct of the CDRA in the work and financial plan

·         Organize key sectoral representatives who will participate  in the CDRA

Step 2 – Identify stakeholders

·         Include local stakeholders and representatives from the hazard mapping agencies who will participate and assist in the CDRA

Step 3 – Set the Vision

·         Fine tuning of vision descriptors and success indicators based on the relevant findings from the CDRA

Step 4 – Analyze the situation

·         Enhanced understanding of climate and disaster risks affecting the locality

·         Priority decision areas based on risk evaluation

·         Policy interventions/options with emphasis on Risk Management Options

·         Adjusted land demand to account for backlogs due to risks and vulnerabilities

·         Analysis of land supply and suitability-based climate change and possible impacts on the severity and frequency of natural hazards.

Step 5 – Set the goals and objectives

·         Specific targets/indicators to address current risks

·         Goals, objectives and success indicators related to future planned disaster risk reduction and climate change adaptation

Step 6 – Establish Development Thrust and Spatial Strategies

·         Incorporate climate change adaptation and disaster risk reduction concerns in evaluating development thrust and spatial strategy options

·         Ensuring selected development thrust and spatial strategies account for the future climate change scenario and its possible impacts to the severity and frequency of natural hazards

Step 7 – Prepare the Land Use Plan

·         Climate and disaster risk sensitive land use allocation/spatial location

·         Applying risk reduction approaches (risk avoidance, mitigation, transfer and retention in designing the land use scheme and land use policy development

·         Menu of programs and projects for disaster risk reduction and climate change adaptation

Step 8 – Draft the Zoning Ordinance

·         Establishing hazard overlay zones and priority risk management zones/districts

·         Zoning regulations to reduce risks by applying risk reduction approaches such as density control, hazard resistant building design standards, site development standards, and additional development requirements

·         Consultation with hazard experts and stakeholders in the identification of zoning regulations

Step 9 – Conduct Public Hearing

·         Consultation with stakeholders on the acceptability of proposed risk management options

Step 10 – Review, Adopt and Approve the CLUP and ZO

·         Ensure identified risk management options to effectively address current and prevent future risks are translated in the CLUP and ZO;

·         Inviting representatives from agencies involved in DRR-CCA (i.e. hazard mapping agencies, Provincial DRRMO, Provincial CCO) during the review and approval process

Step 11 – Implement the CLUP and ZO

·         Strengthen the support institutional structures, systems and procedures for enforcement and monitoring

·         Program and project assessment, prioritization and development

·         Budgetary support/requirements

·         Information, Education and Communication Campaign

·         Interface with other local level plans to implement DRR-CCA agenda

Step 12 – Monitor and Evaluate the CLUP and ZO

·         Identification of risk reduction and climate change adaptation monitoring parameters and procedures

·         PPAs impact monitoring and evaluation

Reference: CLUP Supplemental Guidelines on Mainstreaming Climate and Disaster Risks in the Comprehensive Land Use Plan 2014, HLURB,  p. 26

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12-step HLURB Process in Crafting the CLUP

Step 1 – Organize

Step 2 – Identify stakeholders

Step 3 – Set the Vision

Step 4 – Analyze the situation

Step 5 – Set the goals and objectives

Step 6 – Establish Development Thrust and Spatial Strategies

Step 7 – Prepare the Land Use Plan

Step 8 – Draft the Zoning Ordinance

Step 9 – Conduct Public Hearing

Step 10 – Review, Adopt and Approve the CLUP and ZO

Step 11 – Implement the CLUP and ZO

Step 12 – Monitor and Evaluate the CLUP and ZO

The Local Planning Structure

The Local Planning Structure is composed of political and technical components.

The political component comprises mainly the Local Sanggunian and the LDC.  These two bodies lay down policy guidelines and take decisions regarding the direction, character, and objectives of local development.  They do these in their capacity as elected representatives of the people.  In a very real sense, they are the true planners of the city, municipality or province. 

The technical component on the other hand consists of non-elective officials of the LGU, heads of national agencies operating in the area, and non-government sectors.

Figure 1.1   COMPONENTS OF THE LOCAL PLANNING STRUCTURE

POLITICAL	TECHNICAL
·         Local Sanggunian ·         Local Development Council ·         Congressman’s Representative ·         Civil Society Organizations	·         Local Planning and Development Office ·         LGU Department Heads ·         Local Special Bodies ·         LDC Sectoral/Functional Committees ·         NGA Office Chiefs in the locality ·         Private Sector Representatives

Reference: Serote, Ernesto, Rationalized Planning System, p.1-2

LGC, Section 15. Political and Corporate Nature of Local Government Units. - Every local government unit created or recognized under this Code is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As such, it shall exercise powers as a political subdivision of the national government and as a corporate entity representing the inhabitants of its territory.

The planning function of LGUs is embedded in the dual personality of an LGU. As a body politic the LGU is a subdivision of the national government. The LGU is endowed with powers and resources with which to manage its territorial jurisdiction for and on behalf of the national government. As a body corporate the LGU is likewise endowed with powers and resources to promote the general welfare of its inhabitants. The ultimate objective of the current policy of devolution is to strengthen this dual role of LGUs, namely, 1) as a political unit, to become an effective partner in the attainment of national goals, and 2) as a corporate body, to be able to promote the general welfare of its inhabitants thereby enabling them to become self-reliant communities (RA 7160, Sec. 2a, Sec. 15).

Reference: Serote, Ernesto, Rationalized Planning System

 Two Mandated Plans of LGUs according to RA 7160

The two mandated plans are the Comprehensive Land Use Plan (sec. 20, LGC) enacted thru the zoning ordinance  and the Comprehensive Development Plan (sec. 106, LGC). CLUP is territorial in scope while the CDP is sectoral. Usually, CLUP is for 9 or ten years while the CDP is usually for 6 years.