What are the Requisites of a
Sound Land use Policy?
By
Herminia R. Caringal & Florencio Carandang, Jr.
The
following are the suggested considerations in crafting a socially
desirable land use policy:
1.A rational land use regulation. Experiences of many developing
countries have shown that government agencies have rarely been
effective in ensuring that land and natural resources embody
broader social and cultural benefits, such as landscapes,
biodiversity, historic sites, and cultural values. Individual
actions sometimes destroy these benefits out of sheer protection
of vested economic interests. But oftentimes, it is the ambiguity
of the priorities set by authorities.
World Bank studies in 2003 showed that Zoning regulations are
identified as effective mechanisms to reduce land use conflicts.
In many parts of the world, it is used to assign specific uses, or
prohibit particular uses of certain lands, to overcome
environmental and other externalities. For example, local
government can use zoning regulations to prevent negative effects
of deforestation, agricultural land conversion to housiog, or
infrastructure. Zoning however has to be justified, clear,
predictable and easy to implement.
2.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. Consensus building among the users, the
authorities/government and the civil society minimizes political
discontent and promotes transparency, specifically on the part of
the government which usually has the prerogative for zoning,
eminent domain, and expropriation of land.
3.Land use policy should include local capacity building and
institutional linkages. Local capacity building is needed to
address the inadequacy of local officials in understanding how
property rights combined with collective action can be utilized
for land resource allocation and management. Property rights, when
designed in a way that encourages prudent management of natural
resources, can measure and control the costs of the environment
effects of land use. For example, by awarding property rights to
private communities or the resource users themselves and by
strengthening the capacity of these groups for collective action,
externalities from land use will be more properly dealt with.
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 governments in handling administrative functions devolved by
the national government. These trainings will broaden local
governments’ understanding on the different approaches to public
finance and also help them design better zoning regulations that
will maximize and, at the same time, effectively manage the
utilization of land in their jurisdiction.
The importance of institutional linkages among concerned agencies
should also be emphasized in any local capacity building exercise.
Proper linkages among national, regional and local agencies will
ensure a harmonized working relationship which will result in
better and timely outputs.
4.Land use policy should be part of the long-term national
development strategy. Most importantly, the integration of a
national land use policy into the country’s broader development
strategy is particularly relevant to provide a basis for relating
land policy to other development interventions. Similarly,
integrating land use policy into a long-term national development
mechanism can provide continuity and an institutional framework to
guide policymakers on local utilization.
Recommendation to the Preparations of a Comprehensive land use
policy
1.Encourage zoning ordinances by enhancing planning capacity of
LGUs. Most land
resource classifications and allocation activities are still
performed by the national government as in the case of land
classification which is largely a function of the DENR. The Local
Government Code of 1991, on the other hand, empowers the
Sangguniang Bayan to formulate comprehensive land use plans (CLUPs),
adopt zoning and subdivision ordinances or regulations. The
Sangguniang Panlalawigan reviews the comprehensive land use plans
and zoning ordinances of component cities and municipalities and
adopts a comprehensive provincial land use, subject to existing
laws.
About 85% of the 1,610 LGUs have already adopted CLUPs and zoning
ordinance (HLRRB, 2005) But the successful implementations of land
use regulation, i.e. zoning, should come hand in hand with the
local planning capacity of the local government which needs to be
improved. In addition, local governments must be aware of the
advantages and disadvantages of different approaches of zoning.
This is because externalities that may be generated by zoning
regulations are local in nature and so the tasks of land use
planning, like property valuation and taxation, should be at the
hands of the local authorities.
As the World Bank study points out, “ a gradual devolution of
responsibility for land use regulation to local governments should
be coupled with capacity building to be able to make a significant
contribution to efforts toward more effective implementation.
2.Strenthen and harmonize institutional linkages. Based on the
findings of DENR in 1887, 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 directions and investment programs set by the national
development plans should be closely reflected in the land use
regulations of local governments. Ironically, many municipalities
have not as yet developed comprehensive development plans but
already have existing land use plans. (DENR, 1997). Such condition
necessitates consensus building among other institutions as well,
e.g. the private sector, NGOs and the academe, to implement and
identify priority activities. This means sharing of information
and expertise, and collective adoption of advocacy for zoning and
land use regulation in the national, regional and local
consultative and planning bodies is a must. Moreover, consensus
building among stakeholders will lessen political discontent and
promote transparency and eventually lead to smooth implementation.
As experts from the Land Administration and management project
(LAMP) of the DENR put it, “effective land use planning and
control measures cannot be implemented unless the public and all
levels of the government have access to adequate information and
unless the government exercises its substantive planning powers
within the carefully defined limits of the law.” (LAMP,2002)
3.Review and assess existing laws. As indicated in many studies on
land policies, the Philippines has adopted an array of local and
national laws related to land ownership, land management and land
use, notwithstanding the inconsistencies and duplications.
However, the level of implementation and the measure of policy
outcome of these regulations are not known to the implementers 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 which should
be brought to the attention of the concerned department of the
Legislature for remedy and/or intermediation.
4. Consider other requisites such as land classification and land
administration measures. An effective land use regulation alone
cannot address the land related problems of the country. One of
the recommendations of LAMP (2002) is the “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 sustainable
or has potential to be used.” This should also clarify the
instances when land has clearly become private land and is
therefore beyond the necessity for classification.
In certain cases, a problem arises when there is a conflict
between the zoning ordinance, for example, and a deed of
restrictions or easements found in the title of the land.
In the study of LAMP, the cumbersome procedures of land titling
and registration were also pinpointed as major problems in land
management in the country. There is thus the urgent need to
simplify the laws, make the processes transparent and establish a
single agency to undertake all initial titling. And because the
present titling and registration system is not adequately
supported by important and basic information. LAMP experts
recommend the conduct of a cadastral survey of all parcels of land
that will be part of the record of the Government.
Source: Senate Economic Planning Office Policy Insights, October,
2005
