National and International Practices and Experiences in Land Use...

National and International Practices and Experiences in Land Use Planning & Governance

GIZ - Land Use Planning and Management Project

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1 INTRODUCTION ................................................................................................................................ 1

1.1 IMPORTANCE/SIGNIFICANCE OF LAND USE PLANNING ..................................................................................... 1 1.2 LAND AND CONSTITUTION OF INDIA ...................................................................................................................... 2 1.3 SPATIAL GOVERNANCE .............................................................................................................................................. 3

2 LAND USE PLANNING AND GOVERNANCE IN OECD .............................................................. 5

2.1 HIGHLIGHTS FROM PLANNING SYSTEMS AND EXPERIENCES OF OECD COUNTRIES ................................... 5 2.2 LEVELS OF GOVERNANCE ....................................................................................................................................... 10 2.3 LAND USE PLANNING AND GOVERNANCE SYSTEM IN AUSTRALIA ................................................................ 11 2.4 LAND USE PLANNING AND GOVERNANCE SYSTEM IN AUSTRIA ..................................................................... 12 2.5 LAND USE PLANNING AND GOVERNANCE SYSTEM IN BELGIUM ................................................................... 14 2.6 LAND USE PLANNING AND GOVERNANCE SYSTEM IN CANADA..................................................................... 15 2.7 LAND USE PLANNING AND GOVERNANCE SYSTEM IN CHILE ......................................................................... 17 2.8 LAND USE PLANNING AND GOVERNANCE SYSTEM IN CZECH REPUBLIC ..................................................... 19 2.9 LAND USE PLANNING AND GOVERNANCE SYSTEM IN DENMARK ................................................................. 21 2.10 LAND USE PLANNING AND GOVERNANCE SYSTEM IN ESTONIA .................................................................... 22 2.11 LAND USE PLANNING AND GOVERNANCE SYSTEM IN FINLAND .................................................................... 24 2.12 LAND USE PLANNING AND GOVERNANCE SYSTEM IN FRANCE ...................................................................... 25 2.13 LAND USE PLANNING AND GOVERNANCE SYSTEM IN GERMANY.................................................................. 27 2.14 LAND USE PLANNING AND GOVERNANCE SYSTEM IN GREECE ..................................................................... 29 2.15 LAND USE PLANNING AND GOVERNANCE SYSTEM IN HUNGARY .................................................................. 32 2.16 LAND USE PLANNING AND GOVERNANCE SYSTEM IN IRELAND .................................................................... 34 2.17 LAND USE PLANNING AND GOVERNANCE SYSTEM IN ISRAEL ........................................................................ 36 2.18 LAND USE PLANNING AND GOVERNANCE SYSTEM IN ITALY .......................................................................... 38 2.19 LAND USE PLANNING AND GOVERNANCE SYSTEM IN JAPAN ......................................................................... 39 2.20 LAND USE PLANNING AND GOVERNANCE SYSTEM IN KOREA ....................................................................... 41 2.21 LAND USE PLANNING AND GOVERNANCE SYSTEM IN MEXICO ..................................................................... 43 2.22 LAND USE PLANNING AND GOVERNANCE SYSTEM IN NETHERLANDS ......................................................... 45 2.23 LAND USE PLANNING AND GOVERNANCE SYSTEM IN NEW ZEALAND ........................................................ 47 2.24 LAND USE PLANNING AND GOVERNANCE SYSTEM IN NORWAY .................................................................... 48 2.25 LAND USE PLANNING AND GOVERNANCE SYSTEM IN POLAND ..................................................................... 50 2.26 LAND USE PLANNING AND GOVERNANCE SYSTEM IN PORTUGAL................................................................. 52 2.27 LAND USE PLANNING AND GOVERNANCE SYSTEM IN SLOVAK REPUBLIC ................................................... 53 2.28 LAND USE PLANNING AND GOVERNANCE SYSTEM IN SLOVENIA .................................................................. 55 2.29 LAND USE PLANNING AND GOVERNANCE SYSTEM IN SPAIN .......................................................................... 57 2.30 LAND USE PLANNING AND GOVERNANCE SYSTEM IN SWEDEN ..................................................................... 59 2.31 LAND USE PLANNING AND GOVERNANCE SYSTEM IN SWITZERLAND .......................................................... 60 2.32 LAND USE PLANNING AND GOVERNANCE SYSTEM IN TURKEY ..................................................................... 62 2.33 LAND USE PLANNING AND GOVERNANCE SYSTEM IN UNITED KINGDOM.................................................. 63 2.34 LAND USE PLANNING AND GOVERNANCE SYSTEM IN UNITED STATES ....................................................... 65

3 GIZ EXPERIENCES IN ASIA AND AFRICA ................................................................................... 68

3.1 LAND USE PLANNING AND GOVERNANCE IN CAMBODIA................................................................................ 68 3.2 SUSTAINABLE INTEGRATED MANAGEMENT AND PLANNING FOR LOCAL GOVERNMENT ECOSYSTEMS

(SIMPLE) – PHILIPPINES......................................................................................................................................................... 70 3.3 RATIONALISED LOCAL PLANNING SYSTEMS IN PHILIPPINES ........................................................................... 74 3.4 LAND USE AND SETTLEMENT PLANNING IN LESOTHO..................................................................................... 76 3.5 INSTITUTIONAL ASPECTS OF LAND USE PLANNING IN SRI LANKA ................................................................ 79 3.6 LAND USE PLANNING AND GOVERNANCE IN LAO PDR .................................................................................. 81



3.7 LAND USE PLANNING AND GOVERNANCE IN THAILAND ................................................................................ 84 3.8 LAND USE PLANNING AND GOVERNANCE IN VIETNAM .................................................................................. 87 3.9 INTEGRATED REGIONAL LAND USE PLANS IN NAMIBIA .................................................................................. 90

4 SPECIAL ECONOMIC ZONES – INDIAN EXPERIENCE ............................................................ 99

4.1 CHINESE EXPERIENCE WITH SEZ .......................................................................................................................... 99 4.2 ADMINISTRATIVE ARRANGEMENTS FOR CONFLICT RESOLUTION FOR SEZS ............................................. 100

5 LAND DISPUTES AND STALLED INVESTMENTS IN INDIA.................................................. 102

5.1 SPATIAL DISTRIBUTION OF PROJECTS ................................................................................................................. 102 5.2 SPATIAL ANALYSIS OF STALLED PROJECTS ......................................................................................................... 102 5.3 ANALYSIS OF STALLED PROJECTS BY REASON ................................................................................................... 102 5.4 FINDINGS FROM THE HIGH VALUE PROJECT ANALYSIS .................................................................................. 103

HIGHLIGHT 1: KEY FACTS - LAND USE PLANNING SYSTEMS ................................................................................................. 6 HIGHLIGHT 2: KEY FACTS - LAND USE PLANNING SYSTEMS ................................................................................................. 7 HIGHLIGHT 3: NEGATIVE FALLOUT OF CHINESE SEZS ..................................................................................................... 100



This document is a compendium of excerpts, summaries, understandings derived from various studies

undertaken by different agencies, organisations and individual around the world. The same has been

prepared from the point of view of generating an understanding of different practices and experiences in

the field of land use planning and governance. Following are some key documents referred during the

making of this compendium.

The Governance of Land Use - Policy Highlights, prepared by the Regional Development Policy

Division in the Public Governance and Territorial Development Directorate of the OECD, 2017

OECD (2017), Land Use Planning Systems in the OECD: Country Fact Sheets, OECD Publishing,

Paris. http://dx.doi.org/10.1787/9789264268579-en (The chapter on OECD countries is based on this

report.)

OECD (2017), The Governance of land Use in OECD Countries: Policy Analysis and

Recommendations, OECD Publishing, Paris. http://dx.doi.org/10.1787/9789264268609-en

Land Rights Programme, Cambodia – Knowledge Profiles, Heidi Feldt, 2016 GIZ, Andreas Lange,

Jorge Espinoza and Matthias Hack of the Land Management Programme at GIZ revised the document.

Provincial Spatial Planning Handbook, Spatial Planning Series No. 2, Ministry of Land Management,

Urban Planning and Construction, General Department of Land Management, June 2016

MOREFORESTs – Management of Resources of Forestlands through Enhanced Sustainable

Technologies, Version 1.0, Annex. 10: Guidelines for Barangay Land Management and Allocation

Process (BLMAP)

Factsheet: Environment and Rural Development (EnRD) Program Philippines, Component 1: Policy

Dialogue and Strategic Steering (PDSS) for Partners [Department of Agriculture (DA), Department of

Agrarian Reform (DAR) and the Department of Environment and Natural Resources (DENR)], Target

Groups: National and regional offices of the DA, DAR and DENR; selected Provincial LGUs; civil

society organizations for the duration of July 2005 - June2014 by German Federal Ministry for

Economic Cooperation and Development (BMZ)

Rationalising the Local Planning System, A Source Book, 1st Edition, 2008, published by Government

of Philippines, Department of Interior and Local Government, Bureau of Local Government

Development

SIMPLE: Sustainable Integrated Management and Planning for Local Government Ecosystems,

Version 1.0, Published by Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH,

Manila, Philippines, April 2013

MOREFORESTs – Management of Resources of Forestlands through Enhanced Sustainable

Technologies, Version 1.0, Annex. 2: Enhanced FLUP Processes

Final report of GIZ’s support to the land use and settlement planning process in Lesotho, Produced

for GIZ by P.J. Lerotholi and Jan Pütz, September 08, 2013

Chapter 7: A city that Plans: Reinventing Urban Planning, World Cities Report 2016, UN-HABITAT,

ISBN: 978-92-1-133395-4

Manual for participatory land use planning facilitators, Final Version, September 2010 for Ministry of

Lands and Resettlement and German Technical Cooperation in the context of the Modelling Land Use

Planning Project, Compiled by Silke Schwedes and Wolfgang Werner, Commissioned Companies

GOPA mbH Worldwide Consultants and AMBERO Consultants

http://dx.doi.org/10.1787/9789264268579-en

http://dx.doi.org/10.1787/9789264268609-en



Comparative Study on Practices and Lessons in Land Use Planning and Land Allocation in Cambodia,

Lao PDR, Thailand and Vietnam, Working Paper 05, Consultancy Report prepared by Florian Rock,

Plascassier, May 2004, MRC-GTZ Cooperation Programme, Agriculture, Irrigation and Forestry

Programme, Watershed Management Component

Experiences of Land Use Planning in Asian Projects, Selected Insights, The working Group on Land

Use Planning for the Asian-Pacific Region, Deutsche Gesellschaft für Technische Zusammenarbeit

(GTZ) GmbH, Colombo, 1996

South Africa, The Spatial Planning and Land Use Management Act 16 of 2013, Country Report,

Michael Kidd, Professor University of KwaZulu-Natal, South Africa, IUCNAEL EJournal

A Perspective on Land Use Planning for Eastern India, Samar K. Datta and Milindo Chakrabarti,

Centre for Management in Agriculture Indian Institute of Management Vastrapur, Ahmedabad

Land Related Issues, Chapter 4, ARC – 7th Report, 2008

The Impact of Planning Policies on the Cities’ Morphological Transformations City of Kirkuk as a

Case Study, Shaymaa F. Alkubaissy, Department of Architectural Engineering, Koya University,

Kurdistan Region of Iraq and Wahda Sh. Al-Hinkawi, Asst. Prof, University of Technology,

Architectural Engineering, Baghdad, International Journal of Civil Engineering and Technology

(IJCIET) Volume 8, Issue 4, April 2017, pp. 1104–1116 Article ID: IJCIET_08_04_124, ISSN Print:

0976-6308 and ISSN Online: 0976-6316, Available online at

http://www.iaeme.com/IJCIET/issues.asp?JType=IJCIET&VType=8&IType=4

Land Disputes and Stalled Investments in India, by the Rights and Resources Initiative and the Bharti

Institute of Public Policy, Indian School of Business, November 2016

Understanding, preventing and solving land conflicts – A practical guide and tool box, Author: Babette

Wehrmann, Published by: Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH,

Eschborn, April 2017

http://www.iaeme.com/IJCIET/issues.asp?JType=IJCIET&VType=8&IType=4


GIZ - Land Use Planning and Management Project Page 1 of 105

Land use planning and management is a complex word that can be constructed in following simple steps

1. Land: Land is the base for everything, that dry surface of earth, where most of the human activities

happen

2. Land Use: Generally reference to any and all possible activities that are associated with land,

irrespective of ownership, whether natural or man-made, urban or rural, on the surface – in the air

– or underground, in the public or private domain, etc.

3. Land Use Planning: The process of describing, reporting, mapping a baseline of all uses, potentials

and weakness of various land uses so as to gain spatial and temporal intelligence; followed by using

the same to balance, overview, envision all possible evolutions and thereby increase the possibility

of gaining a spatial order that reduces conflicts, respects environment, secures investments and

creates social harmony.

4. Land Use Planning and Management: The practice of all necessary actions, possible coordination

mechanisms, and creation of binding frameworks for ensuring a balanced spatial order as envisaged

in a land use plan.

The patterns of human use of land effect a wide variety of outcomes – ranging from the day-to-day quality

of human life, ecological sustainability including climate change adaptation and mitigation and impact on

other forms of life, economic and social balance between urban and rural communities, to food security

etc.

India has over 17 per cent of world's population but only 2.4 per cent of world’s geographical area. Due to

its growing population, the per capita availability of land in India has reduced from 0.91 ha in 1951 to 0.27

ha in 2011.

With increase in population and possibility of shrinking land mass due to increased coastal erosion and

floods due to climate change, the per capita availability of land is expected to reduce further.

Migration to urban areas and non-farm employment has become priority for economic development.

Government of Tamil Nadu is increasingly focussing on developing economic/industrial corridors and

improving urban areas for habitation purposes. Such developments are being promoted in partnerships

with the community, national and international private sector, bilateral and multilateral agencies, as well as

central government through various schemes like Smart Cities, AMRUT, HRIDAY, PMAY – urban, major

and minor port projects, NIMZ, Logistics Parks, SEZs, IT Parks etc. and other planning socio-enviro-

economic planning approaches. At the same time, the government is focussing on improving rural

economies and rural infrastructure with schemes like integrated watershed management, PMGSY, PMKSY,

Rurban and developing other rural and agri-infrastructure on hub and spoke models and network concepts.

It is important to note the following points were some of the highlights in a recent study by the Organisation

for Economic Cooperation and Development (OECD).

Land use planning decisions are directly linked to approximately one third of all man made carbon

dioxide emissions since 1850.



Land and buildings on it constitute for about 86 per cent of the total capital in OECD countries.

Land use planning decisions are directly linked to rising wealth inequalities as small changes in

valuations result in major consequences on distribution of wealth.

Land and Land use has a strong sentimental value as people are attached to land, have a sense of

belonging and it is closely linked to cultural aspects.

World over, integrated spatial land use planning is known to result in accrued benefits leading to sustainable

development that finds the right balance between economic aspects (agriculture, mining, industries and

commerce etc.), social aspects (urban as well as rural settlements, equity of distribution etc.) as well as the

environmental aspects (natural resource management, disaster prevention and mitigation, forest, climate

change etc.).

Land is a finite resource. There are competing and often conflicting demands for land for economic and

social needs in the development sector, it is imperative that effective land use systems be put in place to

ensure sustainability and ecological balance.

According to the constitution of India, land is a State Subject as per Entries No. 18 and No. 45 in List II,

State List. The power to enact laws concerning land vests with the State Legislatures. However, some entries

in List I, Union List and in List III, Concurrent List of the Seventh Schedule of Constitution of India

provide necessary leeway to National Government for interventions in terms of projects in the form of

strategic, economic, social, environmental corridors and zones of national importance passing across

multiple states. Sometimes, these interventions are direct, but in the spirit of the constitution these are often

incentive linked.

Some of the relevant entries in List I, Union List of the Seventh Schedule of Constitution of India are

mentioned below:

22. Railways

23. National highways

24. Shipping and navigation on inland national waterways

25. Maritime shipping and navigation

27. Major ports including their delimitation

32. Property of the Union

53. Oilfields and mineral oil resources

54. Mines and mineral development

56. Interstate rivers and river valleys

67. Ancient and historical monuments and records, and archaeological sites and remains of national

importance

81. Interstate migration

87. Estate duty in respect of property other than agricultural land

Some of the relevant entries in List III, Concurrent List of the Seventh Schedule of Constitution of India

include:

6. Transfer of property other than agricultural land

17A. Forests

20. Economic and social planning



36. Factories

41. Custody, management and disposal of property (including agricultural land) declared by law to be

evacuee property

42. Acquisition and requisitioning of property

45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III.

World over, spatial governance is observed in terms of following hierarchy and functions:

1. Policy Guidelines

a. Policy guidelines play the role of steering process

b. They do not have a direct spatial dimension

c. Policy guidelines are generally not map based and tend to have no spatial references (replaced

with generic references like ‘in areas of high biodiversity’)

d. The policy guidelines may not be legally binding

e. These are prepared predominantly at national and/or subnational level (states)

2. Strategic Plans

a. Strategic plans tend to address challenges and policy responses without capturing all details

b. The strategic plans try to align different sectoral plans together, and may include infrastructure

as well as industrial corridors, economic potential, urbanisation potential etc.

c. The strategic plans are generally map based but do not tend to have clear plot level boundary

delineations

d. Illustrative use of symbols is common in case of strategic plans

e. Strategic plans allow sufficient flexibility to subsequent processes (i.e. zoning/boundary

plans), hence they may not be legally binding

f. The strategic plans are predominantly prepared at regional level (metropolitan area, district,

cluster of districts etc.)

3. Zoning Boundary/Plans

a. Zoning boundaries/plans are prepared to specify the intended as well as permitted land use

on a particular land parcel

b. These plans are predominantly map based with varying level of details of boundary delineation

depending on the scale and geographical coverage (lesser detailing at city/Rurban cluster level

master plans, whereas greater detailing in a detailed development/neighbourhood plan for a

small area, ward or village)

c. These plan generally legally binding and guide building approvals based on provisions as

mentioned in the plans.

d. These plans are predominantly prepared at city, rural-urban cluster, and village as well as ward

level.

Public policy primarily uses spatial and land use plans and environmental and building code regulations to

affect land use. These instruments function by restricting usage of land, but cannot influence how

individuals and businesses would like to use land. In most cases, they do not offer efficient, community and

market driven land use patterns to emerge.



Many other policies and schemes – not directly related to land use planning systems, create incentives to

use land in certain specific ways. However, it is not necessary that such policies correspond to the objectives

of land use planning systems. In many cases, the planning systems simply fail to achieve their objectives

due to overwhelming pressures from contradicting land developments promoted by other policies.

Hence, it is important that the policy on land use planning is formulated considering a multi-sectoral

approach with inputs from all sectoral policies and departments.

Figure 1: How land is being used

It is believed that a good public policy on land use planning would:

Link tax policy incentives to land use policies

Link subnational/state level fiscal systems, schemes, projects that directly impact efficiency of land use

policies

Integrate demographic and economic trends with due consideration to the fact that all settlements are

interdependent

Integrate all sectors and levels of government so as to promote convergence and overcome sectoral

silos

Strengthen the concept of regional considerations in planning approaches

Create institutional and/or coordination mechanisms based on strengths of the state and governance

system prevalent in the territory

This report attempts to create a compendium of various national and international cases and practices.



This section summarises a series of OECD publications on the Governance of Land Use that were

published in 2017. The publications were prepared by the Regional Development Policy Division in the

Public Governance and Territorial Development Directorate of the OECD.1

The above mentioned reports provides for a systematic overview of spatial and land-use planning systems

across OECD. It is intended as a compendium for practitioners and academics interested in the structure

of planning systems. This section contains details for 32 OECD member countries presenting an overview

of the responsibilities of different levels of government with respect to land-use policies and different types

of spatial and land use plans in the country, including key characteristics of the planning system.2

Taken together, this section highlights that planners and policy makers in other fields should consider the

influence of all public policies on land use. A lack of coordination can lead to policies that provide

contradicting incentives to developers and land owners.

Land use affects individual and collective wellbeing and is a critical factor in meeting the overarching goals

of environmental sustainability, economic growth and social inclusion. Public policy primarily uses spatial

and land use plans and environmental and building code regulations to affect land use. These instruments

restrict how land can be used, but cannot influence how individuals and businesses would like to use land.

They can also take a long time to elaborate and even longer to effect change. Often, they leave little scope

for efficient, community and market driven land use patterns to emerge.

There are many policy instruments, beyond the domain of existing land use planning systems, which create

incentives to use land in specific ways. These incentives may not correspond to the objectives of land use

planning systems. For example, many countries aim to limit urban sprawl, but provide financial incentives

for the construction of single-family homes. Consequently, much more restrictive planning regulations are

necessary to reduce sprawl. In many cases, planning systems simply fail to achieve their objectives due to

overwhelming pressures from contradicting land developments.

The report observes that today the land use policies are fairly well coordinated across policy fields, such as

environment, transport and housing. However, in future, this coordination would have to be intensified

further by including finance ministries/departments. Further, all levels of government, from

national/subnational to local, would have to work more closely together to develop effective land use

policies.

Select highlights from the planning systems and experiences from OECD countries are listed below in no

specific order:

Land use is linked to approximately one third of all man-made CO2 emissions. Land use also influences

air pollution and determines whether or not cities are walkable.

Land and buildings constitute approximately 86 per cent of total capital in OECD and have a value of

approximately USD 249 trillion. Given the very high aggregate value of land and property, even small

changes in valuations have major consequences on the distribution of wealth.

1 http://www.oecd.org/regional/regional-policy/the-governance-of-land-use-in-oecd-countries-9789264268609-

en.htm 2http://www.oecd.org/regional/regional-policy/land-use-planning-systems-in-the-oecd-9789264268579-en.htm



Private and public interests related to land have to be balanced. Land use decisions by an individual

land owner inevitably affects other people.

Whether positive or negative, land owners tend to not consider externalities in their decisions.

Planning is needed to coordinate public and private investment decisions. Since it is difficult to change

land use once land is built-up, development needs to be coordinated in advance. Otherwise, inefficient

patterns of development may occur.

o On a small scale, this could include the construction of low density development around a transit

hub, which at a later point prevents densification.

o On a larger scale, this could entail offices being built far away from public transport nodes, thus

leaving the public transport system operating below capacity while creating congestion on roads,

or residential housing built next to an airport, thus limiting the potential for future expansion of

the airport.

In the absence of intervention, poor spatial outcomes occur, including lack of infrastructure and

amenities, areas of concentrated poverty and incompatible land uses in close proximity to one another

such as polluting industry mixed with housing.

Land use planning is primarily a local task and concerns local issues, but it has consequences for issues

of higher government levels importance like long-term stability of ecosystems, social justice, food and

energy security, long-term economic growth, housing costs, and mitigation/adaptation to climate

change.

Land use planning is mostly the purview of local governments across the OECD. This can be explained

by its characteristics. Land use planning is place based by definition and highly context specific.

Local authorities adopt detailed land use plans that contain zoning regulation and use other ordinances

to regulate land use.

In most countries, higher

levels of government develop,

strategic plans and policy

guidelines with spatial

implications to coordinate the

territorial development of an

entire region or of the whole

nation. Sometimes these

policies are binding and local

plans are required to follow

them, sometimes the

guidelines provide only

directions for lower level

plans.

There is substantial difference

among countries. For

example, in some countries,

national governments enforce

policies to regulate planning at lower levels; in others, the regional authority regulates spatial planning;

in yet some others, land use powers are decentralised and local authorities have complete control over

land use decisions.

Highlight 1: Key Facts - Land Use Planning Systems

National/subnational governments focus primarily on

strategic planning and the provision of policy guidelines.

Land use planning is predominantly a local task.

Except Israel, none of the national/subnational governments

in the 32 OECD countries prepares land use plans for its

entire territory, but in most cases are responsible for the

preparation of land use plans for areas of particular importance.

Dedicated metropolitan plans to ensure policy coordination

in densely populated urban areas are rare. In some countries,

regional plans play an important coordination role at the

metropolitan scale.

In all unitary countries except Italy, national governments

adopt the framework legislation that structures the planning

system. In federal countries, this task is predominantly situated

with the federated states.



Across OECD countries there are spatial policies and land use plans at multiple scales viz. national,

regional, and local. These policies and plans set out how land uses should be decided and acted upon.

Beyond spatial policies, land is governed by legislation that determines the rights associated with it,

such as property rights and expropriation rights, and also the obligations associated with its use.

Higher level governments generally provide framework laws that set out the planning system and enact

environmental legislation while local governments make decisions about detailed land uses.

Interaction between local governments in terms of cooperation and completion, with each other on

land use issues. The types of pressures cities and communities face due to factors like population

growth or decline, stakeholders/actors involved in land use governance and levels of trust in a society,

affects relationships between and among residents, businesses, governments and non-governmental

groups.

In some places, there are a variety of informal partnerships between stakeholders/actors involved in

governance of land use, while in others, there is a distinct hierarchy between levels of planning, wherein

institutions involved operate on the basis of statutorily defined roles.

2.1.2.1 Flexible Planning

Flexible approaches tend to address emerging challenges in a in a timely and creative manner. They

might entail establishment of specific zones in a community, which are more open to experimentation

and temporary uses. With greater planning flexibility there are fewer rules about how land is used and

each project is judged on the basis of its own merit, typically framed by overarching guidelines &

objectives about community needs and aspirations.

However, more flexibility should not be embraced everywhere. For example, historical districts and

environmentally sensitive areas need more stringent rules than transitional spaces such as brownfield

sites.

In order to implement more

flexible planning systems, a high

degree of capacity is needed at the

local level, to address the wide

range of concerns as part of the

decision making process.

Decision makers have to be

accountable and need to be trusted

by public in order to ensure that

land use decisions are accepted.

Flexible systems also need effective

monitoring and evaluation in order

to ensure that key objectives are

achieved.

Restrictive zoning rules and m

particular single-use zoning are

among the most important factors

contributing to inflexible planning

regulations. Zoning should be sufficiently flexible to give private actors leeway to shape development

and to allow neighborhoods to change over time. Single-use zoning should be avoided except for

Highlight 2: Key Facts - Land Use Planning Systems

All levels of government use spatial and land use plans as

instruments to shape land use.

The OECD Land Use Governance Survey identified 229

different types of plans.

These different types of plans are roughly equally divided

between plans prepared at the national level, regional level

and local level.

Spatial and land use plans are among the most important

instruments used in land use planning.

Many of them are prepared in hundreds or even thousands

of regional and local jurisdictions and in some countries,

local governments prepare many different plans of the

same type for different areas. The total number of

individual spatial and land use plans in the OECD is at

least many tens of thousands and probably several

hundreds of thousands.



specific purposes (e.g. hazardous industrial areas) and mixed-use developments should be permitted as

a default. Density regulation should not prohibit specific building classes, such as multi-family homes,

but instead use less restrictive parameters such as floor-to-area

Land use regulations should not restrict competition between businesses

Flexible planning must come along with the right incentive for land use to be successful

o Increasing the flexibility in the planning system inevitably implies that planners exert less direct

control over land use. Without complementary measures, this would increase the risk of

uncontrolled development potentially leading to undesired outcomes such as more sprawl,

inefficient transport systems and incompatible land uses in close proximity.

o As greater flexibility imposes fewer restrictions on land use, it is essential that private actors can be

compelled to pursue desirable patterns of development out of their own interest. This requires that

they face the right incentives.

2.1.2.2 Taxation Incentives

At present, public policy uses primarily two mechanisms to intentionally influence land use; it allocates

public investments across space and it restricts how individuals and businesses are permitted to use

land. Its main instruments are the spatial and land use planning process and environmental and building

code regulations. Effective land use governance should also consider a third channel through which

public policies influence land use; the incentives that public policies provide to individuals and

businesses.

Private land use decisions are always the result of cost to benefit considerations, even if they occur

unconsciously and include a wide range of nonmonetary factors. Tax policies play a crucial role in them,

because they influence both costs and benefits of land use.

In some cases, the incentives provided by tax policies are aligned with spatial objectives but in many

other cases they act against the objectives of the planning system.

o For example, almost all OECD countries aim for compact urban development, but some countries

tax ownership of single family homes preferentially compared to other residential property.

Inevitably, this encourages low-density single family home development.

o Another example is that, commuting expenses are tax deductible in 12 of 26 analysed OECD

countries. Since this reduces the costs of car use, it incentivises residents to live further away from

their place of work, thereby encouraging sprawling developments.

o In contrast to property taxes, property transaction taxes prevent efficient and sustainable land use

and should be avoided. By making property transactions more costly, they create market frictions

and slow down adjustment processes.

2.1.3.1 Local governments respond to fiscal incentives

Different land uses create different costs and revenues for local governments. The fiscal effects of land

uses on local budgets depend on the fiscal system of a country. In some countries, local governments

benefit fiscally from new developments because it increases their tax base or their share of transfers

disproportionally. In other countries, new developments are revenue neutral or may even create net

costs for local governments if they have to provide infrastructure and services without receiving

corresponding taxes or transfers.

Fiscal effects of different types of development may vary. For example, if local governments are funded

primarily through a local business tax, commercial developments are fiscally attractive. In contrast, if



they are funded through local incomes taxes, developments that attract high income residents create

more revenues.

Local governments respond to fiscal incentives by implementing planning policies that favour fiscally

attractive types of developments. While such a response can be optimal from the perspective of a local

community, it creates inefficient land use patterns in aggregate. It may result in situations in which

planning decisions are not based on the demand for different types of land, but based on the fiscal

preferences of local governments.

When local governments receive a disproportionally large share of taxes or transfers from one type of

land use, they have incentives to favour this land use over others in their plans. As a consequence, land

use regulations lead to an over-supply of land for one use at the expense of other uses. This creates

distortions in land markets and economic inefficiencies.

National and subnational governments should consider the incentives that their fiscal systems provide

for planning policies of local governments. Ideally, fiscal systems should provide incentives that are in

line with the spatial objectives of the higher level governments. All types of development should have

approximately equal fiscal effects on local governments unless higher governments want to

systematically encourage a specific type of development.

Developed land constitutes only a small share of all land in OECD countries.

In most OECD countries, it is below 10 per cent of the total land mass. Even in regions that the OECD

defines as urban, the total share of developed land is usually below 20 per cent.

While the total amount of developed land is relatively small, its share has increased since 2000 in all

countries—but at vastly different growth rates.

o Spain saw the highest growth rate in developed land of 17.7 per cent over the following decade,

followed by Iceland with 16.1 per cent and Ireland with 11.5 per cent. All three countries were

severely affected by housing bubbles in the early 2000s.

o At the opposite end of the scale, Switzerland, Belgium and the UK have had the lowest growth

in developed land with rates of 0.5 per cent, 0.8 per cent and 1.6 per cent, respectively over

the same time period.

Restrictive land use regulations lead to rising property prices by restricting the supply of developable

land thereby preventing densification in already developed areas. As the supply of

residential/commercial property is unable to match increasing demand from growing populations and

economic activity, markets adjust through increasing prices.

Increasing property prices benefit property owners (wealthier people), at expense of renters

(disproportionally poor) leading to growing inequality. High costs of housing prevents people from

moving into economically successful, highly productive urban areas, forcing them to stay in less

productive regions thereby reducing GDP by considerable margins.

OECD target to encourage densification of cities by easing land use restrictions that prevent it.

Restrictive zoning regulations and planning decisions limit the possibilities for densification in many

cities and often make it impossible in entire neighbourhoods. They include explicit density restrictions

(for example through floor-to-area ratios) and implicit density restrictions (for example minimum lot-

size requirements and restrictions on multi-family homes). Easing density restrictions is most important

in low-density areas close to city centres and along public transport corridors, but gradual densification

should be permitted throughout most pails of an urban area.



2.1.4.1 Land Consumption in Shrinking Regions

Once land is developed, it is rarely turned back into an undeveloped state. More than 350 regions across

the OECD have experienced declining populations since 2000. But this rarely translates into a

conversion of developed land into an undeveloped state. Across OECD, the vast majority of regions

(90 per cent) with declining populations between 2000 and 2012 did not see a decrease in the amount

of developed land. Of those regions that experienced declines in the area of developed land more than

half were located in eastern Germany.

Shrinking regions should reduce their land consumption sustainably. A failure to return developed land

into undeveloped state has negative consequences.

o First, it contributes to overall increasing land consumption with the associated negative

environmental consequences.

o Second, it increases the costs of infrastructure maintenance on a per capita basis, since the

same amount of infrastructure has to be maintained for a smaller population.

Environment, housing, transportation, energy, water, agriculture, tourism, social and economic

development and many more sectoral issues affect how land is used. Developments in one sector, such

as growth in large-scale farming, affect another sector, say tourism, which may be dependent on

traditional pastoral landscapes.

The coordination of sectoral issues across a territory is complicated by the fact that sectoral policies,

rules and regulations can span local, regional, national and even international scales.

National and subnational governments have a critical role to play in this regard by establishing

frameworks to support integrated planning across functional territories. Example of institutions such

as the Austrian Conference on Spatial Planning that provide effective coordination across levels of

government and across policy sectors may be explored by other countries as well.

With the expanding purview of spatial planning, a broader metropolitan scale has been adopted in many

countries. It is driven by the need for spatial and land use planning to keep pace with changing

functional territorial boundaries. Such approaches are extremely important in regions with polycentric

urban structures and where borders of local jurisdictions do not correspond to urban form and patterns

of daily activities of their residents.

2.1.5.1 Metropolitan Planning – Formal and Informal Institutions

Metropolitan planning can be achieved by both formal and informal institutions. The effectiveness of

either institutional approach depends to a large extent on the types of issues that a territory faces, the

relationships among the actors, the resources at their disposal and, in general, the capacity to implement

a common agenda.

The policies of upper level governments, regional or national, have a major impact on the adoption of

inter-municipal or metropolitan planning frameworks.

In countries with consensus-oriented politics and high capacity at the local level, soft coordination

mechanisms are likely to work well. In other cases, more stringent coordination mechanisms at the

metropolitan scale may be more effective.

The countries as studied by the OECD report had a varied governance structure. Following is a list of

countries and the levels of governance in terms of National, regional and local level government.



Unitary countries with two levels of government

o Estonia

o Ireland

o Israel

o Portugal

o Slovenia

Unitary countries with three levels of government

o Chile

o Czech Republic

o Denmark

o Finland

o Greece

o Hungary

o Japan

o Korea

o Netherlands

o New Zealand

o Norway

o Slovak Republic

o Sweden

o Turkey

Unitary countries with four levels of government

o France

o Italy

o Poland

o United Kingdom

Federal and Quasi Federal countries with three levels of government

o Australia

o Austria

o Canada

o Mexico

o Switzerland

Federal and Quasi Federal countries with four levels of government

o Belgium

o Germany

o Spain

o United States

It is important to note that whereas most countries have three levels of government, eight countries have

four levels of government whereas five of them have only two levels of government.

Australia a federal country is divided into six states and two self-governing territories and 571 municipalities.

States have the most responsibility for land-use planning, as it is not explicitly discussed in the constitution

and powers not assigned to the federal government by the constitution reside with the states.

With limited responsibilities towards land use planning, the national government influences land use

through environmental regulations. It also directly controls land use in select areas (national parks etc.).

States, the most powerful actors, enact the framework legislation that structures the planning system. Each

state has created enabling laws that specify how land use is regulated. In practice, states delegate land-use

planning to local authorities and municipal plans are the main planning instruments in all states except for

the sparsely populated Northern Territory, where a land-use plan for the entire state exists.

Local Government Authorities are the most important actors involved in land-use decisions with the

primary responsibility to formulate and approve local land-use plans that determine permitted development.

Furthermore, they prepare related zoning regulation and can issue other ordinances to influence the built

environment within their jurisdictions.

2.3.1.1 Local Planning Schemes

The most important and the only type of plan that exists across most of Australia. With minor variations

from state to state, they provide both general objectives for the spatial development of a municipality and

detailed descriptions of permitted land use (including regulation on floor space, site setbacks, etc.). The

scale is typically in the range of 1:10000.



2.3.1.2 Metropolitan Plans

Primarily policy and strategic guidelines, with partial geographical coverage, these plans exist in all

metropolitan areas in Australia, providing a metropolitan-wide framework on housing, employment growth,

coordinating land use and infrastructure. Indicated distribution of new housing between different Local

Government Authorities and identify strategic sites for urban development. Metropolitan plans are not

legally binding for Local Government Authorities, but there is a general expectation that they will be given

statutory effect (i.e. be implemented) through Local Planning Schemes. These should, for instance, reflect

the expectations of Metropolitan Plans with respect to residential and industrial zoning.

2.3.1.3 Other Plans

A number of other plans exist in most Australian states including Coastal Management Plans, Threatened

Species Recovery Plans, Development Control Plans (that guide development at the neighbourhood level)

and Development Contribution Plans that provide frameworks for the required contributions from

developers.

Most laws and regulations affect land use on the state level. Four relevant types of laws are under the

responsibility of states but are common across all of Australia.

Each state has enacted framework legislations that establish the planning system and govern planning

processes.

Environmental protection laws regulate water, noise, air pollution and similar issues at the state level.

State laws establish national parks and protect native species.

Heritage laws at the state level protect man-made items of particular value.

Several subject-oriented Ministerial Councils exist to provide vertical coordination between different levels

of government. Examples of such ministerial councils include local government and planning,

environmental protection and heritage, energy and natural resources etc.

On the local level, metropolitan plans are the coordinating instrument used by most states. Although not

binding for local governments, it is expected that local governments take them into account when making

their own land-use plans. Any further coordination on the regional and local level generally occurs on an

ad-hoc basis.

Austria is a federal state with three levels of government; the national level, nine federated states and 2100

municipalities. The federal constitution assigns responsibility for local planning to municipalities. As it does

not mention other aspects of planning, which remain within the responsibility of federated states.

Despite lack of responsibilities for formal planning, the national government has important tools to

influence the spatial structure of Austria. It plans and finances major infrastructure projects such as national

road, railways and main energy transmission lines as well as enacts some environmental and heritage

protection legislation that restrict and steer land development.

States hold most powers related to planning and pass their own framework legislation to organise spatial

and land-use planning. All federated states except for one (Vorarlberg) have state spatial plans and most



states also plan at a regional (i.e. sub-state) scale. They are similar in terms of the formal processes & practice

of regional/intercommunal planning; retail developments; culture of informal cooperation between

municipalities; financial instruments to influence development. Besides their direct responsibilities for

planning, the states can shape their spatial structure through their responsibility for environmental

legislation, housing, economic development and infrastructure of state-wide importance.

Municipalities in Austria are among the smallest within OECD with an average population of only 4000

inhabitants. Nevertheless, they hold considerable responsibilities for the strategic spatial planning within

their territories as well as for the preparation of land-use plans. Some states (e.g. Salzburg) encourage or

oblige municipalities to form municipal associations that prepare regional spatial plans.

All three levels of government work together in the Austrian Conference for Spatial Planning, which is a

dedicated multi-level governance body to coordinate spatial policies between national regional and local

levels. The national government hosts its secretariat.

2.4.1.1 Austrian Spatial Development Strategy

This is the most important strategic planning document, containing broad policy objectives for spatial

development and suggests policies and gives a direction on how to achieve them. It also mentions the

relevant actors that should be involved in the implementation of the proposed policies.

2.4.1.2 State Development Concepts

These mid-term to long-term strategic documents (renewed every 10 to 20 years) exist in eight out of nine

federated states. They describe the main objectives related to spatial development and provide guidance on

planning procedures and involvement of different sectoral policies and regional and local actors. Though

not land-use plans in general, they may contain small scale land-use maps of specific areas.

2.4.1.3 Regional Development Concepts

These are prepared only for parts of a state. The nature and characteristics of regional planning varies the

most between states. Whereas in some states they are prepared only for special areas (e.g. alpine ski resorts),

in some they contain long-term visions and in others, they contain detailed land-use plans which are binding

for subordinate plans. Many of these focus on governance aspects and describe issues like inter-municipal

coordination, and citizen involvement and are also used as communication tools to address all spatially

relevant actors.

2.4.1.4 Local Development Concepts

The main strategic plans of municipalities that outline spatial development objectives for the short-term,

medium-term and long-term, these plans exist in virtually every municipality in Austria. Sometimes,

prepared in collaboration with neighbouring municipalities, they are binding for subordinate plans. Below

Local Development Concepts, two different local plans exist that are both legally binding for land owners.

2.4.1.4.1 Land Use Plans

All municipalities prepare land use plans, which contain general zoning regulation that shows the permitted

types of land use typically at a scale of 1: 5000. In absence of any value capture tools, zoning decisions in

municipal land use plans have strong financial consequences for land owners.

2.4.1.4.2 Regulatory Plans

The second type of binding plans for land owners, the regulatory plans specify details of permitted

developments, such as building heights and architectural elements. They have scales between 1:1000 and



1:500 and exist in two different versions that either cover an entire municipality or parts of it. These are

prepared only by some municipalities for areas that are either important or subject to large-scale

development projects.

Most important laws and regulations related to land use are state laws (including the framework legislation

describing the planning systems). Typically, a Spatial Planning Act and a Building Act structure the land-

use planning system. They are complemented by laws and regulation on the environment state roads,

agriculture, economic development and housing and housing subsidies.

The Austrian Conference on Spatial Planning is a collaborative effort of the national government, state

governments, local governments, business associations, and civil society-associations It aims to provide

high-level coordination of spatially relevant policies across the country and assemble relevant stakeholders

from the political and administrative level. Furthermore, two types of formalised vertical coordination

mechanisms between state and local governments exist. State governments and municipalities enter

cooperation agreements regarding specific aspects of their spatial policies on a voluntary basis. Moreover,

state governments act as supervisory authorities that monitor the compliance of local plans with state plans.

Belgium is a federal country with four levels of government; the national level, three regions (Flanders.

Brussels and Wallonia), ten provinces and 589 municipalities. The division of tasks with respect to land-use

policies is determined by the constitution and regions have almost complete autonomy in land-use

decisions. The federal government affects land use only through national legislation, such as the Civil Code,

which contains elements related to building activities. The strict decentralisation of land-use planning to

the regions occurred in the last two decades of 20th century. Regional land-use plans that were prepared

based on national legislation of the 1962 Act have been incorporated into current regional law in all three

regions and continue to regulate land use in large parts of the country.

Regions enact the framework legislation that structures planning, and delegate many tasks to lower levels

of government. Regions directly influence land use by preparing Regional Spatial Development Plans and

important related policy fields, such as environmental legislation, energy and building code regulations.

Provinces are the intermediate level of government in Flanders and Wallonia and are active in policy fields

that require inter-municipal coordination. In Flanders, provinces are responsible for the preparation of the

Provincial Structure Plan and the Provincial Implementation Plan, whereas in Wallonia no plans at the

provincial level exist. There, provinces can affect land use only indirectly, for example through their

responsibility for provincial infrastructure and housing.

All regions delegate significant authority to municipalities. In all of Belgium, municipalities may prepare

Municipal Structure Plans and detailed Municipal Implementation Plans. Especially in the Flanders region,

local responsibility for land-use decisions has been strengthened in recent years. In contrast, in the Wallonia

region, less emphasis is placed on local autonomy. Instead, integrated planning for functional areas plays a

more important role.

No spatial plan exists at the national level in Belgium.



2.5.1.1 Regional Zoning Plans

Prepared at the sub-regional level, these plans provide binding land-use regulations at a scale of 1:10000 for

most of the territories in all three regions. Mostly, created in 1970s-1980s under the national act of 1962,

the plans were incorporated into the new regional planning systems when responsibilities for land-use

planning were transferred to regions. Regional Zoning Plans regulate land use of approximately 80 per cent

of the Belgium.

2.5.1.2 Regional Spatial Development Plans

They contain strategies for spatial development of the regions and provide guidelines for land-use policies.

All Regional Spatial Development Plans provide a framework with which lower levels of plan must comply.

2.5.1.3 Implementation Plans

In Flanders, Regional Spatial Development Plans are complemented by similar plans at provincial level.

Furthermore, the provinces and municipalities have the possibility to adopt Implementation Plans. These

land-use plans that can override land-use regulations of the old Regional Zoning Plan. They are not

hierarchical in the sense that they are not meant primarily to guide actions of lower levels of government,

but rather to implement zoning changes that are stipulated by Structure Plans

2.5.1.4 Regional Structure Plans

These plans set out which level of government is responsible for which task for e.g. the Flemish government

is responsible for Implementation Plans relating to airports and ports whereas municipalities are responsible

for Implementation Plans for business parks.

2.5.1.5 Municipal Structure Plans and Municipal Implementation Plans

At the local level, the system of plans is comparable in all Belgian regions. Municipalities may prepare a

Municipal Structure Plan. Furthermore, they prepare detailed Municipal Implementation Plans. Typically at

scales between 1:1000 and 1:500. These plans override the old Regional Zoning Plans or Municipal Zoning

Plans.

The only major national law that influences land use directly is the Civil Code, which regulates specific

aspects of building activity, for example related to common walls.

In Flanders, the framework legislation on the land-use planning system is contained in the Decree on Land

Policy, in WalIonia it is provided by the Codex on Spatial Planning. Housing. Heritage and Energy* and in

Brussels it is found in the Brussels' Law on Spatial Planning. Furthermore, all regions provide environmental

regulation that has direct consequences on land-use patterns.

Planning procedures generally require consultation of other levels of government in order to ensure vertical

coordination. Depending on the nature of a plan, sometimes consultation of local governments of

neighbouring jurisdictions is required. However, little coordination occurs across the three different Belgian

regions. Coordination between sectors is provided by similar consultation processes between involved

authorities. In some cases, the consent of actors from other sectors is required for the approval of a plan.



Canada is a federal state with three levels of government; the national government, ten provinces & three

territorial governments, and 3805 local authorities, of which 1233 are general local governments and

remaining 2572 are special purpose authorities, such as school districts.

Division of powers between the federal government and provinces is constitutionally defined, and

provinces have full autonomy over land-use planning. However, the federal government plans for land uses

under its direct control (e.g. federal lands in the National Capital Region, national waterways and parks). It

can also influence land-use planning at the provincial and municipal levels through targeted programme

and financial support - e.g. urban infrastructure programmes.

Provinces have full autonomy to create their own framework legislation to structure their planning systems.

The systems of land-use planning are mostly similar across all provinces and territories, but nevertheless

important differences exist.

Provinces and territories with few inhabitants tend to centralise land-use planning.

Provinces and territories with a large number of inhabitants tend to delegate more power to local

governments.

Administrative capacity at local level, reflects varying population sizes and resources available in

provinces.

o In the Province of Ontario, approximately 4300 professional planners are employed by public

authorities and consulting firms;

o In the Province of Prince Edward Island there are approximately 10-15 professional planners.

Municipalities in all provinces have similar powers, and they can prepare/adopt different types of land-use

plans as by-laws and use them to regulate development in their territory. The municipalities are also

responsible for issuing planning and building permissions.

No National Plan exists in Canada.

2.6.1.1 Regional Plans

The regional Plans contain high-level objectives and policies for regional-scale land use, growth

management, environmental protection, regional-scale infrastructure and economic development. They

vary considerably across provinces and territories. Some contain map based land-use plans, whereas others

contain only strategic guidelines. In some cases, they cover the entire province (e.g. British Columbia and

Alberta) and in others they are prepared only for specific areas.

2.6.1.2 Community Plans

The highest level plans in a hierarchy of local plans, these are designed to provide an overarching vision

and policy framework for subsequent detailed plans. These are essentially land use plans that provide a

vision for future development of a community and layout strategies and tools to realise this vision. They

are prepared with extensive public consultation and are the main instruments for stakeholder engagement

in land-use planning. Typically prepared for the entire administrative territory of a municipality, they are

also termed as Official Plan, Official Community Plan, Development Plan, Municipal Plan, Plan

d’Urbanisme)



2.6.1.3 District Plans

Prepared for specific parts of cities and towns, the district plans provide more details than Community

Plans. Used for guiding new developments or redevelopment of existing neighbourhoods, they generally

do not provide details at plot level. They may also be created for special-purpose areas such as downtowns,

educational nodes, recreational land or significant parts of the transport network. The official names of

District Plans varies from Secondary Plan. Secondary-Planning Strategy, Area Structure Plan. Programme

Particulier d'Urbanisme) depending on the province.

2.6.1.4 Subdivision Plan

These are detailed plans that contain property boundaries, street locations, dimensions, topography,

environmental constraints and considerations of urban design and aesthetics. They are used to determine

the impact of developments on infrastructure, services and environment. Typically prepared at scales of

1:500-1:200, draft plans are circulated to agencies and public authorities with an interest in the concerned

area, and who can provide conditions for approval. Once all conditions are met, the plans are approved by

the responsible local government and provincial or territorial authority. The official names of Subdivision

Plans may be Proposed Plan, Plan of Subdivision, Proposed Registered Plan of Subdivision, Draft

Registered Plan of Subdivision, or Reglement de Lotissement'.

2.6.1.5 Site Plans

The lowest level plans, they provide a very high degree of detail, for example location of buildings on the

plot. Their scale depends on the size of property under consideration. Once a Site Plan has been approved,

a building permit may be issued.

All provinces and territories have framework legislation that structures the planning system. The framework

legislation governs the use of zoning by laws, which municipalities use to regulate land use. Furthermore,

provinces are responsible for environmental legislation and can adopt Environmental Acts that structure

and restrict municipal land use. They also adopt Building Codes, which are modelled on the National

Building Code.

Co-ordination of policies between levels of government occurs primarily through legislative frameworks

that assign each level of government a clearly defined task. Coordination between policy fields at the local

level is assured through Community Plans, which cover a wide range of sectoral policies. At the provincial

level, coordination mechanisms vary. While responsibilities for various aspects of land-use planning are

generally fragmented among different provincial ministries, some provinces have initiated policies that

require ministries to coordinate planning policies and programmes.

Chile is a unitary country with 3 levels of government, viz. the national government, 15 regions and 345

municipalities.

Directly as well as indirectly involved in land-use policies, the National Government, through the Ministry

of Housing and Urbanism formulates the National Urban Development Policy which guides planning by

lower levels of government.



The Ministry of Public Works plans infrastructure construction (main roads, airports, ports and water

related infrastructure) and coordinates infrastructure planning with urban planning. Several other ministries

assign areas of special relevance for tourism and environmental protection, which are subject to specific

regulations.

Furthermore, the Ministry of Housing and Urbanism - through its regional secretaries - is also responsible

for formulating Regional Plans for Urban Development Inter-municipal Land Use Plans and the Local

Land Use Plans which are subsequently approved by regional governments.

The National Commission for Land Use of the Coastline has the task of developing and implementing

policies for the maritime coastline. It is comprised of members for the Ministry of Defence and other

ministries and chaired by the Ministry of Defence. CONAF is a corporation controlled by the Ministry of

Agriculture that has the task of managing national parks, protecting native forests and biodiversity.

The regional level is primarily involved in land-use policies through preparation of two strategic plans; the

above-mentioned Regional Plans for Urban Development and the Regional Development Strategies that

focus on socio-economic aspects. Furthermore, it must approve Inter-municipal Land Use Plans and Local

Land Use Plans created at the local level.

Municipalities are responsible for determining urban boundaries (in cooperation with the regional

secretaries of the Ministry of Housing and Urbanism). They also create the Local Land Use Plans and

participate in the creation of Inter-municipal Land Use Plans. Furthermore, municipalities can approve

requests for small to midsized residential and commercial developments outside urban growth boundaries.

Large developments outside urban growth boundaries also need the approval by regional secretaries of the

Ministry of Housing and Urbanism and the Ministry of Agriculture.

2.7.1.1 Regional Development Strategies

The Regional Development Strategies tend define broad socio-economic objectives, with only few of them

having spatial dimensions.

2.7.1.2 Regional Urban Development Plans

These describe the urban centres in a region and provide growth targets for each of them. While neither of

the regional plans is legally binding for subordinate land use plans, in particular the growth targets of the

Regional Urban Development Plan are expected to be incorporated into local land-use plans.

2.7.1.3 Local Level Plans

On the local level, several partly overlapping land-use plans exist, but large parts of the Chile are not covered

by any of them.

2.7.1.3.1 Inter-municipal Land Use Plans

These plans coordinate local land-use decisions in urban agglomerations comprising of more than one

municipality. Prepared by regional secretaries of Ministry of Housing and Urbanism, these are legally

binding for zoning plans created by municipalities. If no local land-use plans exist, inter-municipal land-use

plans must be used to guide urban planning decisions. These are generally prepared at a scale of 1:50000.

2.7.1.3.2 Local Land Use Plans

These plans are prepared by municipalities with urban centres of more than 7000 inhabitants or by those

that face major redevelopments. The typical scale varies from 1:20000 to 1:2500.



2.7.1.3.3 Urban Boundaries

These plans specify the growth boundaries for urban areas with the goal of restricting development outside

these boundaries. Municipalities tend to grant exemptions to these legally binding plans for a variety of

developments related to industrial buildings, tourism, agriculture and housing. As a result, they are not

strictly enforced in many cases. Generally defined in Inter-Municipal Land Use Plans and Local Land Use

Plans, these plans may be defined independently in case of their absence.

2.7.1.3.4 Sectional Plans

These detailed neighbourhood level plans are drawn up by municipalities for more than 50000 inhabitants

if they employ an urban planner. Where they exist, they form statutory land-use plans and tend to be strictly

enforced. The scales of these plans varies from 1:5000 to 1: 2500

Compared to other OECD member countries, an exceptionally large number of laws, regulations and other

legal instruments governs land use and land-use planning. In some instances, the multitude of instruments

can lead to laws and regulations with overlapping or contradicting objectives.

Most powers with respect to land-use planning are held by the Ministry of Housing and Urbanism. It

prepares all local land-use plans through its regional secretaries. Vertical integration of the different plans

is one of the criteria for their approval.

Non-permanent mechanisms for horizontal policy coordination across policy fields exist, for instance

commissions dedicated to specific policies or projects. As these commissions have no formal

responsibilities, their effectiveness varies and depend on involved actor's inclination to cooperate.

The Czech Republic is a unitary state with three levels of government; the national level, 14 regions and

6258 municipalities. The planning system integrates other important policy fields related to land use such

as environmental policy, agricultural policy and transport infrastructure. The national government, through

its Ministry for Regional Development, is responsible for the legislative framework that defines the planning

system.

The Ministry for Regional Development supervises planning of other levels of government and keeps

records of their activities. It is also responsible for preparation of Spatial Development Policy which guides

lower level planning. The national government also prepares Regulatory Plans in areas under military

control.

Regional offices of the national government (i.e. deconcentrated state administrations) prepare the regional

Development Principles and also some Regulatory-Plans for areas of supra-local importance within their

territory. They also issue planning permissions for developments that affect several municipalities with

extended powers or that are planned under special regulations. Regional councils (i.e. elected regional

assemblies) approve the regional development principles as well as the Regulatory Plans prepared by

regional offices.



With an average of only 1640 inhabitants, municipalities in the Czech Republic are smaller than in any other

OECD country. Administratively, they are divided into two types; those with extended powers and those

without. Municipalities without extended powers are assigned to a municipality with extended power that

fulfils several administrative functions for them and in particular serves as their planning authority. They

also prepare Local Territorial Plans, Regulatory Plans and Planning Studies for their own territory and for

that of adjunct municipalities without extended powers. However, these plans have to be approved by the

local council of the affected municipality (no matter whether with or without extended powers). The local

councils can also comment and object to regional development principles and to plans of neighbouring

municipalities. Building offices located in larger municipalities issue planning permissions.

2.8.1.1 National Development Policy

The Czech Republic uses a hierarchical system of plans with plans at the national, regional and local level.

Lower level plans generally need to comply with higher level plans. The National Development Policy

contains general guidelines for planning at regional and local level. Particularly specifying sustainable

development requirements, it outlines the key spatial relations within the country and objectives of national

government related to them. The National Development Policy is enacted by regulatory decision and is

updated or replaced every four years.

2.8.1.2 Development Principles

In terms of functions these are similar to the National Development Policy, but provide more details for

specific policy areas (such as roads) or for territories of particular importance. In addition to showing the

spatial development priorities of regions, they also coordinate the planning activities of municipalities.

2.8.1.3 Plans at Municipal Level

2.8.1.3.1 Local Territorial Plans

These are land-use plan that indicate permitted land uses at a scale in the range of 1:10000 to 1:5000 and

covers the entire territory of a municipality. Usually reviewed every four years, it is updated or replaced only

when a need arises. Though strictly enforced, they are frequently updated to fit the need of developers. In

certain cases, they leave scope for discretion by the building office responsible for issuing planning

permission.

2.8.1.3.2 Regulatory Plans

Prepared for specific areas like redevelopment zones, etc. only small parts of municipalities are covered by

them. These plans provide further regulations regarding details of permitted developments, such as

architectural specifications, and have scales of 1:1000 to 1:500. Public Authorities tend to procure them

from private sector services. Regulatory plans procured privately are valid for three years after having been

approved, but must be revised if the Local Territorial Plan on which they are based is changed.

2.8.1.3.3 Planning Studies

These are ad-hoc documents procured by regional and local authorities to develop solutions to particular

planning problems. They are non-statutory and have no legally binding consequences on either land owners

or public authorities. Planning Studies do not have clearly defined contents and can range from broad

strategic documents to precise land-use plans.



2.8.1.4 Major Laws and Regulations

Czech Republic has many laws that impact the planning system. The Building Act outlines the spatial

planning system in the country. Four different environmental laws serve to protect air, water, landscapes

and other environmental aspects. Different acts deal with issues of road construction & management,

railways and laws relating to the protection of heritage sites.

2.8.1.5 Coordination Mechanisms

Vertical coordination between levels of government occurs primarily through the hierarchical nature of the

planning system. Local governments must follow the guidelines of higher level plans. In practice local

governments are not tightly constrained by higher level plans, since higher level plans lack the specificity to

be strictly enforced. Formal horizontal coordination between municipalities occurs through involvement

of neighbouring municipalities in the planning process and through the possibility to provide comments

and raise formal objections. Co-ordination across policy fields is ensured through a system that requires

sectoral authorities (mostly regional agencies of relevant ministries) to provide an assessment of all new

plans before their approval.

Denmark has three levels of government: the national government, five regional governments and 98 local

governments. At the national level, Ministry for Business and Growth prepares a national planning report

after each parliamentary election presenting the government's long term considerations on spatial

development and providing overall guidelines for spatial planning in Denmark. The ministry is also

responsible for safeguarding national interests in physical planning and releases a report on National

Interests in Municipal Planning (every four years). The ministry also provides a national planning directive

for overall planning in the greater Copenhagen metropolitan area. More generally, it has the power to issue

national planning directives related to areas that are of importance for the broader society, such as

infrastructure construction. Lastly, the ministry can establish special rules for planning of certain activities,

such as the construction of wind turbines.

Regional governments are responsible for strategic development planning with a focus on regional

economic development by creating Regional Growth and Development Strategies that are supposed to

align different stakeholders behind a common vision for the region. Furthermore, they prepare the Regional

Raw Materials Plan.

Municipalities, the most important actors in land-use planning, conduct extensive forward-looking strategic

planning for their territory and prepare detailed municipal and local plans that steer land use (unless being

overridden by a national planning directive).

With a hierarchical spatial planning framework that can be characterised as a three tier system of

development plans and strategies and a two tier system of land-use plans. Each level of government

prepares a strategic plan. The National Planning Report provides a vision for spatial development in

Denmark. Regional Growth and Development Strategies focus on economic development with an

emphasis on the inclusion of relevant stakeholders. Municipal Strategies for Planning vary in their

characteristics. Some are strictly focused on land use, but most municipalities use them to prepare broader

local development strategies.



2.9.1.1 Municipal Plan

The most complex land use plan in the Danish planning system plays the role of integrating different

objectives of higher level strategic plans into a comprehensive policy document that specifies overall

objectives for development, includes guidelines for land use and provides a general land use framework for

the municipality. These are prepared generally at a scale varying from 1:20000 to 1: 5000.

2.9.1.2 Local Plans

They provide detailed land use regulations on varying topics at scales mostly varying from 1:10000 to

1:1000. Local plans have to be created for every major development project.

2.9.1.3 Sectoral Plans

Three main types of sectoral plans exist in the addition to the above mentioned plans. The Water Resources

Plan, the Natura 2000 Plan and Regional Raw Materials Plans. Each of the types of plan contains strategic

objectives but also zoning regulations for selected areas.

2.9.1.4 Finger Plan

The Finger Plan 2007 and 2013, is a legally binding National Planning Directive containing strategy for

growth and urban development of the metropolitan area of greater Copenhagen. Any planning in the

Greater Copenhagen area must not conflict with the Finger Plan or other national planning directives for

the area. Municipal planning in the Finger Plan area must ensure that urban development is planned with

respect to a core urban region ('the palm of the hand"), the peripheral urban region ("the city fingers"), the

green wedges ("between the fingers") and the rest of the Greater Copenhagen area. Special attention is

given to opportunities for strengthening public transport services and to avoiding urban growth in the green

wedges.

Planning Act provides for the framework legislation that defines the planning system in Denmark. The

building act details out further import planning and development requirements for building permits. Some

other important acts are the Nature Protection Act (main environmental law) and Land Registration Act

that contains regulations on property ownership and registration and also specifies that a local plan must

be registered in the land registry for each individual property. From a fiscal perspective, the Valuation Act

is important for land use because it determines how a property is valued and taxed.

Vertical coordination occurs through the legal requirement that lower level plans follow the guidelines in

higher level plans. Municipalities are required to align their planning documents with the above-mentioned

national planning directives, water resource planning, Natura 2000 planning and raw materials planning.

Also, municipal plans may not contradict the visions for spatial development in the Regional Growth and

Development Strategies. However, enforcement of the latter is limited because of a lack of enforceable

specific land use regulation in regional strategic planning documents.

Horizontal coordination is explicitly required by the Planning Act. Municipal plans must take a number of

themes and policy sectors into account in a comprehensive manner. There are no formal provisions how

this is achieved in the planning process.



Estonia has two levels of government, the national government and 213 municipalities. In between,

counties - deconcentrated branches of the national administration - play an important role in coordinating

policies at the regional level.

National government prepares a national spatial plan that directly influences spatial and land-use policies.

Also, a variety of sectoral agencies, such as Road Administration, Environmental Board, Land Board

(responsible for the 42 per cent of Estonian land that is state owned), and Heritage Board approve plans

within their area of responsibility.

The coordinating role is played by the Counties at the regional level. They have two main powers; first they

adopt County-wide Spatial Plans, which counties either prepare themselves or procure from private

consultants. Second, they ratify Comprehensive Plans and those Detailed Plans that conflict with existing

Comprehensive Plans.

Urban and rural municipalities play the most important role in land-use planning in Estonia. They prepare

Comprehensive Plans, along with associated Thematic Plans and Detailed Plans, which are statutory land-

use planning instruments. While municipalities are politically and legally responsible for the content of these

plans, their actual preparation is usually outsourced to private consultants. Furthermore, municipalities may

complement the national Building Code by issuing local Building Ordinances and issue building permits to

developers.

The Estonian planning system broadly follows the approach of Scandinavian countries.

2.10.1.1 National Spatial Plan

It provides for the broad outlines of spatial policy forming the basis for County wide Spatial Plans

2.10.1.2 County Wide Spatial Plans

These are strategic spatial plans and contain land use plans at a scale of 1: 100000 covering a single county

with an average size of 3000 square kilometres and incorporate a wide range of policy areas.

2.10.1.3 Thematic Country Wide Spatial Plans

These plans supplemented the County wide Spatial Plans and have a focus on a particular policy area like

transport, environment and distribution of social infrastructure. These are also prepared at a scale of about

1:100000

2.10.1.4 Comprehensive Plans

These are the main land use planning instrument in Estonia typically prepared at a scale of 1:2000 to

1:20000. They exists in 209 of 213 Estonian municipalities (the remaining four municipalities have not

drawn up a Comprehensive Plan but are legally required to do so). These plans may be complemented by

Thematic Plans, typically in a scale of 1:2000 to 1:20000.

2.10.1.5 Detailed Plans

Created for new buildings or important facilities in urban areas, these are generally prepared in a scale of

1:500 to 1:5000. All municipal plans are legally binding for land owners.

Planning Act governs the urban development in Estonia. It outlines the planning process and content of

plans. Building Code (contained in several acts) provides building regulations and specifies rules for

construction close to roads and technical infrastructure. These may be complemented by Building



Ordinances that can further regulate building procedures at the local level in accordance with national

regulation. The Nature Protection Act regulates construction in nature protection zones, areas close to

rivers and lakes and on the coast. The Heritage Act regulates building activity in conservation sites.

Horizontal coordination is ensured through involvement of different sectoral agencies in the planning

process at all levels of government. A department of Ministry of Finance is responsible for implementation

of the Planning Act and for preparing and implementing the National Spatial Plan. Vertical coordination is

a task of county administrations, through application of national spatial strategies to regional level and

ensuring that municipal plans adhere to national goals as outlined in the County-wide Spatial Plans.

Coordination occurs generally on an ad-hoc basis. No governmental body is explicitly dedicated to either

horizontal or vertical coordination, although the Ministry of Finance may mediate in case of planning

conflicts between counties or in case of conflicting national interests.

Finland is a unitary country with 313 municipalities. At an intermediate administrative level there are

regional councils, but only the regional council of island of Aland has the status of an autonomous regional

government. The other 18 regional councils are statutory joint municipal boards. An ongoing reform aims

at reforming the regional structure and at establishing full regional governments.

The national government sets out framework legislation that structures the planning system and other

relevant legislation like environmental laws. The national government outlines the national objectives

regarding land use and regional spatial structure. The Ministry of Environment is in charge of drafting

national land use objectives. It also provides guidance to the land use planning processes and regulation of

building activities. The national government indirectly influences spatial policy through Centres for

Economic Development, Transport and Environment Centres (ELY Centres).

Regional councils promote regional development and regional land use planning through preparation of

Regional Plans, but are mainly responsible for implementing programmes supported by EU structural funds

and using them to affect spatial structure of the region.

Ensured by the Finnish Constitution, local self-governments or the municipalities meet the responsibility

of land-use planning by preparing Local Master Plans and Local Detailed Plans. They are also responsible

for issuing planning permissions and building permits.

2.11.1.1 National Land Use Objectives

Finland uses a hierarchical system of plans. No spatial plan exists at national level, but the government

develops national land use objectives to steer policy on land use and regional spatial structures that are

important for the whole country. Lower levels of government are required to take them into account in

their planning process. The Ministry of Environment in cooperation with other ministries has developed a

non-binding vision for the regional structure and transport system of Finland in 2050 which envisions a

poly-centric regional structure for the country.




The highest level plans, they set out principles for land use and community structure, and designate areas

required for regional development in-line with national or regional land use objectives or for harmonising

land use in several municipalities.

2.11.1.3 Local Master Plans

These plans prepared by the Municipality typically at a scale of 1:10000, contain a description of urban

structure of municipality and general objectives for community development. They contain zoning

regulation for the entire territory of a municipality and specify areas for which Local Detailed Plans are

required. Local Master Plans exist in all municipalities.

2.11.1.4 Local Detailed Plans

These plans prepared by Municipalities, typically at a scale of 1:2000, guide development in a particularly

important or sensitive areas by providing detailed regulations on permitted development for individual

plots. It is necessary that the Local Detailed Plans must not impose avoidable unreasonable restrictions on

land owners and must ensure that they substantially maintain the quality of anybody's living environment

unless necessary to meet objectives of the plan.

The Land Use and Building Act structures the land use planning system and contains provisions to ensure

the environmental, economic, social and cultural sustainability of planning. Together with the Local

Government Act, which outlines the responsibilities of municipalities, it forms the framework legislation

for land use planning. Further provisions regarding the planning process are provided by decree, ministerial

decision and local building ordinances. Important restrictions on land use are also contained in the Nature

Conservation Act and Environmental Protection Act.

Vertical coordination of land use policies is the task of Centres for Economic Development, Transport and

Environment. They monitor regional and local land use policies to ensure that national objectives with

respect to land use and building activity are taken into account. Horizontal coordination across policy fields

is the responsibility of Ministry of Environment, which harmonises regulations concerning building

activities that are issued by other government authorities.

France has four levels of government: the national government, 18 regions, 101 departments, and 35885

municipalities. The national government is active in land-use governance primarily through its responsibility

for legal framework concerning land use planning, environmental policy and other policy fields.

Furthermore, it plans and finances infrastructure projects of national importance such as motorways and

railways as well as facilities such as universities. No national level spatial plan exists in France.

The influence of regions on land use comes primarily through their involvement in the planning and

financing of large scale infrastructure projects. Furthermore, regions prepare a general strategic plan that

outlines their policy priorities and develops a spatial vision for the region.



The intermediate level of government between regions and municipalities also known as the departments

does not have any formal responsibilities in the field of land use planning. It has limited influence on land

use through its responsibilities for other policy fields like construction of schools and departmental roads.

Several different types of inter municipal authorities exist in France, depending on the population size of

urban agglomerations. Especially inter municipal associations in larger urban areas play an important role

in the French planning system. They are responsible for creating strategic plans that focus on providing a

coherent strategy for the entire urban agglomeration. These plans are legally binding for local land use plans.

Municipalities are responsible for creating local land use plans and for issuing building permits. With an

average number of 1735 inhabitants, municipalities in France are among the smallest within OECD. While

they can form inter municipal associations to create local land use plans, the responsibility for issuing

building permits always rests with an individual municipality. Subject to approval of the national

government, municipalities can also create dedicated urban planning agencies that provide advice on urban

planning and land management issues and draft local and inter municipal plans. Currently, 51 of such

agencies exist in France.

France has three levels of spatial plans.


Also known as SRADDT, these are guiding documents for regional spatial policies and show political

investment priorities. Generally, not binding for lower level plans, the regional plans for Ile-de-France (i.e.

the greater Paris region), Corsica and French overseas territories are more detailed, contain limited zoning

regulations and provide binding frameworks for lower level plans. Regional plans are supplemented by

three additional plans in the form of Climate, Air and Energy Regional Plan (SRCAE), Ecological

Consistency Regional Plan (SRCE) and Infrastructures, Transportations and lnter-modality Regional Plan

(SRIT). It has been decided that in future, these plans will be combined into a single regional plan.

2.12.1.2 Territorial Coherence Scheme (SCoT)

At the metropolitan level, territorial coherence schemes are prepared by inter-municipal associations. SCoT

aims to guide local land use plans by providing strategic spatial development guidelines connecting the

issues of housing, transport and urban planning

Generally prepared at a scale of 1:50000 to 1:100000, they may contain small scale land use plans to steer

local plans. Though not mandatory for municipalities to adopt a SCoT, municipalities without a SCoT are

not allowed to approve development in undeveloped areas. Thus, municipalities in large urban areas have

a strong incentives to adopt a SCoT and most have done so.

2.12.1.3 Local Urban Plan and Intercommunal local Urban Plan

Typically prepared at scales in the range of 1:5000 to 1:2000 at the local level, PLU or PLUIs provide

detailed zoning regulations. They may be prepared by a single municipality or jointly by inter-municipal

associations. As of 2017, a new law mandates the preparation of inter-municipal plans instead of plans for

single municipalities unless more than 25 per cent of the municipalities accounting for at least 20 per cent

of the population of an inter-municipal association veto the preparation of a joint plan. While a large

majority of municipalities in France are covered by a local land use plan, a few mainly smaller ones in rural

areas are not. Those municipalities refer to national planning regulations for land-use decisions.



There are four particularly important laws concerning land use that exist in France. The law on solidarity

and urban regeneration establishes metropolitan plans (SCoT) and local land use plans (PLU) and aims at

coordinating urban planning, housing and transport policies and sets the objective that cities of more than

50000 inhabitants should have at least 20 per cent social housing. A recent law introduced flexible rent

ceilings and abolished previous legislation preventing the construction of small housing units. Two laws

concerning mountainous and coastal areas, specify particular environmental protection standards for the

covered areas and measures to stimulate tourism and other economic activity related to the specific

landscapes.

Formal vertical coordination mechanisms between levels of government are limited and are primarily

related to the hierarchical structure of the planning system, in which lower levels of government must align

their plans to higher level plans. Plans at the same hierarchical level are expected to take each other into

consideration, which is less demanding and implies only that one plan does not block the measures foreseen

in another plan. Horizontal coordination is strengthened by recently created Public Action Territorial

Conferences. These meetings assemble all regional and local authorities under chairpersonship of the

regional council president and facilitates an integrated and cross-disciplinary planning process.

Germany is a federal country with four levels of government. Below the national government, there are 16

federal states. At an intermediate level there are 402 administrative districts and at the local level 11092

municipalities. For historical reasons three of the federal states - Berlin, Hamburg, aid Bremen - cover only

the territory of individual large cities and combine the functions of states and the municipal level. While

smaller municipalities usually belong to a district, larger ones with roughly 100000 or more inhabitants are

independent of districts and combine the functions of municipal and district administration.

According to the constitution, federal and state governments have overlapping legislative authority in spatial

planning matters. Both the federal as well as state governments can pass laws related to spatial planning. If

both levels of government adopt/pass spatial planning laws, the latest enacted law (either federal or state

law) takes precedence.

States generally tend to follow federal legislation, but frequently pass laws that deviate in parts. This has

resulted in a system that is broadly similar in all German states, but contains a lot of variation in the details.

The planning and governance system follows a principle where decision making mechanisms contain a mix

of top down and bottom up approaches. States generally develop spatial development plans for their

territory that, depending on the state, impose more or less restrictive guidelines on lower levels of

government. Often, some parts of the state administration create regional plans that are binding for local

land use plans.

In most states, districts have limited powers related to spatial planning, with the exception of

Niedersachsen, where they are responsible for preparation of regional plans. The constitution allocates

considerable powers related to land use decisions to municipalities. In all states, they are responsible for

preparation of local land use plans and other detailed urban planning instruments.



2.13.1.1 Policy Document

Germany does not have any comprehensive spatial plan at the national level, but the Standing Conference

of Ministers responsible for Spatial Development in Germany prepares a policy document. The paper

adopted in 2016 highlights four strategic concepts:

Enhancing competitiveness

Ensuring provision of public services

Controlling and developing land use sustainably

Adapting spatial structures to the effects of climate change and increasing use of renewable energy

Additionally and specifically for exclusive maritime economic zones, the spatial plans are responsibility of

the Federal government.

2.13.1.2 State Spatial Development Plans

At the subnational level, conceptually all federal states prepare more or less similar plans that formulate the

spatial goals and strategies for the state, but they differ in important details from each other. Generally

prepared at a scale of 1:750000 to 1:200000, these plans are used to coordinate spatially relevant aspects of

sectoral planning at the state level and provide legally binding guidelines for spatial development to lower

levels of government.


More detailed Regional Plans are created for planning regions, each of which covers typically between 10

per cent and 30 per cent of a state. They are the central instrument for coordination between the top down

planning of federal and state level and the bottom up planning from the local level. Levels of detail

contained in Regional Plans and their restrictiveness vary considerably. According to the Federal Spatial

Planning Act, regional plans should contain specifications concerning the spatial structure (of settlements

and open spaces). They may designate growth areas, indicate important community functions and safeguard

extraction of location specific raw materials. Furthermore, they can show planned infrastructure, for

example for transport and public utilities.

Typically prepared at a scale of 1:100000 or 1:50000 these plans are prepared by the deconcentrated parts

of state administrations, by districts or by regional associations of local governments or by specially created

organisations such as metropolitan authorities.

2.13.1.4 Preparatory Land Use Plans

Municipalities exercise their constitutional right to planning through the preparation of a two-tier system

of land-use plans. The preparatory land use plan covers the territory of the entire municipality and outlines

the types of land use from intended urban development at a typical scale ranging between 1:25000 and

1:10000. This plan provides legally binding guidelines for the preparation of the Binding Land Use Plan.

2.13.1.5 Binding Land Use Plan

This plan determines which developments are permitted at a certain location. Usually prepared at a scale of

1:1000, preparation of binding land use plans is not mandatory and often only parts of a municipality are

covered by it. The Binding Land Use Plan is the only plan which gives landowners the right to development

(construction or alteration of land use). If no Binding Land Use Plan exists, new developments must be

approved by local authorities if they fit into their immediate surroundings.



The Federal Spatial Planning Act and the Federal Building Code provide the main framework for spatial

planning. Further important details are provided in the Federal Land Utilisation Ordinance, which defines

and regulates the different types of land uses. Aside from those laws and regulations, laws on federal road

and rail network and Federal Nature Conservation Act have strong effects on land use.

The counter flow principle governs the coordination between levels of government, wherein lower levels

of government have to adapt their plans to plans at higher levels, while at the same time providing input

and shaping those higher level plans. A special instrument for the coordination of important development

projects is the Spatial Planning Procedure. It is a structured process at an early stage of the planning

procedure that assesses the different regional and local impacts of a planned development. It involves

regional and local actors and aims at identifying and mediating potential conflicts over land use. While the

outcome of the Spatial Planning Procedure has no direct legal force, it must be considered in subsequent

planning decisions by public authorities.

Greece has two subnational levels of government in addition to the national government; 13 regions and

325 municipalities. Seven decentralised administrative units exist that are a deconcentrated part of the

national government.

Greece has a complex system of spatial planning wherein the national government has the most important

responsibilities. It is in charge of framework laws on regional and urban planning, environmental protection

and regional development. In addition to all laws concerning these fields, it also enacts all by-laws

concerning the planning process. The national government also approves almost all of the large number of

spatial plans in the country. Of the 25 different types of spatial plans that exist, 22 types of spatial plans are

approved by the national government, out of which 47 are jointly approved with the decentralised

administrations.

Regions have limited advisory roles in creation of some spatial plans on land use. The decentralised

administrative units are responsible for approving a detailed land use plan and jointly approve four other

plans together with the national government. Municipalities play advisory roles in approval of some local

land use plans. Earlier, the municipalities were responsible for approval of a local land use plans, but this

practice was legally abolished in 2014.

A special role is played by Enterprise Greece, a business promotion agency that has the authority to fast

track strategic investment projects. It is involved in preparation and approval of Special Spatial

Development Plans of Public Properties and Special Spatial Development Plans of Strategic Investments.

Both plans can override regular plans and speed up environmental licensing. Considering above factors,

the Enterprise Greece is more important for land use decisions than any level of subnational government

in Greece.

Enforcement is a major concern in Greek land use governance. A large number of illegally constructed

buildings exist in Greece and in most cases, developers face no or only mild fines and illegally constructed

structures are rarely demolished. A key reason attributed to this is absence of any administrative permitting

procedure that confirms that a new construction is in accordance with existing land use plans.



Greece has 25 different types of spatial plans, the largest variety of all OECD countries. A reform was

undertaken in 2014 that has been partially implemented as of 2016.

The very large number of spatial plans has several origins. Some of the existing plans were legally abolished

earlier, but remain in effect because they have not been replaced by more recent plans. In many cases,

specific types of plans exist for specific purposes, such as special plans for different types of urban

development. Lastly, there is a significant overlap between plans. There are many instances where the same

area be covered by four different types of zoning plans.

2.14.1.1 Old Framework

2.14.1.1.1 General Framework of Spatial Planning and Sustainable Development

Provides directives for the spatial organisation and coordinates policies, programmes and investments. It is

further complemented by special frameworks that provide directives for specific economic sectors and

infrastructure networks or territories.

2.14.1.1.2 Regional Framework of Spatial Planning and Sustainable Development

Generally prepared in a typical scale range of 1:800000 to 1:250000, they define the basic spatial planning

priorities for 12 years and they exists everywhere except the Attica Region. They are again complemented

by the special frameworks that provide directives for specific economic sectors and infrastructure networks

or territories. In addition to them, Regional Operation Programmes, River (water) Management Plan (at a

scale of 1:1000000) and Special Environmental Studies (in a scale range of 1:50000 to 1:25000) also

complement these plans.

2.14.1.1.3 Integrated Development Plans

Prepared at the municipal level in a scale range of 1:25000 to 1:10000, these plans deal with issues of

economic growth, social cohesion, environmental degradation and quality of life.

2.14.1.1.4 Development Control Zones

Prepared at the municipal level in a scale range of 1:25000 to 1:10000, these plans regulate land use in

rural areas.

2.14.1.1.5 General Urban Plans

Prepared at the municipal level in a scale range of 1:25000 to 1:10000, these plans regulate land use in

urban areas.

2.14.1.1.6 Special Urban Development Studies/Special Spatial Development Studies

Prepared at the municipal level in a scale range of 1:50000 to 1:1000, these plans cover high priority

areas (both public as well as private) like business districts etc.

2.14.1.1.7 Town Plan Studies

Prepared at the municipal level in a scale range of 1:2000 to 1:1000, these plans provide the detailed

regulation for a municipality.

2.14.1.1.8 Implementation Acts

Prepared at the municipal level in a scale range of 1:1000 to 1:500, these plans further specify zoning

elements contained in town planning studies.



2.14.1.2 New Framework

2.14.1.2.1 National Spatial Strategy/National Spatial Plans

Prepared at the national level, this is essentially an indicative document that sets out the principles and

objectives for spatial development. It is slated to replace the General Framework of Spatial Planning and

Sustainable Development. It would be further complemented by National Spatial Plans which are expected

to set out directives for specific economic sectors, infrastructure networks, or territories and would replace

the Special Frameworks of Spatial Planning and Sustainable Development.

2.14.1.2.2 Regional Spatial Frameworks

Generally prepared in a typical scale range of 1:100000 to 1:25000, they define the basic spatial planning

priorities for 12 years and contain directives for the spatial organisation. They are slated to replace the

Regional Frameworks of Spatial Planning and Sustainable Development. They are again slated to be

complemented by National Spatial Plans. In addition to them, Regional Operation Programmes, River

(water) Management Plan (at a scale of 1:1000000) and Special Environmental Studies (in a scale range of

1:50000 to 1:25000) would continue to complement these plans.

2.14.1.2.3 Integrated Urban Development Plans

Prepared at the municipal level in a scale range of 1:25000 to 1:10000, these plans would continue to deal

with issues of economic growth, social cohesion, environmental degradation and quality of life.

2.14.1.2.4 Development Control Zones

Prepared at the municipal level in a scale range of 1:25000 to 1:10000, these plans would continue to regulate

land use in rural areas.

2.14.1.2.5 Special Spatial Plans

These are slated to replace the old Special Plans and would have the same legal status as Local Spatial Plans

and may override them. These would be prepared at municipal level in a scale range of 1:25000 to 1:5000,

for areas of strategic importance on ad-hoc basis.

2.14.1.2.6 Local Spatial Plans

Prepared at the municipal level in a scale range of 1:25000 to 1:10000 to 1:5000 these plans would regulated

the land use in a municipality and replace the general urban plans.

2.14.1.2.7 Layout/Implementation Plans

Prepared at the municipal level in a scale range of 1:2000 to 1:1000, these plans would provide the detailed

zoning regulation for a municipality.

2.14.1.2.8 Special Urban Development Studies/Special Spatial Development Plans

Those plans which were approved before 2014 would remain valid till new plans are again prepared and

approved.

As in most countries, the building code is an important law that regulates various aspects of construction

activity. It is generally relevant for all types of developments, unless more specific rules have been

established by a particular plan covering the area.

Two important decrees regulate development in areas outside of town plans and areas inside settlements

without a town plan. They are enacted by the national government but interpreted and enforced by



municipalities. Since these areas correspond to a substantial part of the national territory, these decrees have

an important impact although sometimes they are weakly enforced. Another important decree specifies the

categories of land use that could be included in the different land use plans. Although this decree has been

abolished with the reforms of 2014, it remains in force for all old land use plans until they are replaced

As land use planning is almost exclusively the domain of national government, little scope for coordination

between levels of government exists and municipalities have few incentives to align their policies with those

of the national government beyond what is legally required.

In order to achieve horizontal coordination between different branches of the national government, one

ministry has an overall responsibility for land use policies and produces strategic plans that are supposed to

guide the entire government. However, as strategic plans are only guiding instruments with few

enforcement mechanisms, it is within the responsibility of individual ministries whether they take them into

account.

As in most countries, the building code is an important law that regulates various aspects of construction

activity. It is generally relevant for all types of developments, unless more specific rules have been

established by a particular plan covering the area.

Two important decrees regulate development in areas outside of town plans and areas inside settlements

without a town plan. They are enacted by the national government but interpreted and enforced by

municipalities. Since these areas correspond to a substantial part of the national territory, these decrees have

an important impact although sometimes they are weakly enforced. Another important decree specifies the

categories of land use that could be included in the different land-use plans. Although this decree has been

abolished with the recent reform, it remains in force for all old land-use plans until they are replaced

Hungary is a unitary state with three levels of government. One national government, 19 counties and the

capital region of Budapest constitute the regional level and 3178 municipalities form the local level. Having

several responsibilities related to spatial planning, the national government prepares national framework

legislation that structures planning at national and subnational level. It also enacts the National Spatial Plan,

two existing Spatial Plans for Special Regions and Cross-border Spatial Plans as well as uses financial

instruments and allocates its budget to shape the spatial structure of the country. The national government

also provides opinions on regional and local spatial plans and approves them with respect to their

congruence with higher level spatial plans. This task is delegated to the State Chief Architects within the

regional Government Offices, i.e. deconcentrated parts of the national administration.

County governments are responsible for preparation and enactment of Spatial Plans for Counties. They

also provide opinions on National Spatial Plan and Spatial Plans for Special Regions that concern their

territory.

Local governments enact Settlement Structural Plans and related building regulations that complement the

plans. They are the contact point for public engagement in planning process. They have several special legal

instruments at their disposal that are used to shape the spatial structure in their territory, such as special

proceedings, prohibitions and plot readjustments.



Hungary has a hierarchical planning system with three or four levels of spatial plans depending on the

region.

2.15.1.1 National Spatial Plan

Prepared at the highest level at a scale of 1:500000, it contains a mix of general guidelines, strategic plans

and small scale land use plans. It is legally binding, and is approved by a vote of parliament and is replaced

every seven years.

2.15.1.2 Spatial Plans for Special Regions

There are two such plans. One plans covers the capital of Budapest and its surrounding urban

agglomeration whereas the other one covers the touristic area around Lake Balaton. Both plans are

comprehensive plans that aim at fostering economic potential of the region, while supporting sustainable

development and protection of nature and cultural heritage. They combine general guidelines and strategic

plans with land use plans at a scale of 1:100000 in case of the Balaton plan and 1:50000 in case of the

Budapest plan. Both plans are approved by vote of the parliament, are binding for lower level plans and

renewed every ten years in the case of Balaton plan and every seven years in case of Budapest plan.

2.15.1.3 Spatial Plan for Counties

Prepared at a scale of 1:100000 and updated every seven years by each county, these plans provides for the

link between the National Spatial Plan and local plan by detailing out the regulations provided in national

plan. Spatial Plans for Counties are particularly relevant for development control, as they outline areas for

future development, nature and cultural heritage protection. Furthermore, they determine the permitted

uses of those areas that have been left unspecified by the national plan.

2.15.1.4 Settlement Structural Plan

Prepared at the local level (municipality) it is a comprehensive plan that combines zoning with strategic

planning and is binding for land owners. It is complemented by local building regulations that provide more

details on approved types of use and possible developments. It has a scale of 1:10000 in the largest

municipalities and larger scales in smaller ones. As for most other plans in Hungary, it is renewed every

seven years.

2.15.1.5 Development Concepts

Spatial plans at all three levels of government are accompanied by Development Concepts. They define

long term objectives for territorial development at respective geographical scale and focus in particular on

social and economic objectives. Furthermore, they guide sectoral planning. Each Development Concept

guides preparation of Spatial Plans at corresponding administrative level (within the limits provided by

higher level Spatial Plans).

Three laws form the main framework legislation that determines the Hungarian spatial planning system.

Act XXI1996 on Regional Development and Spatial Planning outlines the roles of different levels of

government and their bodies for spatial development. Act XXVI 2003 on National Spatial Plan determines

how land use planning system works and defines the main land use categories that must be used in zoning

plans at national and county level. Act LXXV1II 1997 on Development and Protection of the Built

Environment contains the main elements of national building regulation.



Vertical coordination between levels of government occurs through the Chief Architects in counties who

serve as representatives of the national government. They provide assistance to municipalities in preparing

their plans and ensure that they match national plans. They can also approve discrepancies between local

and national plans. Coordination at the horizontal level occurs primarily through dissemination of spatial

plans at an early stage of the planning process to a list of authorities that are defined by decree for comments

and possible influence on contents.

Ireland has two levels of government: the national government and 31 local governments at the county or

municipality level. In between the two levels, three indirectly elected Regional Assemblies exist.

At national level two main organisations viz. the Department for Housing, Planning, Community & Local

Government and the Planning Appeals Board are responsible for planning. The Department is responsible

for framing planning legislation, devising a National Planning Framework (NPF) and for issuing guidance

documents in respect of national planning issues such as rural housing, wind energy, retail, etc.

The Planning Appeals Board was established in 1977 to provide an arbitration forum in which any decision

made by a planning authority on a planning application can be reviewed at the request of applicant or

another interested party. It is also responsible for determining applications for strategic infrastructure

development and for dealing with proposals for expropriation of land.

After enactment of the Local Government Reform Act (2014), the eight existing regional authorities were

dissolved, and in their place, three new Regional Assemblies came into effect in 2015. The aim of the new

assemblies is to coordinate, promote and support strategic planning and sustainable development and

promote effectiveness in local government and public services.

The physical planning system in Ireland is operated by 31 local authorities. The elected councils (operating

at local authority or municipal district level) prepare the Development Plans, Local Area Plans and

Landscape Character Assessments. Furthermore, they designate protected structures and conservation

areas and provide non-statutory guidance, for example on design of new developments. Every development

project requires planning permission from the local authority unless it is designated strategic infrastructure

at national level. In 2014, Local Community Development Committees (LCDCs) were established in each

local authority. They prepare Local Economic Development Plans and work with other actors to implement

them. Furthermore, LCDCs ensure that local planning is consistent with other plans.

2.16.1.1 National Spatial Strategy (NSS)

Ireland's national spatial planning framework for 2002-20, the national spatial strategy provides strategic

context for spatial planning by regional authorities in their regional planning guidance roles and for planning

authorities in their statutory planning functions. It influences the National Development Plan that steers

investment in transport, housing, water services and communications infrastructure. The NSS is being

replaced by a successor document known as the National Planning Framework (NPF). The new NPF aims

at establishing a broad national strategy to secure balanced regional development and overall proper

planning and sustainable development and coordination of lower level plans.



2.16.1.2 Regional Planning Guidelines and Regional Spatial and Economic Strategies

Regional Planning Guidelines (in existence till 2016) translated broad objectives of National Spatial Strategy

to regional level and provided guidance to local authorities in their planning decisions. Following

replacement of Regional Authorities with Regional Assemblies, Regional Planning Guidelines is replaced

by Regional Spatial and Economic Strategies. These strategies would prepared in conjunction with various

enterprise and economic development agencies.

2.16.1.3 County or City Development Plans

Local councils are responsible for making statutory land use plans. These plans detail the overall strategy

of the council for planning and sustainable development of an area and generally consist of a written

statement and maps drawn at scales ranging between 1:50000 to 1:5000.

2.16.1.4 Local Area Plans

Hierarchically, Local Area Plans exist as a second tier of land-use plans under Development Plans. These

are detailed land use plans at scales usually between 1:1000 and 1:500. Local Area Plans are prepared for

designated towns with a population of over 5000 inhabitants.

2.16.1.5 Local Economic and Community Plans

The six year Local Economic and Community Plans (LECP) promote development of relevant area through

a more coordinated and collaborative approach to planning and service delivery. Prepared by Local

councils. LECPs need to be consistent with Development Plans. Regional Spatial and Economic Strategies

and Regional Action Plans for Jobs.

2.16.1.6 Greater Dublin Area Transport Strategy 2016-2035

It was prepared by the National Transport Authority to provide a framework for planning and delivering

transport infrastructure and services in the Greater Dublin Area over a 20 year time horizon. It also provides

a transport planning policy for other agencies involved in land use planning, environmental protection, and

delivery of other infrastructure.

The planning code is made up of acts (primary legislation) and regulations (secondary legislation). The

framework is set out in Planning and Development Act 2000 and its subsequent amendments whereas the

details are prescribed in Planning and Development Regulations. The Department for Housing. Planning,

Community and Local Government produces a range of guidelines designed to help planning authorities.

Following a proposal by the Minister for Environment and Local Government, the government can

designate a particular site or sites for establishment of a Strategic Development Zone (SDZ) to contain

developments of economic or social importance. Furthermore, environmental assessment regulations have

a major impact on planning process.

Vertical coordination primarily ensures that local land use plans comply with national strategies. Regional

Assemblies ensure the compliance of development plans and local area plans with Regional Planning

Guidelines (to be superseded by the Regional Spatial Economic Strategies).

At national level, Minister for Housing, Planning, Community and Local Government has the power to

direct a planning authority to take measures in relation to a development plan, or a local area plan. This

possibility is used if a planning authority has ignored or has not taken sufficient account of the Minister's

statutory observations, or if a plan fails to set out an overall strategy for proper planning and sustainable



development, or if a plan is not in compliance with the Planning Acts, or if a plan in Greater Dublin Area

is not consistent with the transport strategy.

Israel is a unitary state with one subnational level of government (255 local governments). Land use

planning is highly centralised with strong oversight at the national level over decisions at municipal level.

The national government influences land use policies by preparing the framework law outlining the spatial

planning system of the country, preparing the National Master Plan (approved by cabinet), appointing most

members of the six District Planning and Building Commissions and through them determine contents of

District Master Plans and by overseeing Local Planning Commissions and the plans made by them. In

principle, the Minister of Finance has the authority to review all local plans and determines which plans

require his/her approval. In practice, ministerial intervention are rare. The national government also plans

and funds major infrastructure projects.

The national government nominates 16 of 36 members of National Planning Board which adjudicates

appeals to planning decisions. Other members on the board are representatives from local governments,

planning and building professions, environmental groups, academia and other members of civil society.

Public agencies submit their proposed plans to National Board for Planning and Construction of

Infrastructure for fast tracking planning applications even if they deviate from existing plans.

At local level, approximately 100 Local Planning Commissions are the central actors in land use planning.

The commissions comprise of representatives of local governments and prepare local land use plans. Mostly

responsible for a single municipality in urban areas, they frequently cover several smaller settlements in

rural areas. The legal powers of Local Planning Commissions vary according to the rating of their

competence. Local Planning Commissions that are judged more competent receive more legal powers than

those judged less competent.

Israel operates a strictly hierarchical system of spatial planning. While higher level plans tend to be more

general, plans at all levels include specific land-use regulations and lower level plans must correspond to

higher level plans unless the higher level plan contains an explicit flexibility clause for a particular area.

2.17.1.1 National Plans

Israel has 41 principal National Plans that contain land use regulations for specific areas. While some are

infrastructure plans, most are sectoral plans that focus on narrowly defined issues or territories.

2.17.1.2 National Plan No. 35

A major exception is National Plan No. 35 which is a comprehensive land use plan covering the entire

country. In contrast to high-level plans in most other OECD countries, it is primarily a map based plan at

a scale of 1:100000 regulating development patterns and containing, among other things, general guidelines

and strategic elements. Though with the same legal status as other National Plans, it is considered to be a

lead document. It provides general regulations that all lower level plans have to follow except in areas in

which it contains flexibility clauses. The plan includes a clause that restricts all developments outside of

existing urban boundaries.



2.17.1.3 National Plan No. 38

National Plan No. 38 plays a special role in urban context. Nominally, it contains earthquake protection

regulations and incentives for property owners to improve earthquake resistance of buildings built before

1980. While originally only intended as a tool to improve earthquake protection, it is now much more widely

used in many cities to provide incentives for urban regeneration and densification to property owners.

2.17.1.4 District Master Plans

Existing below the national plans, they contain more precise and detailed versions of national land use

regulations, but still general in nature (not plot level). Due to the strictly hierarchical nature of planning,

they follow national plans closely except in the few areas where national plans contain flexibility clauses. In

general, all local level plans must be checked for compliance with District Master Plans.

2.17.1.5 Local Comprehensive Plans

Approved by District Planning Commission and covering all or most of local jurisdiction. These were

introduced in 2014 planning law amendment and are prepared either by the Israel Planning Administration

(IPA) with an active participation of affected municipalities or by municipalities themselves. Being statutory

plans they strengthen the strategic planning of municipalities and hence don not emphasis on zoning.

However, due to difficulties in integrating them with existing plans and regulations, the adaption of Local

Comprehensive Plans has been slow and only a few statutory approved plans exist. They have a typical

scale range of 1:10000 to 1:5000

2.17.1.6 Master Plans

Local Master Plans contain general land use provisions, but in practice may also contain detailed zoning

regulation. Typically approved by the District Planning Commission unless their subject matter is

specifically relegated by law to approval of local planning agencies, these plans are prepared in a scale range

of 1:5000 to 1:2500.


The detailed plans specify permitted developments down to the plot level.

Municipalities that have adopted a Local Comprehensive Plan have the authority to approve all local plans

that correspond to it. In most other cases, approval of Master Plans and Detailed Plans rests in the hands

of the District Planning Commission. However, Local Planning Commissions that have been rated as

performing well can approve plans in pre specified subject areas.

The main framework law outlining the Israeli planning system is the Planning and Building Law. The Real

Estate Law regulate expropriations. There are several other important laws concerning environmental

aspects, such as air pollution, noise, and water pollution. The Coastal Protection Law and the Law on

National Parks and Nature Reserves provide specific regulations for these areas. A variety of laws and

regulation on agriculture affects rural areas.

The six District Planning Commissions are primary authorities for vertical and horizontal coordination.

They comprise of representatives from all relevant ministries, some of which work locally and some in the

ministries. District Planning Commissions review and approve local planning decisions based on their

compliance with higher level plans, including Local Master Plans, and other considerations. Strategic

coordination of planning decisions in a district plays a comparably moderate role, especially due to the



workload that the former task involves. National Planning Board also provides a forum for horizontal

coordination, even though in practice its primary role is related to the adjudication of specific planning

decisions rather than strategic planning.

Italy a unitary country has four levels of government: national, regional (19 regions and 2 autonomous

provinces with regional powers), provincial (110 provinces, out of which 10 acquired the status of

metropolitan city in 2015) and local (8047 municipalities). The land use planning system follows a model

generally observed in federal countries, with regional laws and regulations as the main source of legal

provisions outlining the planning process. However, despite the high degree of regional autonomy, actual

planning systems are similar across the country.

The national government provides guidelines for territorial development with a particular emphasis on

Southern Italy and other economically lagging regions. It is also in charge of construction and management

of nationally important infrastructure as well as protection of heritage sites and natural landscape. Although

the constitution stipulates that the national government should prepare a framework law on planning, no

such law has been approved by parliament.

Regional laws and planning acts define the structure and processes that local authorities follow in preparing

statutory land use plans. Given the absence of a national framework law, regional provisions can vary from

each other. Regions prepare Regional Landscape Plans together with the National Ministry of Cultural

Heritage and Activities and Tourism. They also produce Regional Territorial Plans whose contents vary

from region to region. The second level of subnational government the provinces, produce Provincial

Territorial Coordination Plans to coordinate land use decisions across municipalities and plan major

infrastructure projects. In 2015, ten provinces were replaced by Metropolitan Cities. They are expected to

adopt a metropolitan strategic plan that replaces the provincial plan. There is lack of clarity on future role

of provincial governments in areas beyond metropolitan boundaries.

Actual land use decisions are primarily made at local level by municipalities through Local Development

Plans. Municipalities with fewer than 5000 inhabitants have to form inter-municipal cooperation to

undertake land use planning. The exact nature of planning process and responsibility of municipalities

differs from region to region.

Italy has a three-tier hierarchical planning system.

2.18.1.1 Regional Territorial Plans

These plans layout the framework that establishes regional priorities and objectives for lower level plans

and sectoral policies. It is not necessary that all regions prepare/adopt a regional territorial plan and where

it exists, the contents may vary.

2.18.1.2 Regional Landscape Plan

At the regional level, the plan provides strategies to preserve and enhance landscapes by including

restrictions on type and scope of development allowed in areas of natural, cultural or historic value. Such

documents may be issued separately, or as part of Regional Territorial Plans. These are generally prepared

in a scale range of 1:50000 to 1:25000.



2.18.1.3 Provincial Territorial Coordination Plans

Prepared in a scale range of 1:100000 to 1:50000 to 1:25000, these plans aim to coordinate municipal land

use decisions within a province. They also encompass management of sub-regional infrastructure, water

basins, high school estates and provincial roads. Strategic Plans prepared by Metropolitan Cities are

expected to replace them in metropolitan areas to steer planning by local authorities.

2.18.1.4 Local Development Plans and Implementation Plans

Prepared by the municipalities, typically in a scale range of 1:2000 to 1:1000 and 1:10000 (for strategic parts

only) the local development plans are the main statutory land use plans. Following the 2001 Constitutional

Reform, some regions opted to keep a system centred on a single regulatory plan that contains a number

of inset implementation plans that are envisaged to guide implementation. Among them are Detailed Plans,

Plans for Social Housing, Productive Settlement Plans, Allotment Plans, Integrated Intervention

Programmes and Regeneration Plans. Other regions introduced a model which combines a strategic

Structure Plan with an Operative Plan that includes land use allocations and addresses needs of specific

regeneration/transformation areas. Operative Plans are prepared for five year periods coinciding with the

mayoral tenure. All building activity within consolidated built-up areas is controlled through planning

regulations and the Building Code.

As a unique case, Lombardy region has adopted a system in which municipalities produce three plans. A

Core Document defines key strategic goals, verifies environmental sustainability and consistency with the

plans of neighbouring municipalities. The Service Delivery Plan assesses needs related to provision of

physical, green and social infrastructure. The Zoning Plan covers urban fabric and defines criteria for (re-

)development with specific rules applying to buildings of cultural or historic value.

There are several laws and regulations containing various elements that structure the planning system in

Italy. Important regulations are also provided by multiple environmental acts referring to different aspects

of environmental protection and by decrees that regulate the environmental impact assessment in

accordance with EU regulations. Most of the framework legislation is enacted at the regional level. Regional

laws and regulations furthermore provide details on permitted construction in varying urban environments

Several coordination mechanisms exist in Italy, which combine elements of vertical as well as horizontal

coordination. The State Regions Conference is a forum to coordinate high level issues regarding spatial

planning and environmental regulations between the national and regional governments. At the local level,

Service Conferences coordinates decision making related to regulatory aspects that require approval from

a number of different agencies and service providers. They are often used to facilitate the planning of local

service provision and infrastructure delivery. If necessary, they involve higher levels of government. Special

development projects are coordinated between levels of government through Programme Agreements,

which also enable municipalities to issue joint land use plans.

Japan is a unitary state with three levels of government: the national level, 47 prefectures and 1741

municipalities. The national government enacts framework laws that structure land use planning processes,

prepares national level spatial plans, provides financing for major infrastructure projects that influence land

use directly and indirectly, approves spatial plans that prefectures prepare according to national law, issues



binding regulations on the content of subnational plans and provides standards for other instruments of

lower level governments and gives general guidance and advice to subnational governments.

Prefectures are responsible for enactment of local laws and regulations on spatial planning, preparation of

prefecture level plans, and approval of municipal level land-use plans. They also provide guidance and

advice to municipalities. Actual zoning decisions are made by prefectures and municipalities. They prepare

strategic and zoning plans in accordance with national and prefectural laws and regulations and pass

auxiliary regulations guiding land use in their jurisdictions.

The Japanese spatial planning system is complex and employs a large number of spatial plans. At the

national level, two plans provide strategic directions.

2.19.1.1 National Spatial Strategy

The National Spatial Strategy provides general principles on a national spatial structure, land use,

environmental protection, sustainable use of resources and disaster prevention.

2.19.1.2 National Land Use Plan

The National Land Use Plan includes a master concept for land use and outlines necessary measures to

achieve it.

2.19.1.3 Basic Land Use Plans

Being strategic plans that focus on general policy objectives for spatial development, these plans play a role

similar to National Land Use Plan albeit at prefectural level.

2.19.1.4 Master Plans for City Planning Areas

Prepared in a scale range of 1:30000 to 1:10000, these plans concern only urban areas within prefectures

and outline objectives for land use planning in those areas, such as targets for development promotion and

development control.

2.19.1.5 City Plans of Prefectures

Prepared in a scale range of 1:50000 and 1:10000, these plans do not refer to a single city, but generally

cover the entire urban area of a prefecture. They delineate areas where urbanisation is promoted or

controlled, with substantial impact on type of permitted developments and for planning approval processes.

They also contain special zoning regulations for specific developments and show major transport

infrastructure. These are amongst the most strictly enforced plans.

The main planning instruments at municipal level are master plan and an actual zoning plan.

2.19.1.6 Municipal Master Plans

Prepared in a scale range of 1:50000 to 1:25000, Municipal Master Plans are strategic plans that contain

general objectives for municipality and guidelines for zoning and adjustments to land uses.

2.19.1.7 City Plans of Municipalities

Prepared in a scale range of 1:2500 to 1:1000, City Plans of Municipalities are the main local land use plans

that contain detailed zoning maps and restrictions on building sizes and shapes. The also designate major

urban redevelopment areas and show public infrastructure.



2.19.1.8 Other Sectoral Plans

Several sectoral plans concerning specific land uses, but providing legally binding, sometimes detailed

zoning regulations exist through all levels of government.

2.19.1.8.1 Plans for Urban Renaissance Areas:

Prepared in a scale range of 1:2500 to 1:1000, these plans outline urban redevelopment projects and policies

to strengthen the competitiveness of cities.

2.19.1.8.2 Landscape Plans

Prepared in a scale range of 1:2500 to 1:1000, these plans target urban design aspects, for example by

restricting outdoor advertisement.

2.19.1.8.3 Location Optimization Plans

Prepared in a scale range of 1:2500 to 1:1000, prescribe settlement patterns in urban areas with an objective

of promoting compact development and high population densities.

The foundation of Japanese land use planning system is on four acts. The Comprehensive National Land

Development Act and the National Land Use Plan Act provide legal basis for the National land Use Plan.

The City Planning Act stipulates details of land use planning in urban areas along with the procedures to

obtain planning permissions at the prefectural and municipal level. The Building Standards Act contains

building code regulation and specifies the procedure to obtain building confirmations.

Furthermore, three environmental acts contain important provisions affecting the land use planning system.

The Soil Pollution Measure Act and the Water Pollution Control Act outline protective measures that

restrict development in sensitive areas. Similarly, the Saho Act defines erosion control areas, in which

development is restricted in order to prevent landslides and reduce fatalities in case they occur.

Vertical coordination between national and subnational governments occurs through two channels wherein

each level of government can discuss with another level of government based on its own initiative, and in

certain cases the national government also offers advice to lower levels of governments. Horizontal

coordination at the national and subnational level occurs through consultations between ministries and

departments. Any department intending to change its policy is obliged to discuss with other departments.

Korea has three levels of government. Under the national government, 17 regional governments (out of

which 9 have the status of province) and six metropolitan cities along with 2 having special status (Sejong

self-governing city and Seoul capital city) are present wherein the metropolitan cities combine functions of

regional and local government. At the third level i.e. there are 228 local authorities with the status of a city,

county or district. These local authorities are further sub-divided into around 3500 administrative units.

National government enacts the framework legislation for the structure of planning system, provides a

spatial framework for the country to guides its development and monitors and approves City Master Plans



and designates urban planning boundaries in the country. Furthermore, the national government is the

primary actor when it comes to environmental protection, designation of nature reserves and protection of

forests. It also designates rural, mountainous and heritage sites for which it can enact special provisions and

planning regulations.

The regional level of government prepares strategic metropolitan or provincial plans depending on its status

as province or metropolitan city. Regional governments also oversee and approve land-use plans prepared

by local governments.

With an average population of 222130 inhabitants, local authorities in Korea are the largest within OECD

by a considerable margin. They are responsible for strategic planning and creation of zoning regulations for

their territory. Furthermore, they provide building permits. Their primary instruments are three different

land use plans that differ in terms of their specificity.

Korea uses a hierarchical land use planning system involving four plans in most parts of the country.

2.20.1.1 National Comprehensive Plans

Prepared for a time horizon of ten years, this plan provides a general framework that focuses on socio

economic development, environment protection & well-being and contains spatial as well as non-spatial

elements. Though legally binding for lower level plans, it is mostly not restrictive on lower level plans in

practice.

2.20.1.2 Provincial Comprehensive Plans and Metropolitan Area Plans

Prepared at the regional level with a planning horizon of 20 years, and renew every ten years, these plans

provide for regional frameworks. They are legally binding for subordinate plans and may also include small

scale land use plans. Generally, not highly restrictive, these plans are prepared by respective by metropolitan

cities and provinces, but need approval of the Ministry of Land, Infrastructure and Transport of the national

government.

2.20.1.3 City Master Plans

Comprehensive plans with a time horizon of 20 years and prepared/replaced every ten years, these plans

containing strategic elements and detailed land use plans, cover a very wide range of topics including socio-

economic development, housing, transport, infrastructure, public health, disaster prevention,

environmental protection, sustainability, culture, and heritage protection. These are generally prepared in

consultation with citizens and independent experts.

2.20.1.4 The Urban Management Plan

The main zoning plans prepared in scale range of 1:1500 to 1:500, these plans impose legally binding

restrictions on land use for land owners. Prepared by the local governments and approved by regional

governments, they may contain a wide range of topics similar to the City Master Plans.

2.20.1.5 District Unit Plans

In Seoul and the six metropolitan cities, these plans are the lowest level of land use plans in prepared for

steering development of small neighbourhoods and individual blocks in densely populated areas. They are

typically prepared at a scale of 1:500



National Land Planning and Utilisation Act provides the legal basis of Korean spatial planning system. The

Building Act is the main source of building code regulation. These two acts are supported by a large number

of other laws have direct impact on land use. Several acts on urban development and housing aim at

ensuring a sufficient supply of affordable housing, promoting sustainable residential development and

revitalising residential neighbourhoods with aging housing stocks. The Industrial Sites and Development

Act has the goal of ensuring a sufficient and spatially balanced supply of appropriate land for industrial use

in order to foster economic development. The Urban Traffic Readjustment Promotion Act promotes

modernisation of transport infrastructure and efficient management of urban transport systems.

Vertical coordination of land use policies is primarily ensured by hierarchical character of the spatial

planning system; lower level plans are generally required to correspond to higher level plans. Horizontal

coordination at national level takes place through the Central Urban Planning Committee within the

Ministry of Land, Infrastructure and Transport. At the regional level, metropolitan and provincial

governments have similar committees to coordinate policies.

A federal country with three levels of government, under the national government of Mexico, there are 32

federated states and 2457 municipalities. The National capital territory of Mexico City is under federal

control. The national government is an influential actor related to land use as the constitution clearly

highlights that all land and water in Mexico belongs to the nation and national government is in charge of

providing legislation to operationalise this principle. The National Government prepares the framework

legislation that structures the planning system and is responsible for environmental issues and housing

policy. The government also affects land use through the work of several of its agencies especially the

Secretariat of Agriculture, Territory and Urban Development (SEDATU) which is most active in land use

policy. SEDATU works with local governments by providing funds and technical assistance for projects

that are in line with priorities of the national government. Other important government agencies are the

National Institute of Housing Promotion (INFONAVIT), the National Water Commission (CONAGUA),

the National Land Ownership and Regulation Commission (CORETT) and the Secretariat of Environment

and Natural Resources (SEMARNAT).

The states in Mexico have fewer powers related to land use than the national government, with their primary

responsibilities being related to economic development. The main policy documents of states to guide

economic development throughout their territories are the State Spatial Development Plans.

Constitution of Mexico specifies that municipalities are the planning authorities. They can decide on land

use as long as they take other constitutional provisions and guidelines of higher levels of government into

account. They have several instruments at their disposal. Most importantly, they develop land use plans that

control land use changes and decide whether or not to issue building permits. Exceptions to this rule are

mining and water extraction activities, which are regulated by the national governments. Municipalities are

also responsible for land administration within their jurisdiction, and can set property taxes and are

responsible for the provision of public services and infrastructure.

Mexico has a hierarchical planning system with several plans at each level of government. At the national

level two main plans exist. Both plans provide the framework for Sectoral Programme for Agricultural,



Territorial and Urban Development 2013-2018 and Sectoral Programme for the Environment and Natural

Resources 2013-2018.

2.21.1.1 National Development Plan

This plan contains general objectives for economic and social development of Mexico and related spatial

aspects. Renewed every six years, it contains guidelines for land use policies in urban and rural areas and

links them to development goals. This plan providing the strategic objectives established by the presidential

administration is approved by the parliament.

2.21.1.2 National General Ecological Spatial Plan

Prepared by SEMARNAT at a scale of 1:2000000, this plan aims at regulating land use to protect

environment and promote sustainable development. The National General Ecological Spatial Plan is

approved by regulatory decision. The General Ecological Spatial Plan also designates protected areas

through the Natural Protected Areas Administration Plan.

2.21.1.3 State Development Plan

These plans mirrors the national development plan, albeit at state level. They provide for strategic

programmes for social, economic, cultural and environmental development at the state level and include

different topics such as territorial planning, urban development, risk management, rural development,

economic development, and environmental management.

2.21.1.4 State General Ecological Spatial Plan

Mirroring the National Ecological Spatial Plan, these plans contain objectives, strategies and general

guidelines for land use developed by the states or the federal districts for their respective territories. The

State Ecological Spatial Plans also designate protected areas.

2.21.1.5 Metropolitan Development Plans

Between the state and municipal level, in certain cases, Metropolitan Development Plans are prepared by

supra municipal associations under guidance of state governments. They are supposed to coordinate

policies between municipalities in metropolitan areas, but few such plans exist and their practical relevance

and impact is limited.

2.21.1.6 The municipal Development Plan

These plans provide guidelines for urban development that follow those established at the national level.

These plans set out the planning framework for ecological and territorial development of municipalities

and take into account the natural and built environment and combines them with a long term vision for

economic and social development.

2.21.1.7 Urban Development Plan

Prepared at scales ranging between 1:30000 and 1:10000. These plans are the main land use plans for urban

centres. They provide comprehensive framework plans for growth of the municipalities and contain zoning

regulation for built up territory of a municipality.


These are large scale zoning plans which may be prepared if necessary for local areas to steer development.



Article 27 of Mexican constitution defines principles related to land ownership and the state's control of

land use. Article 115 gives municipalities the authority to control land use in their territory and outlines the

services to be provided by them. The Human Settlements General Law, Urban Development Law, General

Land Use and Environmental Policy Law and Planning Law provide the framework legislation that

structures the planning system in Mexico. They are complemented by the Cadastral Law and the Building

Code. The main environmental law is the Ecological Equilibrium and Environmental Protection General

Law. The Federal Housing Law has important consequences for residential developments, as it aims at

increasing the supply of land for housing and reducing land speculation.

Vertical coordination is provided by the hierarchical nature of the planning system. Higher level plans are

binding for subordinate plans. Furthermore, the Secretariat of Agriculture, Territory and Urban

Development (SEDATU) works directly with municipalities and uses a system of incentives to encourage

them to follow national policy priorities regarding land use. Coordination across policy fields is within the

responsibilities of sectoral agencies of national government. Municipalities generally follow the lead of those

agencies in their land use decisions.

A unitary state with three levels of government the Netherland’s national level has 12 provinces and 390

municipalities. The national government creates legal framework for spatial planning that determines

responsibilities of individual actors, which follows a principle of subsidiarity, i.e. powers are vested with the

lowest level of government as far as possible and are given to higher levels only if necessary. Under this

system, the national government is primarily responsible for areas and networks of national significance for

the economic and social development of the country. These areas and networks are defined in a National

Structure Plan. In urban regions around major transport hubs the national government works jointly with

regional and local governments to manage development. Other issues of national importance are related to

water safety and preservation of natural and cultural heritage. Furthermore, the national government is

responsible for infrastructure of national importance and has to take its spatial impact into account when

making decisions. The national government also influences decisions of lower levels of government by

offering financial incentives (although importance of this steering mechanism has declined) and by passing

important laws and regulations, such as the framework decree structuring spatial planning.

Provincial level has the responsibility for spatial planning of issues of provincial importance and is mostly

free from national guidance in determining what these issues are. In general, provinces prepare rural

development plans for rural areas in their territory, maintain the provincial road network and coordinate

activities of the water boards, which are important given that large parts of the Netherlands are vulnerable

to flooding. Provinces may also supervise spatial policies of municipalities and can intervene if decisions of

one municipality have negative consequences on other municipalities.

Municipalities are the most important stakeholder in determining land use policies. Although the national

and provincial governments have significant powers to override municipal planning decisions, they seldom

use these powers. Municipalities exercise their powers partly by preparing local land use plans, but also by

practicing proactive planning. They frequently become active in land and property markets to ensure desired

developments take place. Municipalities have powerful vetoes. It rarely happens that developments occur

against their wish. In contrast, if municipalities want a development to take place, they are frequently

successful in realising it even if it contradicts existing plans. There are several other important public actors



that influence land use. Water boards manage water related infrastructure and must be consulted by all plan

making government bodies. Housing associations play an important role in construction of residential

buildings. In more densely populated areas, associations of municipalities exist that prepare joint structure

and land use plans for their territories.

2.22.1.1 Structure Plans

All three levels of government prepare and approve their own Structure Plans that outline their main spatial

policy objectives and the policies to pursue them. In addition to the general Structure Plan that is legally

required, all levels of government can prepare additional structure plans that deal with particular sectors or

challenges. The long term infrastructure investment programme of the national government (MIRT)

receives its spatial dimension through the National Structure Plan.

2.22.1.2 Land Use Plans

These are the main zoning plans and form the basis on which planning applications are decided. Typically

in a scale of 1:15000, they are generally prepared by municipalities, but the national government and

provincial governments can also prepare Imposed Land Use Plans, if local plans do not correspond to

national and provincial planning policies. While they are legally binding to land owners, exemptions can

easily be made if they are in the interest of plan making body.

2.22.1.3 Project Plans

Another type of zoning plan, these if prepared take precedence over Land Use Plans and are used to

facilitate approval of developments that contradict existing Land Use Plans. Project Plans can be made and

implemented by all three levels of government. Sometimes, they are used by higher level governments to

enable projects to take place which would otherwise be blocked by lower levels of government.

2.22.1.3.1 Trajectory Decisions

Trajectory Decision is a special type of Project Plan for national infrastructure projects, to which local

governments cannot object.

2.22.1.3.2 Management Ordinance

Used for areas where no major change in use is foreseen, it restricts development possibilities for a period

of ten years. Compared to Land Use Plans, it can be prepared more quickly and cost effectively, but it does

not create a legal basis for development.

2.22.1.3.3 Rural Development Plans

Zoning plans for rural areas, these are prepared at regional level, where no major change in use is foreseen,

but major changes in local infrastructure or land readjustments are required.

Beyond the plans listed above, sectoral plans for water management, environmental policy in general and

nature protection areas exist.

Two main framework laws outline the Dutch spatial planning system. The Spatial Planning Act (including

its accompanying regulations) provides legal basis for Structure Plans, Land Use Plans and project plans.

Law Regulating the Development Permit stipulates criteria that have to be met beyond complying with land

use plans in order receive permission to develop. Other important and strictly enforced laws related to land

use are the Nature Protection Act, Environmental Act, Water Act, and Expropriation Act.



Vertical coordination between provinces and municipalities occurs in provincial planning committees that

serve as platforms for discussions between all three levels of government. If no consensus is reached there,

the provincial or national government can issue ordinances that request a change in lower level plans to

conform to higher level plans. If the lower level does not comply, it can be forced through directives

ordering it to do so. Furthermore, national and provincial governments can directly impose land use plans

on municipalities. Horizontal coordination at all three levels of government occurs through legal

requirement to coordinate spatially relevant decisions between responsible public authorities at respective

levels of government.

New Zealand has two tiers of subnational government (11 regions and 67 municipalities). The national

government provides the framework legislation that structures the planning system and guides planning by

lower levels of government. Ministry for Environment acts as the responsible body for publication of

National Environmental Standards and National Policy Statements that give directions for specific

environmental decisions.

Regional councils prepare Regional Policy Statements to set out strategic policies for spatial development.

The statements are implemented through Regional Plans containing strategic spatial guidelines and selected

small scale land use regulations. Furthermore, regions develop Regional Coastal Plans to control all activities

and uses of maritime coastal areas. In the Auckland region, an additional spatial plan gives strategic spatial

directions to the subordinate regional plans.

Local authorities are in charge of zoning decisions through District Plans and granting of building permits.

In New Zealand, there are 12 city councils and 55 district councils (6 of them are unitary councils with

regional and territorial responsibilities). With an average of 64550 inhabitants they are among the largest

local authorities in the OECD. Unitary councils prepare Unitary Plans combining Regional Plans and

District Plans. Local authorities may also establish local or community boards in order to represent interests

of the community and take charge of some non-regulatory functions.

2.23.1.1 National Policy Statements

New Zealand's planning system follows a two tier hierarchical structure. Regional and territorial councils

are responsible for the development of spatial plans. At the national level, a general plan for the entire

country does not exist, but national environmental standards, and national policy statements (including a

New Zealand Coastal Policy Statement) must be given effect in regional and district plans.

2.23.1.2 Regional Policy Statements

Every region adopts its own strategic framework in the form of regional policy statements. The purpose of

statements is to carry out an integrated management of natural and physical resources of a region.


Regional Plans must give effect to the policy statements. These are implementation plans to achieve goals

established by the statements.



2.23.1.3.1 Regional Coastal Plans

Regional Plans also have to include regional coastal plans to regulate activities in the maritime coastal areas.

The regional coastal plan may be integrated into the regional plan or prepared as separate document.

2.23.1.4 District Plans

Territorial authorities have detailed control of land zoning through adoption of District Plans. Such plans

set out requirements for public infrastructure, roads and footpaths and establish permitted activities for

each area. They also give directions for the protection of landscape and architectural heritage. They must

be consistent with regional policy statement, regional plan and any national environmental standard. Once

these plans are approved, they obtain the binding status of legal documents and are prepared for

approximately 10 years and are updated when needed.

2.23.1.5 Spatial Plan

Auckland is the only region required to have a spatial plan that provides long term and high level strategic

policies. A number of other areas have however developed them voluntarily (e.g. Bay of Planty and

Dunedin). Spatial Plans guide development of regional policies and development plans such as regional

policy statement and the unitary plan. The main objectives of Auckland plan are integration of social,

economic, environmental and cultural policies and definition of the role of Auckland region for New

Zealand.

Resource Management Act, adopted in 1991 and amended in 2015 is the law that governs the planning

system of New Zealand. The act aims to promote sustainable management of natural and physical

resources. It also provides directions for heritage protection and planning of public works and

infrastructure. Another important law is the Environment Act of 1986 that established the Ministry for

Environment and Parliamentary Commissioner for Environment. The Local Government Act of 2002 is

the law that provides local governments with the powers to set out land use policies. The Land Transport

Management Act (2003) designated the New Zealand Transport Agency as the body in charge of planning

the national transport infrastructure.

The hierarchical structure of planning system provides vertical coordination between plans. All plans must

be consistent with any higher level plan or water conservation order and must give effect to any national

policy statement, the New Zealand coastal policy statement and any national environmental standard.

Before approving a plan, horizontal coordination is assured by preliminary consultations between councils,

ministries, adjacent local authorities, public bodies and utility providers who may be affected by the plan.

Norway is a unitary state with three levels of government viz. the national, 19 counties and 428

municipalities. The national government has few direct responsibilities related to land use planning wherein

it creates the framework laws and policy documents that structure spatial planning. Norway has a

comprehensive planning system in which spatial planning and sectoral planning is done in parallel under

guidance of Ministry of Local Affairs and Modernisation. It is not directly involved in actual planning

process except in rare cases wherein national government takes over municipal planning. Ministry of



Climate and Environment designates protected areas according to the Biodiversity Act. The national

government funds major infrastructure projects, but transport authorities usually use the regional and local

planning system in their planning. National level planning is rare, but is becoming more frequent,

particularly in case of transport planning. Generally, transport authorities and other federal authorities

submit their plans to local and regional governments to be incorporated in local and regional plans. If local

or regional plans conflict with national objectives, the national government can object to local plans through

transport authorities or through its county commissioners that serve as its regional representatives.

County governments serve as planning authorities and supervise planning of local governments. They also

responsible for adoption of regional plans focusing on issues of regional importance, such as land use and

transport planning, mountain and outdoor recreation planning and river and coastal planning. The influence

of regional plans is limited but gradually increasing in urban areas with greater need for inter-municipal

coordination.

Municipalities, the main planning authorities, are responsible for preparation and approval of local

strategies, municipal master plans and local zoning plans. In case of local zoning plans, most plans are

prepared by developers or sectoral authorities and submitted to municipalities for political approval. If

objections to planning proposals are raised, County Commissioners coordinate negotiations. In absence of

an amicable solution regarding plan approval, decision is taken by Ministry of Local Affairs and

Modernisation.

Norway does not have any national spatial plan.

2.24.1.1 Regional Planning Strategies

These regional development strategies, typically prepared at beginning of each legislative period, describe

socio-economic trends and policy objectives for respective county. They are general planning documents

that do not focus on spatial dimensions, but determine areas for which regional plans are required. Currently

approved by the national government, Norway is considering to drop this requirement.


These non-statutory plans are normally prepared in a scale of 1:250000, as a requirement of regional

planning strategies. They contain a mix of general guidelines, strategic plans and detailed zoning plans. The

land use categories that they contain are not regulated by law and frequently vary from those in other plans.

They play minor role in policy making process and receive little attention unless concerned with a subject

of national importance. However, they can provide guidelines for regional and local planning and can

contain formal objections to local plans.

2.24.1.3 Municipal Planning Strategies

Playing a similar role to regional planning strategies albeit at municipal level, they allow municipalities to

specify independently which land use plans have to be made and which have to be updated.

2.24.1.4 Municipal Master Plans

Prepared in a scale range of 1:50000 to 1:20000, they are the main spatial planning documents of

municipalities having comprehensive plans for local development and covering all spatially relevant policy

fields. They contain general guidelines, strategic plans and a land use plan for the entire municipality.

Generally, Municipal Master Plans are approved by municipalities, but county and national government can

object to them. Currently, political priority is given to reducing the number of objections in order to

strengthen local autonomy and capacity. Municipal Master Plans can also be imposed by the national



government as State Land Use Plans in rare cases, wherein they facilitate national transport infrastructure,

such as national roads, railways and airports.

2.24.1.5 Zoning Plans

The most detailed plans, typically in scale range of 1:5000 to 1:10000, they are mostly prepared for areas

with planned future development or to protect areas from development. There are two kinds of local zoning

plans; public plans made by the planning authority and submitted plans made by private actors and public

authorities. Between 80 per cent and 90 per cent of all Zoning Plans are prepared by private developers and

public authorities. These plans are submitted to municipalities for political approval. The national

government and in particular transport authorities can also impose their own Zoning Plans on

municipalities.

2.24.1.6 Land Conservation Management Plans

These are sectoral plans for protected areas and national parks that specify the level of protection and

allowed use. They contain small scale zoning regulation, typically at scales of 1:100000 or 1:200000.

Besides the framework legislation provided by the Planning and Building Act, three laws are particularly

important in determining land use in Norway. First the Act for Biodiversity concerns nature conservation,

protection of species and other environmental issues. It affects protected areas, outdoor activities, second

homes, hydropower, agriculture, forestry and fish fanning. Second, the Cultural Heritage Act affects

primarily urban areas. Third, the Agricultural Act affects rural areas and tries to limit loss of agricultural

land to urban sprawl. In addition to these three acts, a variety of other laws and regulations affect land use

planning.

To foster coordination, all public authorities must inform each other early in the planning process about

their proposed policies. In order to foster vertical coordination, regular meetings between regional and local

authorities are held. Horizontal coordination occurs primarily through planning process of the Regional

Plans and Municipal Master Plans, which involve all concerned public authorities.

Poland has four levels of government viz. the national government, 16 regional governments, 380

intermediate governments, and 2478 local governments.

The national government plays a direct role in spatial planning through its responsibility for developing a

national spatial development concept. Responsible for Spatial Planning and Development Act, which

provides framework law for the planning system, and for other laws that affect land use directly and

indirectly, the national government influences land use through large infrastructure investments.

The regional governments play a limited role in spatial planning through their responsibility for Regional

Spatial Plans. Intermediate governments have only minor functions related to planning wherein the head

issues non-binding opinions on local plans. In special circumstances, they may establish an architectural

commission wherein they are responsible for issuing planning permissions in those areas. However, due to

national legislative framework, they have much less discretion in influencing land use in areas that are not

covered by land use plans than in areas that are covered.



The main actors in land use planning are local governments. They have responsibility for creating and

approving Local Spatial Development Plans, which are the only legally binding zoning plans in Poland even

though large parts of cities are not covered by them. They may also prepare Spatial Studies that provide

visions and non-binding concepts for areas of varying size.

Poland has a hierarchical planning system with plans at the national, regional and local level In between

regional and local plans, the legal possibility for preparation of metropolitan plans exists, but no such plan

has been adopted as yet. In practice, the influence of higher level plans on subordinate plans remains limited.

2.25.1.1 National Spatial Development Concept 2030

Provides general policy guidelines related to settlement patterns, transport and environmental aspects.

2.25.1.2 Regional Spatial Plans

Prepared at an intermediate level, they spell out regional development strategies and provide guidelines for

local land use plans. They also demarcate restricted areas like military bases, flood prone zones and mining

areas.

2.25.1.3 Local Spatial Development Plans

Mandated to municipalities, the only binding land use plans, typically prepared in a scale range of 1: 500 to

1:2000, these plans are supposed to steer development and urbanisation. The process of preparing them is

ongoing for most of the settlements in the country. Affected municipalities do not have any legally binding

zoning plan for large parts of their territory. Legally, they are required to follow Regional Spatial

Development Plans, however, there are no enforcement mechanisms to ensure that local plans actually

adhere to regional ones, hence these plans are rarely constrained by higher level concepts and plans.

2.25.1.4 Spatial Studies

It is a strategic document at local level that outlines the main spatial development objectives of

municipalities. It may include detailed land use plans at scales between 1:5000 and 1:25000. Its main focus

is to develop a vision for the municipality. While it is not a statutory instrument, it must be considered in

preparation of Local Spatial Development Plans.

The Spatial Planning and Development Act provides for the main framework law that spells out

responsibilities of all levels of government and describes legal requirements of the planning process. It also

provides the rules under which planning permission must be granted if an area is not covered by a Local

Spatial Development Plan. As parts of or many cities do not have such a plan, this procedure is an important

clement in the Polish land use planning system. The Real Estate Management Act contains detailed rules

for management of plots of land. The Railway Transport Act and 610 Act on Special Rules for the

Preparation and Implementation of Investment in Roads contain the major rules for transport

infrastructure investment.

In absence of an overarching strategic framework to steer development, a large number of sectoral acts

have been approved to guide development in specific contexts. Among them are acts on preparation of

UEFA Euro 2012 for investments in public airports, liquefied natural gas terminal, telecommunication

networks, flood prevention infrastructure and nuclear power plants.



Vertical coordination of spatial planning policies is formally provided through the hierarchical relationship

between different levels of government. Furthermore, lower level plans are required to conform to higher

level ones. However, in practice the National Spatial Development Concept 2030 and Regional Spatial

Development Plans lack the instruments to shape local planning. Local Spatial Development Plans also

have to be approved by the regional level of government. Horizontal coordination occurs primarily on local

level during the planning process through a consultation process that requires public authorities in several

sectors to approve local plans. Furthermore, a large number of bodies may issue opinions on local plans

without having the power to veto them.

Portugal is a unitary state with two levels of government: the national level and 308 municipalities. Two

autonomous regions also exist, the islands of Azores and Madeira. The national government has four

distinct functions related to land use policies. First, it provides the legal framework that regulates planning

at the national, regional and local level. Second, it defines national and sectoral strategic policies aimed at

integrated cohesive and sustainable territorial development of the country. Third, it allocates national and

EU funds to specific territories and projects. With respect to spatial planning, funds for transport

infrastructure have been especially important. Fourth, it provides technical assistance for regional and

municipal planning. The spatial dimension of these four functions is spelled out in the National Programme

of Spatial Planning Policies and Special Programmes for particular regions. The national government also

supervises Regional Coordination and Development Commissions. They are deconcentrated branches of

Ministry for Environment and have administrative and fiscal autonomy. They coordinate national and local

policies related to environmental and spatial planning and prepare Regional Spatial Development

Programmes.

Municipalities exercise their responsibility for land use through preparation of local land use plans. The

municipalities are also being encouraged by law to form inter municipal associations to plan jointly. Beyond

their immediate responsibility for land use planning, municipalities also affect land use through their

responsibility for construction of public buildings and municipal infrastructure.

Several other public authorities and public companies affect land use policies in Portugal. Most of them are

controlled by the national government. Among them is the Institute for Nature Preservation and Forestry

that is responsible for ensuring that land use planning follows sustainable development principles. It has a

coordination role between different public bodies and is represented on advisory committees for Municipal

Director Plans. For cultural heritage protection, a similar role is played by Institute of Architectural and

Archaeology Heritage Management. Other important public organisations are Regional Hydrographical

Institutes that manage water resources and Infrastructures of Portugal that are responsible for financing,

construction and maintenance of road and rail network.

2.26.1.1 National Programme of Spatial Planning Policies

It is the most general plan in Portuguese planning system and the only one that is approved directly by

parliament. It covers all spatially relevant policy fields, contains objectives for spatial development of the

country and provides guidelines for planning process at regional and local levels. It is complemented by



Special Programmes that are prepared at national level and target areas with particularly high environmental

and/or cultural significance, such as the coastlines, natural parks and archaeological parks. Special

Programmes contain general guidelines on the management of these sites, but also detailed land use plans.

2.26.1.2 Regional Programmes for Spatial Planning

These are prepared by Regional Coordination and Development Commissions and approved at national

level except in cases of the two autonomous regions, where they are approved by respective regional

governments. Their main function is to translate national spatial planning policies into regional ones, to

connect them to municipal policies and to plan major infrastructure investments at regional level.

2.26.1.3 Municipal Director Plans

Also known as Inter-municipal Director Plans, it can be prepared by municipalities and inter-municipal

associations, but the latter case is rare in practice. All municipalities are required to have their entire territory

covered by a Municipal Director Plan. Usually, it contains both strategic elements and land use plans at a

scale of 1:25000. According to the legislation, Municipal Director Plans are supposed to be complemented

by two more detailed plans: Urban Development Plan and Local Detailed Plan. Mostly these plans do not

exist, and the Municipal Director Plans are the only existing statutory land use plans and contain more

detailed regulations than foreseen by the legislation.

2.26.1.4 Urban Development Plans

These are supposed to provide comprehensive zoning regulations for a significant part or the entire urban

territory of a municipality. Although Portuguese legislation established them several decades ago, they are

not common especially in small and medium sized towns and even many larger cities are not fully covered

by them.

2.26.1.5 Local Detailed Plans

They typically cover small neighbourhoods of particular importance for urban development at scales of

1:5000 or 1:2000. Local Detailed Plans have a particular place in the Portuguese planning system because

they can override the regulations of higher level plans. As their preparation and approval process is complex

and time consuming they are rarely prepared.

The Law of Public Policy on Soil, Land Use Planning and Urban Planning contains the framework

legislation for the planning system. Together with its associated regulations and building code regulations,

it is the most important legal text related to land use planning. Other important laws and regulations concern

environmental assessment including Strategic Environmental Assessment and Environmental Impact

Assessment, Water Law, Code of Expropriations and the implementation of the EU Natura 2000

regulations.

Horizontal coordination occurs through Government Service Conferences that are scheduled at specific

points in time during the planning process and assemble relevant public actors. Vertical coordination on an

ongoing basis is provided by Regional Coordination and Development Commissions that have the task of

connecting spatially relevant national and local policies.



The Slovak Republic is a unitary state with three levels of government. It has 8 regional and 2926 municipal

governments. The national government is primarily involved in land use policy through Ministry for

Transport, Construction and Regional Development. The ministry guides lower level planning processes

and ascertains that planning documents correspond to legal requirements. It also procures the Slovak Spatial

Development Perspective that forms national spatial development strategy and allocates funding for major

infrastructure projects. Ministry of Environment plays an important role in land use policies, as it declares

environmental protection areas, issues exemptions to environmental regulations and decides on appeals

against decisions by regional environmental authorities.

Regions have wide ranging responsibilities (on education, health, road transport, and social services). Their

central task related to land use is the preparation and approval of Regional Land Use Plans. Typically,

regions work with external experts that coordinate participation of public stakeholders (municipalities,

national authorities and other public sector organisations). Furthermore, regions review local plans and

planning regulations.

Municipalities in Slovak Republic are among smallest in OECD with an average number of just 1854

inhabitants. Nevertheless, they have significant responsibilities and competencies. With respect to land use,

several functions are important. Most directly, municipalities affect land use by issuing binding local land

use plans. Typically, plans are commissioned by municipalities and prepared by certified independent

experts. Indirectly, municipalities affect land use through taxes on land and buildings. They determine the

tax rate and differentiate taxes on land according to uses. Furthermore, municipalities are responsible for

social housing and urban regeneration.

The Slovak Republic has a hierarchical planning system with four levels of plans.

2.27.1.1 Slovak Spatial Development Perspective

This is a long term strategic document for spatial development at national level. It is closely connected to

National Plan for Regional Development that addresses regional disparities. The Slovak Spatial

Development Perspective defines a hierarchy of settlements and their national and international

connections. It also outlines the main urban axes within the Slovak Republic. It also provides directions for

creating equal living conditions and at preserving natural and cultural heritage. The Slovak Spatial

Development Perspective contains binding and guiding parts. Lower level land use plans must conform to

the binding parts and this conformity is generally well enforced. It is prepared at a scale of 1:500000.

2.27.1.2 Regional Land use Plans

Prepared in a scale range of 1:100000 to 1:50000, these plans exist in each of the eight regions and combine

strategic principles for spatial development with land use plans for respective regions. They determines the

location of major infrastructure, technical facilities and contain directions for protection of natural and

cultural heritage sites. The overarching aim of Regional Land Use Plans is to guide local land use planning

towards sustainable and effective development. They are legally binding for subordinate Local Land Use

Plans.

2.27.1.3 Local Land Use Plans

These plans must be adopted by municipalities with more than 2000 inhabitants. They contain land use

plans in a scale range of 1:10000, 1:5000 or 1:2880 that are binding for land owners. Typically commissioned

by municipalities and prepared by certified experts from private sector, sectoral plans for issues such as

transport, agriculture and waste management are integrated in them. As municipalities tend to be very small

in the Slovak Republic, a large number of municipalities with less than 2000 inhabitants exist. They can



adopt a Local Land Use Plan, but do not have to do so unless they plan extensive developments, public

buildings or are obliged by regional plans. Municipalities may also be obliged to adopt a Local Land Use

Plan if important infrastructure or public buildings exist within their territory. Current trends indicate that

many municipalities with fewer than 2000 inhabitants that are not required to adopt a Local Land Use Plan

have adopted one or are in the process of doing so.

2.27.1.4 Zoning Plan

Highly detailed plans (typically having a scale range of 1:1000 or 1:500), they describe permitted land use

on plots and include footprints of individual buildings. The creation of Zoning Plans is mandatory only if

it is required by local land use plans or when a public building is planned in the area. Zoning Plans exist

mostly in larger cities and for areas where large public developments occur or that are environmentally

sensitive.

The Building Act provides the legal basis for land use planning in the Slovak Republic. It is a comprehensive

framework law that has several functions. It establishes land use plans and provides guidelines on their

content. It covers issues such as spatial distribution of land uses, protected areas for development control,

impact evaluation of proposed developments and exploitation of natural resources. It also contains building

code regulations that provide architectural and technical guidelines for permitted developments. Together

with environmental protection legislation, the act provides the basis for planning decisions.

The Environmental Impact Assessment Act specifics requirement for developers to carry out such

assessments. The importance of this process is limited because environmental impact assessments have

only an indicative role and are not binding for the permitting process.

Other important laws are the Nature and Landscape Protection Act and the Act on Protection of Cultural

Monuments. Furthermore, Supporting Regional Development Act sets out requirements for strategic local

planning for economic development. It emphasises particularly on the vertical as well as horizontal

cooperation.

Vertical coordination of land use related policies is ensured by the hierarchical nature of the planning system

with Ministry of Transport, Construction and Regional Development as the central authority overseeing

the process. No formal mechanisms for strategic horizontal coordination between policy fields exist, but

public stakeholders from different sectors may provide input for the preparation of Local Land Use Plans.

Slovenia is a unitary country with 2 levels of government viz. the national level and 212 municipalities. The

national government adopts the framework legislation that structures the spatial planning system and

conducts most land use related work through Ministry of Environment and Spatial Planning, which is

responsible for preparation of national level spatial plans, environmental impact assessments, designation

of nature conservation areas, land surveys and provision of land and cadastre data. Other ministries may

also propose preparation of National Spatial Plans if necessary. Furthermore, the national government

influences land use through its responsibility for national roads, railways and other structures of national

importance, for agriculture and for heritage protection. Through an administrative agency, the national

government is also responsible for issuing building permits.



No regional level of government exists in Slovenia, but Regional Development Agencies exist to support

economic development at subnational level. These agencies can initiate preparation of inter-municipal

Regional Spatial Plans although local communities should mainly initiate their preparation.

Municipalities have the right to manage spatial development in their jurisdiction except for those aspects

that are under direct control of the national government. They adopt municipal land use plans in accordance

with national guidelines that aim at creating rational, mixed and sustainable land use patterns. Municipalities

are allowed to form inter municipal associations to prepare their Regional Spatial Plans, but this is rare in

practice.

Slovenia operates a hierarchical system of plans.

2.28.1.1 Spatial Development Strategy

The highest level planning document, this document outlines the main objectives for spatial development

by focusing on the description and development of spatial systems of national importance and considers

settlements, transport, infrastructure, and environmental and landscape protection. The current Strategy

was approved in 2004 and is under revision.

2.28.1.2 National Spatial Plans

These are essentially spatial plans for development projects of national importance, prepared at scales

ranging between 1:5000 and 1:1000, they can override existing municipal land use plans, but must follow

Spatial Development Strategy of Slovenia. They contain detailed outlines of permitted uses, built structures

and land parcels. Their primary use is to ensure fast and uncomplicated planning for construction and

modernisation of infrastructure and other structures of importance at national, regional and sometimes

local level. They may also be used as for reconstruction after natural disasters (in which case they may

exceptionally contradict the Spatial Development Strategy of Slovenia).

2.28.1.3 Municipal Spatial Plan

It is divided in two parts: a strategic part and an operational part. The strategic part (typically at a scale of

1:25000) contains objectives for spatial development of a municipality, guidelines on development of built

environment and a concept for commercial development of municipal importance. The operational part

contains land use plans (typically at a scale of 1:5000) and associated zoning regulations covering the entire

municipality. It also specifies areas for which a Detailed Municipal Spatial Plan is required. Municipalities

are obliged by the Spatial Planning Act of 2007 to prepare operational part of a Municipal Spatial Plan.

However, due to the lengthy planning process many municipalities had not prepared such a plan till 2015.

In municipalities that do not yet have approved a Municipal Spatial Plan, the spatial planning documents

are based on older legislation from 1984.

2.28.1.4 Regional Spatial Plans

Regional Spatial Plans are similar to Municipal Spatial Plans but they are prepared jointly for several

municipalities and adopted by inter municipal associations. The cooperating municipalities agree on

preparing a joint plan. If it contains sufficient detail, a Regional Spatial Plan may be prepared instead of

Municipal Spatial Plans. Municipalities are free to decide whether to prepare a Regional Spatial Plan but

only one such plan had been adopted till 2016.



2.28.1.5 Detailed Municipal Spatial Plans

Prepared for specific areas, these plans contain detailed land use regulations and specify permitted uses.

They are typically prepared in a scale range of 1: 1000 or 1:500.

The Spatial Planning Act of 2007 contains the framework legislation that regulates the spatial planning

system of Slovenia. It also contains regulations regarding provision of infrastructure for new developments

and establishes a spatial information system. Other important acts include Environmental Protection Act,

which concerns nature conservation areas and Water Act, which protects aquifers and contains provisions

to prevent erosion. The Agricultural Act contains classifications of agricultural land that can protect it

permanently from development. Furthermore, Forest Act, Land Survey Service Act. Cultural Heritage

Protection Act and Public Roads Act have major influences on land use.

The Spatial Development Strategy of Slovenia is main policy document to coordinate policies across

sectors. With respect to preparation of individual spatial plans, a special consultation process exists for

ministries and companies with statutory competencies. During the drafting phase of a plan, they are

obligated to state requirements that it would entail for their sector. At the end of drafting process, they

need to approve solutions. At local level, municipalities have the task of coordinating between all

stakeholders. Furthermore, municipalities may work with specific ministries on particular aspects of land

use patterns and environmental regimes.

Spain is defined by OECD as a quasi-federal state with 4 levels of government viz. the national government,

17 autonomous communities, 50 provinces and 8119 municipalities. The division of powers regarding land

use policy is specified in the constitution and in other national legislation. The constitution assigns

responsibility for spatial planning to autonomous communities, but national government prepares

framework legislation that guides regional laws. The national government has important powers in policy

fields related to spatial planning wherein it can impose environmental legislation and related legislation that

affects possibilities of developing land. It also prepares a sectoral plan for national infrastructure, for

example related to transport and energy. However, according to a decision of constitutional court it has no

authority to prepare a general national spatial plan.

Autonomous communities develop and complement the basic national framework legislation concerning

land use by establishing their own legislative framework on land use planning. Within limits set by the

national framework, they establish their own comprehensive planning systems. This includes, for example,

definition of requirements of municipal master plans to delineate land as "suitable for urban development",

as "not suitable" or as "protected according to its environmental, natural cultural, etc. value": and the

definition and content of different planning instruments. Most regions have adopted a hierarchical system

in which regional government is responsible for preparing a regional spatial plan that is binding for

municipal governments. Depending on the region, regional governments are also responsible for issuing

building permits for specific development projects, such as large scale or particularly sensitive projects.

Intermediate levels of governments in some autonomous communities prepare land use plans with varying

contents. They tend to establish Provincial Subsidiary Regulations (Normas Sabsidiarias Provinciates) to

steer development in municipalities or areas of a province without an approved Municipal Urban Master



Plan. These detailed regulations specify conditions for permitting development in absence of Municipal

Urban Master Plan. The Subsidiary Regulations may contain guidelines for municipalities concerning

preparation of local plans.

Municipalities are main actors in land use planning. They prepare and enact local plans, which vary in their

details between regions. In general, medium size and small municipalities adopt a simplified version of

Master Plan, with very similar contents. Only very small municipalities have no land use plans. In most

cases, municipalities are also responsible for assessing applications for building permits.

2.29.1.1 National Sectoral Plans

According to a ruling of the Constitutional Court, the national government is not allowed to prepare a

national-level spatial plan for Spain. However, it may prepare sectoral plans and does so for several policy

fields (i.e. Hydrological Plan, Solid Waste Plan, Environmental Plans, and Plan of Infrastructure etc.).

2.29.1.2 Regional Plans/Guidelines

On the regional and local level, the system of plans differs between autonomous communities. Typically, a

Regional Plan exists at the level of the autonomous community that guides and coordinates planning at

local level. Furthermore, all coastal regions have prepared a Coastal Plan in order to deal with particular

development pressures and environmental sensitivities along the coast.

2.29.1.3 Sub Regional Territorial Plans

Hierarchically below regional level, sub-regional Territorial Plans are prepared by intermediate levels of

government in some autonomous communities. Their content and geographical scope varies between

autonomous communities. In some cases, they focus only on selected areas of high importance or on areas

which lack local land use plans, whereas in others they cover the entire jurisdiction of subnational

government.

2.29.1.4 Municipal Urban Master Plans

The main land use plans, these are comprehensive master plans for municipalities. In all autonomous

communities, these plans may contain legally binding regulation for land owners.

2.29.1.5 Development Plans

In geographical sectors that have been designated as suitable for development by Municipal Urban Master

Plans, the conditions for development are further elaborated on at the second stage by sector's

Development Plan, a detailed plan that shows permitted land use and regulates building conditions for each

individual plot included in the sector.

At the national level, the Law on Land and Urban Development contains the main legislative elements

related to spatial planning that are within competence of the national government. It is supplemented by

varying framework legislation enacted by autonomous communities.

All 17 Spanish regions use a hierarchical model of planning, in which lower level plans must comply with

higher levels. Thus, coordination between levels of government is ensured during plan preparation and

administrative consultations between levels of government. The hierarchical planning system guarantees



that lower level plans are in accordance with higher level plans; at the same time, higher level plans may on

purpose include ambiguous elements to ensure sufficient flexibility at the local level.

Sweden is a unitary country with 3 levels of government viz. the national level, 21 counties and 290

municipalities. The national government has several instruments to affect land use planning and is

responsible for the framework legislation that defines the system of land use planning. It also provides

guidelines for municipalities for plan making process and defines the building code and designates areas

that are strictly protected from development for nature or heritage protection. It also exercises control of

sectoral policies that affect land use through its state bodies, such as Swedish Transport Agency, Swedish

Environmental Protection Agency and Swedish Energy Agency.

At regional level, national government’s interests in planning processes are represented by County

Administrative Boards, especially with respect to guidelines stated in the Planning and Building Act.

Furthermore, they are supposed to provide municipalities with data, advice and coordinate in case of

conflicts between municipalities. While County Administrative Boards are deconcentrated parts of national

administration, County Councils are intermediate level of government in Sweden. The County Council is a

directly elected regional body mainly responsible for health care and public transport. Ten County Councils

(out of 21) have additional responsibilities such as regional development.

National legislation makes regional spatial planning obligatory for the Stockholm region, but not for other

Swedish regions. Although no regional spatial plans exist outside of Stockholm region, the government

recommends a regional development strategy in each county, which may contain spatial elements and

influences land use decisions.

Municipalities have three main responsibilities related to land use. First, they are responsible for local

planning wherein they prepare Comprehensive Plans and Detailed Plans and issue building permits based

on those plans and other relevant regulations. In order to make their comprehensive plans more strategic,

municipalities are supposed to consider a regional perspective. Second, they are responsible for provision

of housing through public housing companies, which provide a significant share of all rental

accommodation in Sweden. Third, they provide technical infrastructure required to develop land, such as

roads, water and sewage disposal networks. Municipalities have the possibility to form inter municipal

associations to jointly take care of their responsibilities.

Many municipalities have substantial land holding giving them an important tool to shape land use in their

territory, either by choosing directly how to use land they own or by deciding to sell it to private developers.

No formal spatial plan at national level exists in Sweden.


These plans are not mandatory, except for county of Stockholm, which has produced a regional spatial plan

for greater Stockholm area.


Prepared by municipalities, these plans are their main tool for strategic planning. Legally required to covers

the entire territory of a municipality, but it does not contain any legally binding provisions for land owners.

It forms the basis of decisions on use of land and water areas. Comprehensive plans must be reviewed by



the municipal council at least once during each legislative period. Their compliance with national guidelines

is checked by County Administrative Boards. The statement of county administrative board forms a

compulsory planning document within comprehensive plan. It reflects primarily considerations how to

incorporate national interests in local planning.

2.30.1.3 Detailed Development Plan

These are the statutory instrument to regulate land use at municipal level and give obligations and rights to

land owners. These rights are protected during an implementation period that can vary between 5 and 15

years. Detailed Plans are only prepared in areas where it is necessary to control a change in land use and are

valid until they are repealed or replaced. Special Area Regulations are more simple planning instruments

that are also binding and used outside built-up areas.

The Planning and Building Act is the main framework legislation that defines the land use planning system

in Sweden. It is complemented by Environmental Code, which contains the most relevant regulations

related to permitting land uses. Other legislation relevant to land use can be found in Roads Act, Public

Water and Wastewater Act and in Real Property Formation Act, which provides the legal framework related

to land ownership.

Mandatory consultation during plan making process and before granting building permits are the main

formal coordination mechanisms between levels of government and other relevant actors and stakeholders.

In practice, consultations are channelled through the County Administrative Boards, which play a

coordinating role.

Switzerland is a federal country with 26 cantons and 2294 municipalities. The fundamental responsibilities

for spatial planning and land use policies as defined in the Swiss constitution, lie with cantons, while federal

government defines guiding principles for land use planning and coordinates efforts of the cantons.

In practice, national government has two primary roles. First, it enacts the framework law that structures

the planning processes of cantons. It also enacts legislation in other fields such as transport, environmental

protection, housing and energy that has relevance for land use planning. Typically, federal legislation in

these areas provides a framework that is further specified by cantonal legislation. Second, the federal

government is directly involved in preparation of five sectoral plans and two sectoral concepts on issues

that have relevance beyond individual cantons.

Due to binding national guidelines, land use planning in most Swiss cantons is structured similarly. Cantons

exercise their responsibility for spatial planning mostly through the preparation of strategic regional plans.

All cantons except Geneva and Basel-Stadt have delegated actual responsibility for land use planning to

municipalities, but they remain responsible for issuing building permits for projects that are located beyond

designated developable areas.

While formal responsibilities of cantons are similar across Switzerland, actual planning practices vary

between them. Some cantons are known for more liberal approaches than others. Furthermore, there are

differences between urban and rural areas, as large urban municipalities have the capacity to develop more

elaborate plans than smaller municipalities.



While details vary between cantons, municipalities are central actors in land use policies, as they prepare

binding land use plans and issue building permits for all construction projects located within building zone

of their territory.

2.31.1.1 Territorial Concept of Switzerland

At national level, a non-binding countrywide strategic plan, five sectoral plans and two spatial concepts

exist. Sectoral plans concern high potential agricultural areas, transport, electricity grid, storage sites for

nuclear waste, and military. They designate areas for specific land uses within their thematic fields and are

binding for subordinate plans. Sectoral concepts, which contain less detail than sectoral plans are prepared

for landscape planning and planning of sports facilities.

2.31.1.2 Structure Plans

Prepared at the canton level, these are detailed strategic plans prepared in a scale range of 1:50000 to 1:10000

and describe socio-economic situations in cantons including detailed objectives for spatial development in

the cantons. They are very specific about intended land use for certain parts of canton and determine the

location of public infrastructure. However, they do not contain land use regulations that are binding for

land owners.

2.31.1.3 Land Use Plans

Prepared in a scale range of 1:5000 to 1:1000, these plans are prepared by municipalities except in cantons

of Geneva and Basel. All municipalities are covered by these plans and they typically define limits of building

zones and different land use zones within it, but do not contain regulations on urban design. After

preparation they have to be approved by the cantons. In some cantons these plans may be confirmed by

public referendums in respective municipality.

2.31.1.4 Special land Use Plans

In a scale range of 1:1000 to 1:500, these plans are prepared for areas where additional regulation beyond

general zoning is required. They generally define neighbourhood layouts, architectural details of buildings

and other specific aspects required for developments. They ' may override Local Land Use Plans and may

also regulate other aspects of land use if needed. Special Land Use Plans are defined in cantonal legislation.

Therefore, their details and their approval process vary from canton to canton.

2.31.1.5 Strategic Plans

In addition to the plans mentioned above, a large variety of other plans exist. Primarily, these are strategic

plans at all levels of government and sectoral plans at the canton level. Typically, they cover issues such as

economic development, waste, wastewater, telecommunication, electricity grid, traffic and environmental

protection. Furthermore, some national legislation have explicit spatial dimension. Examples are laws

creating an inventory of heritage sites or determining areas where hunting is banned.

As mentioned above, the most important law is the framework lam on Spatial and Regional Planning. It

guides spatial planning at all levels of government and requires a sparing use of land whenever possible. As

a central mechanism to achieve this goal, it demands a strict delineation of land that is available for

development and land that is not. Furthermore, it requires that different levels of government coordinate

their land use related activities. Due to high level of details in the Law on Spatial and Regional Planning,



and in corresponding implementation ordinance, planning systems of the Swiss cantons are generally

similar.

Several other laws have major importance for land use in Switzerland. The Agriculture Law defines multi-

functionality of agricultural landscape and requires decentralised settlement patterns. A Law on Second

Homes limits share of second homes within municipalities to 20 per cent and has important impacts on

some municipalities in touristic areas. Furthermore, the Nature and Cultural Heritage Protection Law and

the Environmental Protection Law restrict land use along various dimensions.

Limited coordination between levels of government is provided by formally hierarchical nature of the

planning system. Although municipalities retain a high degree of autonomy concerning land use planning,

their plans must comply with higher level plans. Horizontal coordination occurs primarily at cantonal level

through Structure Plans, which cover several policy areas.

Turkey is a unitary state with three levels of government viz. the national level, 81 provinces and 1397

municipalities. The national government is responsible for framework legislation defining the spatial

planning system of the country and funding major infrastructure decisions. It is also responsible for

preparation of all national plans and regional plans and approves Municipal Master Plans. Within national

government, responsibilities are divided between Ministry of Development and its subordinate Regional

Development Agencies and Ministry of Environment and Urban Planning. Whereas, the former is

responsible for regional development strategies and their spatial dimensions, latter is responsible for land

use plans and National Spatial Development Plan.

The role of provinces in land use governance is limited and they are not actively involved in land use

planning. However, they influence land use through spending on public works and economic development

programmes.

Municipalities in Turkey are categorised into Metropolitan Municipalities, City Municipalities and Town

Municipalities. All municipalities above 10000 inhabitants are responsible for preparation of Municipal

Master Plans and Implementation Plans. Eventually, Metropolitan Municipalities and City Municipalities

will also prepare Urban Development Plans.

2.32.1.1 National Development Plan

The National Development Plan is a general plan for economic development that contains spatial elements

but is not primarily a spatial plan. It covers a five year time period.

2.32.1.2 Regional Development Plan

The national development plan is complemented by Regional Plans that spell out spatial dimension of

National Development Plan more explicitly and provide concrete objectives and policy measures for each

of 26 regions of the country.

2.32.1.3 National Spatial Strategy Plan

Prepared in a scale range of 1:1000000 to 1:500000, these plans reflect the national development policies

and regional development strategies as spatial strategies related to urban systems, infrastructure, transport



and other spatially relevant aspects of public policy. It steers lower level plans and determine the location

of major public investment projects.

2.32.1.4 Territorial Spatial Strategy Plans

At regional level, the National Spatial Strategy Plan would be complemented by Territorial Spatial Strategy

Plans that are prepared at varying regional scales in the range of 1:100000 to 1:50000. They are expected

to eventually replace the existing Regional Plans.

2.32.1.5 Land Development Plans

Land Development Plans have the same geographical scope as Territorial Spatial Strategy Plans. They

contain fewer strategic elements and provide instead small scale land use plans (typically at scale ranging

between 1:100000 and 1:25000). They are used as steering instrument through which the national

government can guide local land use plans.

2.32.1.6 Master Plans

These plans combine elements of strategic and zoning plans, and are the main plans used by municipalities

to shape their urban development in a sustainable way. They must follow the guidelines provided by Land

Development Plans, but are much more detailed and prepared in scale range of 1:5000 to 1:2000.

2.32.1.7 Implementation Plans

Prepared at a scale of 1:1000, these plans regulated details of approved developments for specific plots.

2.32.1.8 Integrated Coastal Zones Plan

It has the goal of improving land use management and accelerating the decision making process in coastal

regions that face particularly strong development pressures. It provides an inventory of coastal buildings

and facilities to improve environmental management and shows functional relations between areas along

the coast.

The Law on Soil Conservation & Land Use and the Land Development Planning & Control Law provide

the framework legislation for the land use planning system in Turkey along with Zoning Directive, Directive

on Preparation of Spatial Plans and Regulation for Planned Areas. Other relevant laws are the Law on

Establishment of Metropolitan Municipalities and Town Municipalities that created new municipalities

determining their borders and responsibilities. The Coastal Law delineates coastal areas and regulates public

land use in them.

Legally, authorities are required to coordinate with each other when deciding on policies related to spatial

planning. Vertical coordination is provided through hierarchical nature of the planning system, which

mandates lower level plans to follow higher level plans. Horizontal coordination occurs through

consultations between authorities.

The United Kingdom is a unitary state with three devolved governments in Northern Ireland, Wales and

Scotland, respectively. At the local level, 389 local authorities with varying status and powers exist. There



are 27 county councils in parts of England as an intermediate level of government operating above other

local authorities, except where they are unitary authorities. The UK government is responsible for allocating

funds to local authorities and for preparing the National Planning Policy Framework in England and

facilitates important infrastructure projects through specific legislation or by placing them under direct

ministerial control. The Welsh and Scottish governments have been granted far reaching powers regarding

land use policies. They enact national spatial planning frameworks that structure the planning system in

their territories. The Scottish government also prepares a Scottish Land Use Strategy, the only such

document in the United Kingdom. Both governments decide about appeals against local planning decisions

and have the power to fast track infrastructure project in their territories.

Local authorities are responsible for local land use planning and public housing. They also decide on

planning applications. Some local authorities have contracted land use planning out to private sector.

County councils as an intermediate level of government are responsible for strategic planning and its

applications related to waste disposal sites, mineral extraction and county owned land. In London, the

Greater London Authority has a distinct legal status as a metropolitan authority and is among other issues

responsible for transport and for preparation of the London Plan, a strategic plan that provides binding

guidelines to local authorities in the greater London area. Other devolved authorities can also receive

strategic planning powers if they wish under the Government's programme of Devolution Deals.

2.33.1.1 National/Regional Planning Policy Frameworks

England, Northern Ireland. Scotland and Wales each have separate National or Regional Planning Policy

Frameworks. These provide long term guidance frameworks for spatial development in respective parts of

the country. In England, the National Planning Policy Framework (NPPF) sets out how government

policies for England should be applied and must be taken into account by local councils and local people

in preparation of their own local and neighbourhood plans. It is accompanied by more detailed Planning

Practice Guidance available on line.

In Scotland, the National Planning Framework (NPF) outlines a long term vision for spatial development

and investment across Scotland for next 20-30 years. In Wales, the Wales Spatial Plan sets out cross-cutting

national spatial policies which provide context for application of national and regional policies for specific

sectors and different sub regions of Wales. In Northern Ireland, the Regional Development Strategy

(RDS2035) is a long term plan to 2035 which informs the spatial aspects of the strategies of all government

departments.

These national and regional planning frameworks formulate policy priorities for spatial development but

do not allocate land for specific uses. They do not contain legally binding elements, but are material

considerations that must be taken into account by local governments. The frameworks are prepared and

issued by responsible minister in each country. The frameworks do not contain specific policies for

nationally significant infrastructure projects such as power stations, airports, intercity rail and road networks

which are the subject of separate legislation. Decisions on these developments are taken in accordance with

other planning legislation and national policy statements for major infrastructure, which form part of the

overall framework of national planning policy.

2.33.1.2 Core Strategies/Local Plans

They contain a section with general policy guidelines as well as local land use plans typically prepared in a

scale ranging between 1:2500 to 1:200. Approved by regulatory decision of local authorities, in England,

core strategies form part of local authority's local development frameworks which include local plans. These



are at heart of the English planning system and set out a vision and framework for future development of

an area, addressing issues such as housing, infrastructure, economy, environment and good design.

2.33.1.3 Neighbourhood Plans

Existing in England since 2011, these plans are created on ad-hoc basis by citizens from self-organising

communities known as Neighbourhood Forums. To prepare a Neighbourhood Plan a Neighbourhood

Forum must be formally designated by the local planning authority. Neighbourhood Plans cannot restrict

development in areas where it has been approved by Core Strategies and Local Plans, but they can designate

additional land for development if this is in conformity with the NPPF. It is estimated that there are over

200 approved Neighbourhood Plans.

Due to devolution of land use planning, England, Northern Ireland, Scotland and Wales have their own

framework legislation on planning as well as on related issues such as conservation. In England, the

Localism Act from 2011 has granted local authorities additional powers and allowed local referenda. The

Environmental Protection Act applies to England. Scotland and Wales, but not to Northern Ireland, which

is subject to a somewhat different set of environmental laws and regulations.

The Localism Act 2011 introduced the "Duty to Cooperate", under which local planning authorities when

preparing Local Development Plans must cooperate with neighbouring planning authorities and related

organisations on cross-boundary strategic issues. These issues include homes and jobs, commercial

development, infrastructure, health, security and cultural infrastructure, climate change mitigation and

adaptation. The "Duty to Cooperate"' applies to other public bodies which have an interest in a particular

plan.

Planning Inspectors from the Government's Planning Inspectorate play an important role in examining

Local Plans for their soundness. If an inspector has significant concerns about a Local Plan in relation to

the "duty to cooperate" or other procedural requirements, the Inspector informs the local planning

authority and suspends examination process until the local authority has addressed the said issue. Whilst

no formal horizontal coordination mechanisms between different policy branches exist, interested parties

coordinate on an ad-hoc basis as necessary.

The United States is a federal country with 4 levels of government viz. the national level, 50 federated states,

3031 governments at an intermediate level (e.g. counties) and 35879 local authorities (not including special

purpose entities such as school districts). Generally, decisions concerning land use are highly decentralised.

Constitutionally, land use planning is among powers retained by the states, but all states delegate large parts

of their authority to local governments through state constitutions and statutes.

Despite its lack of direct powers regarding land use planning on non-federal lands, the federal government

exercises considerable influence over land use. First, it has enacted environmental legislation that influences

land use decision making. Second, it owns large parts of land especially in western states. The five states

with the largest share of federal land are: Nevada (85 per cent); Utah (65 per cent); Alaska (61 per cent);

Idaho (61 per cent); and Oregon (53 per cent). Third, it owns and may decommission military lands for

private development in important urban areas. Fourth, it has signed treaties that influence or govern land

use on Native American tribal land. Fifth, it constructs and funds federal roads. Sixth, it provides fiscal



incentives to state and local governments for specific projects. Seventh, it provides tax incentives to

individuals, for example to encourage single family homeownership through tax deductions on mortgage

interests. Eighth, it provides limited housing support for low income households. Ninth, it pursues

agricultural policies using fiscal and regulatory tools that influence land use especially in rural areas. Tenth,

US constitutional principles such as due process, equal protection, and takings limitation impose restrictions

on land use planning.

States have the authority to regulate land use, but all states have, to a large degree, delegated this authority

to local governments through state constitutions and statutes. However, just as with federal government,

states also have considerable indirect influence. First, state constitutions determine delegation of powers to

local governments, and states also pass the framework legislation that defines tools that local governments

can use for land use planning and control. Second, they specify how local governments can finance

themselves. For example, these financing provisions can prevent local governments from using specific

fiscal instruments that would allow them to finance urban redevelopment projects. Thus, they limit local

control over land use. Third, judicial review of land use permits, as well as rules for how local governments

must conduct administrative hearings on land use permits, are frequently determined by states. Fourth. 15

states require an environmental review before building permissions can be issued. Fifth, all states adopt

building codes, which generally follow the model provided by the International Building Code. Sixth, states

may own land themselves. The five states with the largest share of state owned land are; New York (37 per

cent); Alaska (29 per cent); New Jersey (16 per cent); Florida (14 per cent); and Pennsylvania (13 per cent).

Seventh, states provide voluntary guidelines and support to local governments to assist them in planning

processes.

Generally, local governments have a large degree of autonomy to control land use within their jurisdictions.

States typically grant them the authority to pass ordinances and regulations as long as they do not conflict

with other laws. Furthermore, all states give municipalities the power to enact zoning regulations. In 15

states, state legislation also requires municipalities to adopt a Comprehensive Plan. Similarly, in 8 states

local governments are required to adopt Local Zoning Ordinances.

2.34.1.1 Strategic Plans

No national level spatial plans exist in the United States At the state level. 12 states have adopted state-wide

plans, typically Strategic Plans. The plans vary with respect to their specificity and their focus. In some

cases, they guide state policies, but often they aim at guiding decisions at local level. In seven states, the

plans are legally binding documents and local governments must comply with them. In remaining six states,

they provide only guidelines, but compliance may be required for projects funded by state grants.


Comprehensive Plans are local government instruments for strategic planning. Their content and role varies

from state to state. In most states, they do not create binding restrictions for land owners, but local

governments use them as a guide for development of zoning ordinances as well as for other strategic

planning purposes. In most states, no legal requirement for local governments to enact a Comprehensive

Plan exists. However, adopting a Comprehensive Plan is a legal requirement for enacting Zoning

Ordinances in many other states, and some states make financial support for municipal investment projects

depending on Comprehensive Plan. If a local government has adopted a Comprehensive Plan, some, but

not all, states require Zoning Ordinances to be in accordance with the Comprehensive Plan.



2.34.1.3 Zoning Ordinances

Zoning Ordinances are the main instrument to restrict and steer development of land within the jurisdiction

of a local government. Typically, they contain text based and map based parts that indicate permitted and

conditional uses for lots. Only a few states require local governments to adopt Zoning Ordinances, but they

are common in most parts of the United States.

Several federal laws affect land use planning across the United States. Among most important ones are

National Flood Insurance Programme, Endangered Species Act, Energy Policy Act, Clean Water Act,

National Environmental Policy Act, Federal Highway Act and on federal lands, Federal Land Policy and

Management Act.

Few formal coordination mechanisms between levels of government exist in most states. Establishing a

Metropolitan Planning Organization (MPO) is a prerequisite for urban areas with more than 50000

inhabitants to obtain federal transportation funds. Generally, MPOs have an advisory role to local and state

governments and focus on coordination of policies between them, in particular with respect to transport

planning. In most cases, the recommendations of MPOs are non-binding, but some states and metropolitan

areas have expanded their role and given them regulatory functions.



Over eighty per cent of the households in Cambodia are engaged in agricultural activities (Agricultural

Census, 2014) and access to land is a highly disputed issue. Traditionally the king was owner of the land,

while farmers were users obtaining user rights by carrying out agricultural activities. During the regime of

the French protectorate, land property rights of people changed from a user, or possession right to an

ownership right.

While possession rights were linked to conditions like continuous utilisation of land, for example for

cultivation, and was recognised by social consensus on local level, ownership rights were definitive.

3.1.1.1 The land Law 2001

In 1998 the Ministry of Land Management, Urban Planning and Construction was established in Cambodia.

The Ministry was responsible for drafting a new land law under which land remained property of the state

unless it was legally privatised. The land law differentiates between five different categories of properties:

Private land: land with full legal private ownership;

State private land: simply all state land that is not public, this type of land can be legally privatised;

State public land: state land with a public interest such as roads, military bases, public buildings and

services, land with forest, water bodies, river beds - state public land cannot be privatised:

Monastery land: ownership of Buddhist monasteries in collective ownership;

Indigenous community land in collective ownership: established residence areas of indigenous

communities and lands involving traditional shifting agriculture. A sub-decree on registering indigenous

land added burial and spiritual land.

The aim of this law is to improve tenure security and access to land through a market based land reform

including land titling, cadastral administration and a liberalised land market. Economic land concessions

(ELC) were to attract investments, while social land concessions (SLC) were established as a means of

redistributive land reform giving state land to landless and land poor people. The registration of land was

to be accelerated through Systematic Land Registration instead of Sporadic Land Registration.

After the process of decentralisation and de-concentration of powers, the German Development Service

(DED) was requested by government of Cambodia to provide support to strengthen the local

administration in Battambang and Siem Reap in 2003.

This association was aimed to strengthen the decentralisation process and spatial planning was to safeguard

sustainable municipal development for benefit of local community and create better living conditions for

people in the whole municipality. The work on spatial planning started from scratch: there was no legal

framework or policies in place except the Law on Land Management Urban Planning and Construction

(1994). The municipalities and provinces had no experience of how to design the process.

In 2010, the work was extended to two more provinces (Takeo and Kampong Chhnang). In 2011 DED's

activities on spatial planning were incorporated into GIZ's Land Rights Programme (LRP). In May 2013,

the spatial planning work was extended to Kandal Province to develop Ta Khmau Municipal Land Use

Master Plan.



The scope and content of spatial plans include envisaged settlement structure within the province, district

and municipality, open space structure, transport and supply structure and areas with particular functions.

The information was assembled into Municipal or District Master Plan with a time horizon of at least 15 -

20 years. Maps were in the scale range of 1:50,000 to 1:25,000.

3.1.2.1 Strategy

At the starting there were no provisions for spatial planning and authorities at all levels lacked

experience.

Based on the concept and experience of learning from doing in the pilot areas, GIZ supported scaling

up Provincial Spatial Plan and Municipal Land Use Mater Plan projects in other provinces and

municipalities including Kampong Chhang. Takeo and Kandal provinces.

An inclusive, participatory process was initiated, wherein actors in administration, civil society and

economic sector were identified and their participation was institutionalised. Capacity development was

conducted subsequently based on learning needs of the team throughout the planning process.

In addition to the technical support, a legal and policy framework at national level including

development of concept of the Law of Land Management was supported.

A core working group on spatial planning and land use master plan enabling the planning process for

a smooth and participatory process was created.

Based on these experiences, guidelines for practitioners were developed for undertaking Provincial

Spatial Planning, Municipal/District Land Use Master Planning and an Introductory Handbook on

Spatial Planning System in Cambodia for implementation in the whole country.

3.1.2.2 Implementation

The planning process followed following main steps:

Creation of a Land Management and Urban Planning committees consisting of directors of

departments (decisions makers)

Establishment of a working group

Design of a participatory process to involve all relevant stakeholders including public consultations and

stakeholder workshops.

Data collection and analysis of current situation of the area. A summary of spatial information, facts

and figures, engaging working group in demarcation exercises, for example of administrative boundary,

road, technical infrastructure, social infrastructure, green space, heritage building and tourist sites.

Dynamic analysis to determine how the current situation has changed over time and what will change

in future

Envisioning future scenarios, visions and strategies

Implementation planning and approval

There is a National Policy on Spatial Planning in Cambodia. The same was approved by the council of

ministers in April 2011

A National Committee for Land Management and Urban Planning (NCLMUP) was installed following

the same.

The First Municipal Land Use Master Plan (MLUMP) in Battambang in Cambodia was finalised in

2009 and approved by NCLMUP in 2015

Simultaneously, a Provincial spatial plan was developed to promote development of the region

(Battambang Spatial Plan BSP, finalised 2012)



The two plans were successful in attracting investment from ADB in urban infrastructure and

UNESCO showed interest in Heritage Building Zone.

GIS units have been created at municipal/provincial level managing the acquired databases.

The municipality uses its MLUMP for guiding road construction or upgrading, implementation of

suggested green concept, tourism promotion, sanitation, housing etc.

Other municipalities and provinces have started implementing the planning process

The provincial spatial plan (PSP) is a spatial development framework based on a vision that provides

strategic directions for spatial development of province:

The vision outlines the long-term aspired territorial developments

The strategy is linking the aspired territorial developments with the means proposed to achieve them

The PSP aims to spatially substantiate national level spatially relevant policies, programs, plans and strategies

(PPPS), to guide local level spatial planning and to integrate the two with each other (‘vertical integration’)

and it coordinates and integrates provincial sector PPPS with each other and with the aims of spatial

planning itself (‘horizontal integration’); and it further informs formulation of provincial five year

development plan and the corresponding rolling investment plan.

3.1.4.1 Scope and Content

The PSP aims to determine envisaged future spatial structure of province, and assigns corresponding

functions to different areas of the provincial territory. Among other things it

Reviews and considers characteristics of the province within the region

Identifies and analyses existing spatial structures and patterns of spatial development

Formulates desired overarching spatial structure of settlements and infrastructure, open space and areas

with particular functions, as well as their interrelation, based upon local need and potential and in

compliance with national directions (PPPS)

Designates functions for different urban and rural areas and formulates corresponding measures

promoting sustainable development

Provides direction, orientation and restrictions to subsequent Land Use Master Planning of districts

and municipalities within the province

Provides reference to mid-term development planning and investment programming of the province.

The plan is prepared in a scale range of 1:250000 to 1:100000 for a time horizon of at least 20 years.

SIMPLE is an integrated ecosystems planning and management approach. It is designed to help local

governments plan and manage their entire land territory, be it public, private or ancestral lands. The needs

of the fast-growing population of the Philippines have put heavy stress on forests, agricultural lands, coastal

areas and settlements. This forces local governments to assign new land areas for commercial use, residential

developments or other social and economic activities. Unsustainable practices, such as logging, illegal

fishing or land conversion, are often the consequences and aggravate the pressure on natural resources or

infrastructures.



SIMPLE supports multiple policies, above all, the Philippine Development Plan (2011-2016), where the

Integrated Ecosystem-based Management is adopted as a major strategy. It also supports policies and

guidelines for local governments, such as the National Convergence Initiatives strategies to improve rural

development, the initiatives of national government agencies to mainstream climate change adaptation and

disaster risk reduction, or other important topics such as improved budgeting and expenditure management

at the local level.

Seventy per cent of all local governments have outdated or no land use plans at all that could address these

issues. SIMPLE sees all ecosystems in their holistic importance for the land resources of a local government

unit. It has three main advantages to offer: first, it enables local governments to manage their entire territory

from ridge-to-reef. It integrates planning and management into the Comprehensive Land Use Plan (CLUP)

for all lands including the 15-km municipal water zone. This addresses climate change adaptation and

disaster risk reduction measures. Second, it empowers communities. SIMPLE builds on a participatory land

use and development planning process starting at the barangay level. This increases tremendously the

accuracy of data, the ownership and acceptability of projects and priorities as well as the compliance with

zoning regulations. Third, SIMPLE develops long-term capacity at the local level at affordable costs because

it provides tools and instruments adjusted to locally available knowledge and capabilities.

With this, SIMPLE stands on two pillars: ridge-to-reef planning as well as management and implementation.

SIMPLE requires the participation of the Provincial Government along with its component municipalities

and cities. The five phases of SIMPLE build on a three-level intervention by the province, municipalities,

and cities and barangays. The overall costs for the Provincial Government to build a pool of trainers and

acquire needed equipment are estimated at PhP2 million. Each municipality needs an investment of about

PhP2 million.

Of the 56 municipalities and cities currently implementing SIMPLE, three have approved their land use

plans. 24 municipalities and cities have formulated their draft CLUP and Zoning Ordinance and are

conducting a public review of those documents. The remaining partners are expected to finalise their plans

in 2013. A total of 332 out of 910 supported barangays are implementing their barangay development plans,

with 48,400 households benefitting in Leyte Island alone. The use of Geographic Information Systems

(GIS) has greatly improved the data basis and led to a correction of boundary measurements in almost all

supported areas. Climate change adaptation and risk reduction measures are likewise integrated into the

plans. For the first time, local governments can now implement a ridge-to-reef zoning ordinance, link plans

with budgets and expenditures, and manage their entire land area based on a sound planning document.

It is an integrated ecosystem planning and management approach that enables municipalities and cities

to manage or co-manage their entire territory from ridge-to-reef, be it public lands, private lands or

ancestral domains.

It empowers the local communities because it builds on a participatory land use and development

planning process starting at the barangay level.

It develops long-term capacity at the local level at affordable costs because it provides long-term

capacity building along with tools adjusted to locally available knowledge and capabilities.

It links investment plans with budgets and expenditures, and monitors the compliance with the zoning

ordinance.

It helps reduce impacts from disasters and climate change by providing tools and instruments for local

governments to cope with such risks.



SIMPLE supports multiple policies within the umbrella of environment and natural resources sector.

Priorities outlined in the implementation of national action plans on forests and watersheds, coastal and

marine resources, climate change and disaster risk management are mentioned below. The main key policy

supported is The Philippine Development Plan (2011-2016), where the Integrated Ecosystem-based

Management is adopted as a major strategy. SIMPLE supports the National Convergence Initiative agencies

tasked to carry out this strategy to improve rural development.

3.2.2.1 Effective Environmental Governance

Encourage multi-stakeholder participation to manage their own natural resources

Tenurial security both in the upland and coastal areas by encouraging Co-Management agreements with

DENR

Improving database and digitization of spatial information

3.2.2.2 Institutional Strengthening and Capability Building

Providing assistance to local governments to develop and implement local environment and natural

resources management plans

Integration of disaster risk reduction and climate change adaptation in local development plans in the

updating of Comprehensive Land Use Plans by municipal governments and enforcement of zoning

ordinances

3.2.2.3 Implementing Convergence Initiative

Build partnerships between and among the local communities, local governments and government

agencies to ensure that local development interventions are based on actual needs and aspirations of

the community

Achieve spatial integration within the different ecosystems and ensure environmental integrity and

sustainability

3.2.2.4 Environment and Natural Resource Financing

Ensure rightful share of environment and natural resources activities and priorities in local government

budgets

Enhance collection of taxes/revenues pertaining to environment

Utilise disposable public and government land assets and resources, balancing economic,

environmental and social development objectives.

3.2.2.5 Key Relevant Policies Supported by SIMPLE

3.2.2.5.1 Constitution, Article XII, Sec.6 (Adopted in 1987)

The use of property bears a social function, and all economic agents shall contribute to the common good.

Individuals and private groups, including corporations, cooperatives, and similar collective organizations,

shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to

promote distributive justice and to intervene when the common good so demands.

3.2.2.5.2 Sec. 20 (c), Local Government Code of 1991 (RA 7160)

The local government units shall, in conformity with existing laws, continue to prepare their respective

comprehensive land use plans enacted through zoning ordinances which shall be the primary and dominant

bases for the future use of land resources: Provided, that the requirements for food production, human

settlements, and industrial expansion shall be taken into consideration in the preparation of such plans.



3.2.2.5.3 The Philippine Development Plan (2011-2016)

Improved conservation, protection and rehabilitation of natural resources. Integrated ecosystem-based

management will continue to be adopted as a major strategy for sustainable natural resource management

3.2.2.5.4 The Climate Change Act (2009)

Ensure and strengthen adaptation of the country's natural ecosystems and human communities to climate

change

3.2.2.5.5 National Framework Strategy on Climate Change (2010)

Adopted by the Climate Change Commission and is the country's roadmap towards climate change

resiliency. It is to be implemented at the local level with the local government unit as the frontline agency

in the formulation, planning and implementation of its climate change action plan. Building an economically

stable and ecologically sustainable town, also known as Ecotown, is a key approach.

3.2.2.5.6 Republic Act 10121 (Philippine DRM Act of 2010) and the National Disaster Risk Reduction and

Management Framework (NDRRMF)

Mainstreaming disaster risk reduction and climate change adaptation in planning and implementation

3.2.2.5.7 Joint Memorandum Circular 2009 for the Harmonization and the Comprehensive Land Use Plan and the

Comprehensive Development Plan

Provide description of how the Comprehensive Land Use Plan and Comprehensive Development Plan can

be formulated jointly and more efficiently

3.2.2.5.8 Joint Memorandum Circular (JMC No. 001, Series of 2007) on Harmonization of Local Planning,

Investment Programming, Revenue Administration, Budgeting and Expenditure Management

To harmonise all local governments' relevant schedules and requirements for planning, investment

programming, budgeting as well as revenue and expenditure management

3.2.2.5.9 Joint Memorandum Circular (JMC) No. 1, Series of 1999) and succeeding related policies

Establishes the Convergence Initiative towards rural sustainable development of the three rural

development agencies DA, DAR and the DENR

3.2.2.6 National Guidelines Supported and Implemented by SIMPLE

Guidelines on Provincial and Local Planning and Expenditure Management (PLPEM), 2007

Comprehensive Land Use Plan Guide Book: A Guide to Comprehensive Land Use Plan Preparation

Budget Operations Manual for Local Government Units (2008 Edition)

Rationalised Local Planning System, A Source Book, 1st Edition 2008 and Comprehensive

Development Plan, 1rt Edition 2008

The Statement of Receipts and Expenditures Manual For Local Government Units (2008)

Guidelines on Forest Land Use Planning (FLUP)

SIMPLE draws on the Rationalised Planning System promoted by the Department of the Interior and

Local Government (DILG). The Rationalised Planning System is currently implemented following the

passage of the Joint Memorandum Circular (JMC) No. I, Series of 2007 signed by the National Economic

and Development Authority (NEDA), Department of the Interior and Local Government (DILG),



Department of Finance (DoF) and the Department of Budget and Management (DBM) with the Housing

and Land Use Regulatory Board (HLURB) as an extended member.

SIMPLE in itself is not a policy guideline. It is rather a collection of processes, management tools and

methods that aims to implement existing guidelines and policies more efficiently to capacitate the local

governments nationwide.

This is considered as the latest and possibly last attempt to put order to present chaos that characterises

local planning in the Philippines. The chaotic condition owes in part to the persistence of pre-devolution

practices and also failure to implement to their full implications, the Local Government Code provisions

on local planning. To rationalise local planning system therefore starts with intention to faithfully comply

with the applicable provisions of the Local Government Code.

Another dimension of rationalization is to reduce the number of plans that Local Government Units must

prepare to two comprehensive plans (CLUP and CDP) that are mandated in the Code. This implies that

national government agencies requiring certain sectoral or topical plans of LGUs to prepare must integrate

these requirements into CLUP or CDP, as the case may be, and allow local planning structure and processes

to respond to these requirements.

Corollary to above dimension is the need for NGAs that are directly involved in local planning to harmonise

or dovetail their planning guidelines with one another to avoid further confusing the LGUs.

Yet another area of rationalization touches on reconfiguring the planning process from its traditional

technocratic form into one that accommodates imperatives of multi-stakeholder participation and

consultation. This entails "taming" the planning process so that even those who are not technically trained

can participate meaningfully in determining public policies and actions that affect their lives.

All local planning guidelines used in Philippines begin and end with planning process. This is consistent

with the long-held notion about planning as a highly technical activity reserved only for those who are

"technically qualified". Hence, politicians and decision makers who feel they are not technically competent

tend to shy away from planning. Consequently, plans were hardly implemented at all.

For planning to become an integral part of local governance, it must not be too preoccupied with how to

produce the plan documents alone. Of equal importance are considerations about why LGUs ought to

plan, who should be involved in planning, and how LGU plans are implemented. Planning therefore must

be viewed holistically as a system consisting of at least four components: the planning structure, the

mandated plans, the planning process, and the LGU's authority levers which it can use to carry out its plans.

Above all, local planning must be understood as primarily the responsibility of the local government. The

local planning system therefore must be established on the foundation of the nature and function of local

governments.

The planning function of local governments is embedded in the dual status of local government units

(LGU) as a political unit and as a corporate body.

As a body politic the LGU is a political subdivision of the national government. It is endowed with powers

to manage its territorial jurisdiction for and on behalf of the national government. Being a subdivision of

the national State, moreover, local governments are envisioned to become effective partners of the national



government in the attainment of national goals. To carry out this mandate, LGUs exercise their inherent

powers such as police power, as well as share with the national government the responsibility in the

management and maintenance of ecological balance in their respective territorial jurisdiction (RA 7160,

Sections 2a, 15, and3i).

As a body corporate the LGU represents its residents, the inhabitants within its territory. It is likewise

endowed with powers and resources necessary for its efficient and effective governance and to deliver basic

services and facilities to enable its inhabitants to develop fully into self-reliant communities. Being a

corporate body, every LGU is mandated to promote the general welfare among the inhabitants within its

territorial jurisdiction (RA 7160, Sections 2a, 15, 16 and 17).

Upon this dual personality and role of LGUs the local planning system is established. The components of

the local planning system include:

The organizational structure for planning and its functions

The plan or plans that the planning structure is mandated to produce

The processes that the planning structure will follow to produce the desired plan outputs

The authority levers or tools with which the LGU implements its plans and programs

Many local legislators believe that planning is exclusively a function of the executive. IN reality, planning is

both proactive policy making and reactive problem solving. The first character of planning makes it

essentially a political act while the second is the more popularly known character of planning, that of

management and hence, an executive function. Correspondingly, the local planning structure has two

components: political and technical.

The plan outputs that the local planning structure is mandated to produce are of two types: the

comprehensive land use plan and the comprehensive development plan.

CLUP is the plan for management of local territories. Planning as management of local territories is a

function of the LGU pursuant to its status as a political unit. Hence, the body principally responsible for

CLUP is equivalent to the highest policy-making body, the legislative council or Sanggunian. Hence,

adoption of CLUP and its enactment into a zoning ordinance are planning functions exercised exclusively

by the Sanggunian (RA 7160, Section 20c, 447, 458, 468). This devolved function is being exercised by the

Sanggunian on behalf of the national State which is directed by the Constitution to "...regulate the

ownership, acquisition, use and disposition of property..." (Art. XIII, Sec. 1). State regulation of land use

also implies that there must be vertically integrated physical framework plans from the national down to

the municipal level. CLUP therefore must be consistent with its higher counterparts, the PPFP, the RPFP

and the NFPP, at the provincial, regional and national levels respectively. Conversely, the LGU territory is

the stage upon which national policies and programs converge and find application on the ground.

Therefore, national government agencies (NGA) are required to coordinate or consult with LGUs before

undertaking their projects (RA 7160, Sections 26 and 27) within the local territorial jurisdiction.

In some cases, National Government Agenciesthat have functional responsibility over certain portions of

LGU territory tend to exercise exclusive territorial powers over these areas as well. This practice effectively

prevents the LGU from exercising its powers over those particular portions of its territory. And yet these

"enclaves" are still considered part of the LGU's territorial jurisdiction. For one, inhabitants of such areas

are regarded as residents and voters of the particular LGU. Moreover, such NGA held areas are included

in determining LGU's total land area as a basis for allocating its share in the internal revenue allotment



(IRA). Consistent with their status as partners in national development, LGUs shall now share responsibility

for managing environment and natural resources within their territorial jurisdiction (RA 7160, Sec. 3i).

CLUP is the long-term guide for physical development of local area, framework for management and co-

management of local territory. At city and municipal levels, CLUP serves more than a framework plan. It

is at this level, CLUP is enacted into a zoning ordinance (RA 7160, Sec. 20c) and hence becomes a statutory

plan whose provisions are not merely indicative but are legally enforceable.

CDP is the plan with which LGU promotes general welfare of its inhabitants in its capacity as a corporate

body. Responsibility for CDP is given to the LDC (RA 7160, Sec. 106 and 109). It must cover all

development sectors to be comprehensive. (See Chapter 2 below.) Its time frame may be multi-year but a

short-term slice must be taken off which is coterminous with the term of elective local officials so that it

can serve as an input to their executive legislative agenda (ELA).

CDP consolidates the programs and projects necessary to carry out objectives of different development

sectors. Some of these programs and projects are incorporated in local development investment program

(LDIP) and are implemented through annual investment program (AIP) and annual budget. Other

programs may be picked up by the national government and still others by the private sector for

implementation.

CDP, moreover, is the plan that a LGU prepares in its capacity as a corporate body. By their involvement

in the CDP process, the inhabitants seek to exercise autonomy as self-reliant communities. Therefore there

should be no more need for higher authorities to review or approve the CDP. National agencies with

sectoral responsibilities should not impose their requirements on LGUs as though the latter were their

subordinates or clients. There should be an end to the prevailing attitude of NGAs which has been

developed from decades of dependency relationships wherein LGUs were on the receiving end of national

government's generosity or lack of it. Only by enabling them to become self-reliant will LGUs become

effective partners in national development.

Lesotho embarked on a process of decentralization founded on the Local Government Act, 1997 and its

initial roll-out was initiated in 2005 with elections of 128 local government councils. Among the key

responsibilities devolved to local government councils was that of land allocation.

When Local Government Councils were introduced in 2005, Government of Lesotho was immediately

faced with a serious uncontrolled occupation of agriculture land by settlements. The situation was such that

there was on-going conflict between human settlements interests and that of agriculture thereby negatively

affecting food production and contributing to both food insecurity and exponential increase in poverty

levels.

In 2007, Government of Lesotho held a series of land fora in three regions of the country; Botha Bothe

for northern districts, Maseru for central districts and Gacha's Nek for southern districts. In these fora a

clear message from the grassroots was that there should be a national land use plan if the catastrophe facing

the nation was to be averted.



During the post-independence era various administrations in Lesotho have tried to deal with land use and

settlement issues starting with an attempt to get people to register their claim on land through the 1967

Deeds Registration Act. Other attempts followed yet no improvement was achieved. Most recent attempts

include 2007 land forums, 2010 Land Act, and establishment of the Land Administration Authority in 2010.

Historically land had been allocated by chiefs. Post 1979 chiefs' power to allocate land was restrained by

introduction of Village Development Committees (VDC) without whose participation chiefs could no

longer legally allocate land yet they remained chairpersons of such structures. This reform measure created

a lot of tension and at times outright animosity between some chiefs and VDCs. In early 2000, the military

government tried to reform the village land allocation structures by introduction of Interim Community

Councils (ICC). This time chiefs were no longer automatic chairpersons of land allocation structures.

Tension between chiefs and councils was elevated to a higher level and in many cases many chiefs continued

to allocate land on their own often extracting payment (bribe) for such allocations in open violation of the

legal code.

Transgressors were hardly ever brought before the law for retribution and this encourage rogue chiefs to

continue to defy legal structures of land allocation. On the other hand there is documented evidence that

many citizens were also passing on land as perpetual inheritance to their sons without regard to chiefs'

approval. It is also worth noting that land reforms coded in the Land (Procedure) Act, 1967 and the Deeds

Registration Act, 1967 upheld the principle of use rights and non-transferability of land, which underpins

customary law. Further reforms through the Land Act, 1979 introduced three methods of tenure; leasehold,

use-rights and licence allocations. Of these the leasehold was a significant departure from the past in that it

established exclusive possession. The use-rights under this mode could be sold, sublet or mortgaged. Not

only were the chiefs and citizens clearly not observing the governing instruments the central government

had its share as well.

In 2005 when Community Councils came into operation following enabling legislation, Local Government

Act, 1997 which then had been having legal force for eight years, chiefs largely perceived these councils as

fresh assault on their positions and powers. Various views have been offered in explanation of the tenuous

situation of land in Lesotho. The Land Policy

In 2009 the Land Bill which turned into the latest legislative instrument, the Land Act, 2010 underwent

parliamentary debate and was subsequently passed by both houses of parliament.

When LUSP was introduced land use and settlement situation faced three very intractable challenges;

central government abuse of SDA clauses, chiefs' continued side-lining of legal provisions of land allocation

in especially peri-urban areas and citizens illegally engaging in sub-division and sale of plots of land without

seeking proper authorisation.

Contributing to the heightened tension the Ministry of Local Government excluded chieftainship in its

ministerial nomenclature thereby fuelling already existing insecurities among chiefs that they are soon to be

replaced by councils. The end result was a rush for some chiefs to allocate land outside the law back-dating

documents (Form C) to before 1979 and this is the chaos that drove the government to run a campaign

against encroachment of fields intended for food production.

Given the above scenario LUSP process was seen as bringing in hope and optimism in that councils could

have a working tool in implementation of their mandate on land allocation.



The Technical Manual for Land Use and Settlement Planning Process explains that Government of Lesotho

through Ministry of Local Government and Chieftainship (MoLGC) supports various levels of local

government in their mandate in land allocation and land management. This is intended to enhance orderly

growth and development of human settlement, reduce and ultimately eliminate unauthorised, unplanned

and haphazard settlement development and resultant encroachments on limited agricultural lands of

Lesotho, as well as destruction of wetlands, watersheds, waterways and other sensitive ecosystems.

The LUSP technical manual notes that the specific objectives of the LUSP program were to address:

Land allocation and management

Enhance the orderly development and growth of human settlements;

Promote harmony among various uses of land to enhance productivity and facilitate access to basic

services

Prevent/stop the destruction of wetlands, arable land, watersheds and other sensitive ecosystems.

3.4.2.1 Achievements of LUSP Process

Production of settlement layouts: 26 layouts in 2009 and 100 layouts in 2010

Massive capacity building initiative on each level that developed the capacity of APPs recruited since

2007, councillors of the first and current second generation councils and communities.

Awareness of complexity of land use planning in Lesotho

Stocking of APPs offices, currently still housed at DC offices, with high tech equipment that would

not have been available had there not been a focused program on land use planning - workstations,

plotters, computer software, etc.

Demonstration effect: Since 2005 when councils first took office at community level the common

assessment has always been that councils lack capacity to manage the land allocation mandate. LUSP

has illustrated that with the right tools, support, and capacity development councils are the best weapon

to turn the tide of land apathy around.

LUSP injected the optimism in land management

Creation of a national geo-database including information, layouts and other relevant products of the

LUSP projects. The geo-database serves as common data storage and management framework for

LUSP. All final and approved maps and plans produced by APPs in the district are now collected and

stored in geo-database at national level. As an achievement of LUSP process the database was handed

over to Ministry of Local Government and Chieftainship

Production of up-to-date training manuals on topics such as surveying, GIS, Planning Project Cycle

Management and other standards as well as documents for councillors

Professionalization of classification system and adaption of LUSP steps to existing structures in

Lesotho. A classification system for various land uses has been developed including different levels of

detail and levels of authority. The system is made for requirements of Lesotho.

Summary and overview of legal texts and regulations relevant for LUSP (distributed to planners. Land

transactions in Lesotho have been happening at fringes of legality and were overlooked as if such

transactions did not exist. LUSP process has already demonstrated that objectives of planned land use

and planned settlements is unlikely to be achieved unless some open transactions regarding land

including sale and purchase thereof are allowed and facilitated.

Formulation of a Land Use Policy with objectives to promote provisions of the National Vision 2020.

o Ensure sustainable use of all land in Lesotho

o Use land productively



o Establish an efficient national framework

o Achieve efficient and equitable settlements

o Ensure good governance of land use

o Institutionalise public awareness, participation and compliance

o Establish a platform for efficient implementation of the policy itself

Land management mandate of councils is not just a mechanical process. It requires sharp political

acumen, persuasion and lobbying skills to explain concepts to communities so that grassroots

understand. Among the most important ingredients is political will, getting right the institutional

arrangements and communications.

LUSP process because of its participatory nature meant that in order to harness the diversity of skills

and competencies required functioning teams. Teams were, indeed, set up but without clear structure,

functions, responsibilities and operational guidelines.

A process like LUSP that requires team work because of its participatory nature and in order to harness

diversity of skills, competencies and expertise to work for agreed goals also requires significant and

focuses investments in building of teams and in communication channels between the teams. LUSP

evidently required at least three major teams at central, district and community levels with clarity on

communication channels among and between the teams. Failure to clearly visualise these two factors

contributed to the creation of challenges faced by LUSP.

LUSP process is an intervention that depends on drive and initiative of its operatives especially the

APPs. In future there is need to instil a learning culture with the APPs and apart from just monitoring

drafting of settlement layouts there should be concerted monitoring of self-improvement.

A lesson emanating from LUSP process implementation is that there is need to strengthen institutional

arrangements both in relation to programme and personnel there should be a clear chain of supervision,

control, support and performance monitoring and evaluation.

For planning residential settlements, councils need to incorporate in their plan various public open

spaces. Under current situation councils are unable to plan these unless they buy patches of land in

residential areas.

LUSP process has shown that in Lesotho even when tools and guidelines are developed it does not

follow that they will be used. Technical Team had developed very comprehensive guidelines for the

LUSP process stakeholders but at the time of interviews for this report most of them had forgotten

what ideally their roles should be. This includes some CCs, and DCSs who it could be expected would

use the guidelines as referral most of the time.

Sri Lanka has fairly well established land use planning and regulating institutions. Increasingly they also

have access to more sophisticated technical facilities. However, this does not always appear to have eased

problems caused by complex and conflicting land use demands. Two main factors have influenced land use

planning in Sri Lanka:

Existence of two distinct agro-ecological zones: the wet zone and the dry zone

Development of two different agro-economic systems:

o plantation sector based on export crops of coconut, rubber and tea

o traditional village subsistence system based on irrigated rice



During the colonial administration plantation sector attracted heavy investment and government subsidies,

and a well-developed infrastructure geared to needs of plantation industry was built up. Government

support included specific legislation and procedures to benefit this sector e.g. to facilitate acquisition of

lands and transformation of largely forested tracts of land into plantations. All this was in marked contrast

to lack of government support for subsistence economy of the rural villages.

The Crown Lands Ordinance (1840) and Waste Lands Ordinance (1897) created the legal base for setting

up large export crop holdings. These laws restricted traditional land distribution and village expansion

patterns. As population density increased in 20th century this caused considerable problems.

Prior to 1930s there was a period of rapid and largely uncontrolled expansion of tea cultivation into steep

mountain sites. Then colonial administration became concerned with the ecological as well as economic

risks of improper land use. These issues were addressed for first time in 1935 by the Land Use Development

Ordinance. This included provisions to protect critical watershed areas in crown reservation lands and to

regulate the use of public water sources such as streams and lakes. However, its greatest achievement was

in mapping out all public lands and thereby establishing a legal as well as a technical base for better use of

public lands. Physical land properties and land suitability were recorded, and parts of the public domain

were released to private land users like landless villagers.

After independence there was an increased demand to regulate and plan the use of the land. This was the

result of:

Need to diversify land use on uneconomic estate lands

Land reform and other land alienation schemes aimed at providing landless farmers with land

Huge Mahaweli irrigation and hydropower scheme and the need to propagate and enforce land

conservation practices within the upper Mahaweli catchment zone

Need to protect near shore and coastal zone along the south-west coast

Regulation of land use in urban areas and flood-prone zones along major rivers

The foundation of improved land use planning lies in establishing a base of professional land use planners

supported by appropriate technical facilities. However, it was also recognised that better inter-government

coordination and cooperation was a crucial factor in more effective planning.

In 1978, Government of Sri Lanka consolidated various land-related agencies and ministries to form a new

Ministry of Lands and Land Development. Subsequently a new Land Use Policy Planning Division was

established. In 1979, District Land Use Planning committees were formally established in all 24 districts of

Sri Lanka. Their mandate was to assess land use situation and to coordinate land use related programmes

of government agencies. These were based on indicative land use development plans.

Technical land use planning offices were set up in each district. These are staffed by a District Land Use

Planning Officer, two to three trained land use planners and a number of technical drafts personnel. District

land use plans have now been completed in most districts, and the District Land Use Planning Divisions

are currently working on individual Sub-District land use plans. Additionally, they are often called upon to

provide technical expertise to government projects and development activities.

Following challenges are faced with use of institutionalised land use planning techniques in Sri Lanka:

Massive encroachment of public lands despite numerous government laws and regulations designed to

protect critical watersheds

Apparent lack of political will to enforce existing regulations



Legal nature of plans drawn up by the District Land Use Planning Offices is often unclear. So the office

lacks legal means of enforcing recommendations with other government agencies

Numerous government agencies are involved in land resource management and land use planning

leading to overlapping functions and responsibilities, and unclear mandates

Sector agencies at regional and sub-regional level are fragmented and have little tradition of activity and

programme coordination. Land use planning officers have experienced difficulties in getting their plans

recognised and taken into consideration by other agencies

General criteria used to determine land suitability fail to take into account regional peculiarities. In

densely populated mountainous areas this has resulted in unrealistic proposals. Land use has been

restricted on steep slopes regardless of population density and actual land demands.

Institutionalised land use plans have little influence on private land use development.

Success or failure in land use planning and coordination is largely determined at district and sub-district

levels. Official land use plans have to match the objectives and proposals of the DS division authority

medium term development plans. In addition they must be incorporated into the plans and activities of

numerous line agencies, non-government project activities and finally those of private land users.

Well-researched analyses and technically perfect plans are useless if land use planners fail to convince both

public administration and private land users of validity and significance of their findings and

recommendations. This can only be achieved through active participation of all of concerned land use

parties in the planning process itself. Participatory planning process is frequently used in foreign funded

rural development and natural resource management projects.

First pilot land use planning activities in Lao PDR started in 1989. Land use planning at village level was

identified as a tool to improve protection and management of natural resources, clarify boundaries between

villages and differentiate agricultural production and forest use areas from those areas in need of protection

and conservation. Furthermore, land use planning was seen as a precondition and a step leading to land

allocation of residential areas and agricultural plots and would become a part of the poverty alleviation

efforts conducted by the Lao Government.

In 1993, the Lao Government created a National Land Use Planning and Land Allocation (LUP/LA)

Programme. It was mainly the Lao-Swedish Forestry Programme (LSFP) with its Sub-Component on

"Participatory Village Development and Sustainable Land Use", which assisted the Lao Government to

develop and institutionalise LUP/LA approach and conducted extensive capacity building measures.

Various other donor-funded projects also supported the LUP/LA programme financially and technically.

Based on experiences gained in the LSFP target provinces, a national LUP/LA Manual was published in

1997 and revised in 2001. LSFP also produced numerous technical guidelines, working papers and

brochures further describing the proposed LUP/LA approach.

Administratively, Lao PDR is organised in 17 provinces and 1 municipality, districts and approximately

10500 villages. National funds were made available to provincial authorities in support of LUP/LA

programme. Provincial and District LUP/LA Steering Committees under the chairmanship of the Vice-

Governor supervised the training activities, selected priority areas and coordinated implementation. While

the Provincial and District Agriculture and Forestry Offices (PAFO and DAFO) were responsible for the

overall organisation of LUP/LA activities, it was mainly forestry staff, which took a leading role in



implementation of the programme. In numerous cases, and due to lack of staff at DAFO, other institutions

such as Office of Finance, Army and sometimes Police were requested to second additional staff to

LUP/LA teams.

In most districts, the teams conduct LUP/LA activities quite systematically village by village depending on

financial resources made available. Usually activities start in more accessible villages and are implemented

during a period of 3 to 5 working days by a team of 4-6 people. Generally, LUP/LA is seen as a onetime

exercise, with very ambitious targets which have to be fulfilled. At the end of these intensive periods of

land use planning, which saw a varying degree of participation by local population, follows land allocation

and issuing of Temporary Land Use Certificates (TLUC) to households.

The LUP/LA programme is used by Lao Government as a tool to enforce policy issues, such as eradication

or stabilisation of shifting cultivation, elimination of poppy cultivation and relocation of settlements or

village consolidation. Other objectives are promotion of decentralised and community based management

of natural resources, increase of investment in land and general improvement of living conditions.

Since 1999, Lao PDR receives technical and financial assistance from Viet Nam in development of macro

land use plans for a number of provinces and districts. These master plans focus on development

opportunities in irrigation, agriculture and road infrastructure in floodplain provinces of Central and

Southern Lao PDR. Furthermore, Ministry of Agriculture and Forestry has experience in drafting small and

medium-scale watershed management plans.

3.6.1.1 Legal Framework/Policies

The following legal documents govern the implementation of the LUP/LA programme in Lao PDR:

The Land Law (1997)

The Decree No. 236 on the Implementation of the Land Law (1999)

The Forest Law (1996)

The Decree No. 169/PM on the Management and Use of Forests (1993)

The Decree No. 186/PM on Forest Land Allocation (1994)

Directive No. 822/MAF on Land and Forest Allocation for Management and Use (1996)

The Decree No. 1507PM on Land Taxation

Legal Document Date of Approval Relevance for LUP/LA and Main Contents

Constitution of Lao PDR 1991 Sets the overall frame

Land Law 1997 Land is under the ownership of the national community and managed

by the State

Lao citizens can lease land for 30 years

Allocation: up to 1 ha paddy, 3 ha commercial crop area, 3 ha orchards,

15 ha grazing land per labour force in a family, up to 3 ha of degraded

forest land

Issuing of Temporary Land Use Certificates (TLUC) and Use Contracts

to individuals and organisations for 3 years by District Authorities

TLUC can be inherited, but not transferred, shared, pledged as

collateral or for lease

Villagers have to pay land tax

After 3 years possibility to apply for a permanent Land Title (PLT);

PLT secures long-term rights to use, transfer, inheritance, usufruct and

can be leased or pledged as collateral

Decree 236 on 1999 Explains how the articles in the Land Law are to be put in




Implementation of

the Land Law

practice

Forest Law 1996 Introduces the standard forest classification

MAF is responsible for surveying and zoning of forests and forest land

Decree 169/PM 1993 Provides basic rules on the management and use of forests

Decree 186/PM 1994 Allocation of land and forest land for tree plantation and forest

protection

Decree 1507PM 2000 Regulations on land tax collection

MAF Instruction

No.822

1996 Land and forest allocation for management and use

Officially introduces the LUP/LA approach

Main Policy and Strategy Documents:

National Poverty Eradication Programme (NPEP) (2003)

Interim Poverty Reduction Strategy Paper (2001)

The Decentralisation Policy (2000)

The Focal Site Strategy (1994/5, further elaborated in 1998)

National Socio-Economic Development Plan 2001-2005

Strategic Vision for Agricultural Sector Development to the year 2020 (1999)

Strategic Vision for Integrated Watershed Management 2002

National Forestry Strategy 2020 (under elaboration)

3.6.1.2 Major Institutions Involved

In Lao PDR, Ministry of Agriculture and Forestry (MAF) is the lead agency in land use planning and land

allocation. In particular new Extension Center for Reduction of Shifting Cultivation under NAFES

(formerly the Shifting Cultivation Stabilization Programme), parts of NAFRI and Forest Inventory and

Planning Department (FIPD) deal with LUP/LA at the national level.

The Lao Government has recently created a National Committee on Land Policy to review and strengthen

land management sector. This committee currently evaluates options of creating one central new

department or national office dealing exclusively with cadastral issues and all aspects of land management

including land use planning for urban and rural areas. This department would combine parts of mandate of

current Department of Lands under Ministry of Finance with those of Department of National Land Use

Planning and Development (DoNLUPAD) under the Prime Minister's Office. DoNLUPAD has recently

also established Offices of Land Use Planning and Development at provincial level under the Provincial

Governor.

Institutions involved in LUP/LA in Lao PDR

Institution Mandate/responsibilities with relevance to LUP/LA

Ministry of Agriculture and Forestry (MAF) Province: PAFO

District: DAFO

Responsible for land use planning and land allocation in rural

areas Prepares TLUC for signing by the District Authorities

Ministry of Finance, Department of Lands Province: Office of

Lands under Finance District: Office of Lands

Issues permanent Land Titles Collects land and property tax



Department of National Land Use Planning and Development

under the Prime Minister's Office

Review of land policy and legal framework

Review of Land Law; e.g. land sales could be allowed in future

District Land Allocation Committees (Vice District Governor, DAFO, Finance) and Provincial Land

Allocation Committees (Vice Governor, PAFO, Forestry, Finance) had been created to supervise the

LUP/LA activities, but are now mostly dormant.

Participatory LUP was initiated in Thailand by the Sam Mun Highland Development Project (funded by

UNDCP and GTZ) in the late 1980s. Implementation of land use planning activities is hindered by the fact

that there is no systematic or standardised LUP approach nor are there official regulations or laws to

support LUP.

The focus of land use planning application has been in protected areas. LUP is used to stabilise or reduce

forest encroachment in national parks, wildlife sanctuaries and protected upper watersheds. During the

applied procedures an attempt is made to identify whether local land users occupied the land before

gazetting of the protected area or moved to the area afterwards. A zonation exercise tries to distinguish the

core protected areas from community land and agricultural use zones. Finally, it is intended to allocate

residential and agricultural land areas to families living in the protected areas in accordance with provisions

of the law. One of the biggest challenges is to limit land speculation and exclude major land development

projects within boundaries of the protected areas. Numerous Government institutions conduct land

zonation and land allocation activities side by side. Sometimes there are overlaps and institutional rivalries.

In some cases, LUP follows watershed boundaries, in others administrative boundaries. The Land

Development Department {LDD) has for many years followed a more technocratic approach to land use

planning, based on soil maps, land suitability assessments and soil conservation aspects. Numerous land

use maps at various scales have been produced by mapping centres of LDD, but actual implementation

based on these plans has been disappointing. The Royal Forestry Department (RFD) also has substantial

experience with LUP approaches, mainly within framework of donor-funded projects. Yet, LUP activities

conducted by RFD at the local level often face fierce opposition by local NGO and lack people's

participation.

In past, no direct links existed between LUP activities and land allocation to households. Numerous

institutions share mandate to issue various types of land use certificates and land titles. Thai Government

undertook a review of various kinds of land certificates and titles in view of standardising documents, and

simplified institutional responsibilities and providing all land users and owners with opportunity to use their

papers as loan collaterals.

Generally speaking, most mapping activities related to LUP make use of existing GIS facilities and are

performed to a high technical standard. In past, sophisticated Provincial Master Plans have been elaborated,

but are now discontinued as their implementation was lacking. Administratively, Thailand is divided into

76 provinces, districts and Tambons (sub-districts).

Thai Government has regulated issues of land and forest management more by passing cabinet resolutions

than by new laws or bills. One of the most important Cabinet Resolution passed in June 1998 concerned

surveying and land verification within protected areas in order to resolve long-standing problems of people



living in those areas. This verification has now started in several national parks and other protected areas

and is assisted by the use of Landsat images and aerial photos.

The most relevant Thai legal documents with regard to land and forest management are:

Land Code (= basic land law) (1954)

Land Allocation Act (1978)

Land Development Act (1983)

Land Reform Act (1992)

Forest Act (1941, amended 1948, 1982 and 1989)

National Forest Reserve Act (1982)

First National Forestry Policy (1985)

Act on Tambon Administration (1994, reviewed 1999)

Thai Constitution (1997)


Land Code 1954 Distinguishes between private and state property Describes the land allocation

by the Department of Lands (4 forms of land documents)

Forest Act 1941 amended

1948, 1982 and

1989

Describes the national forest reserve and the tasks and responsibilities of the

forest administration

National Park Act 1961 Describes system of national parks

National Forest Reserve Act 1982 Defines the gazetting of the national forest reserve area

Land Allocation Act 1978 Empowers DPW and DCP to settle farmers on arable public land

Land Development Act 1983 Defines types of land classification

Agricultural Land Reform Act 1992 Defines the land reform system

Fixes maximum ceilings on land holdings at 50 rai per

family

Thai Constitution 1997 Local people and organisations should be involved in managing their natural

resources Gives strong role to the Tambon level

Act on Tambon Administration 1994 (revised

1999) Defines decentralisation to Sub-district (Tambon) level, including planning

and budgeting tasks

Cabinet Resolution on land

verification procedures in

Protected Areas

30 June 1998 Instructs relevant Government Institutions on how to investigate land

occupation by villagers and settlers in national parks, wildlife sanctuaries and

other protected areas

Cabinet Resolution on Critical

Watersheds 2003 Selection of 7 highly critical watersheds (one for each region) out of 25 main

basins

Main Policy and Strategy Documents:

National Economic and Social Development Plan (NESDP)

National Forest Policy (1985)

In Thailand there is no lead agency responsible for land use planning and there are up to 14 Government

agencies dealing with land allocation programmes. Overlaps of jurisdiction, administrative conflicts and

lack of coordination are therefore unavoidable. The Land Development Department (LDD) has substantial



experience in macro land use planning, but also promotes local land use planning e.g. within the framework

of Royal Projects and in cooperation with the Highland Agricultural Development Project. The Royal

Forestry Department and in particular the new Department of National Park, Wildlife and Plant

Conservation at the Ministry of Natural Resources and Environment support local LUP within protected

areas and also in connection with Royal Project Centres.

Institutions involved in LUP/LA in Thailand


Land Development Department/Ministry of

Agriculture and Cooperatives

Responsible for macro and local land use planning (outside the forest

reserves and protected areas) and in zones with less than 35 per cent slope

Soil surveys, Land suitability classification Soil conservation and

improvement

Department of National Park, Wildlife and

Plant Conservation/Ministry of NR and

Environment

Land Use Planning in Protected Areas In zones with more than 35 per cent

slope or upland areas

Royal Forestry Department/Ministry of NR

and Environment

Land Use Planning in the gazetted forest reserves (lowland areas) Land

allocation for settlers in the national forest reserve area

Agricultural Land Reform Office (ALRO) Responsible for land reform activities in LR areas (113 districts):

distribution of land purchased from absentee landowners or state land to

tenants, smallholders and landless families

Department of Public Welfare

(DPW)/Ministry of Interior

Allocates public land to farmers and poor families under self-help land

settlement projects (as part of the social welfare programme)

Department of Lands (DoL) Registers land holdings, issues land titles and land use certificates, conducts

cadastral surveys

Department of Cooperative Promotion

(DCP)

Land allocation of state land to landless people and tenants organised in

cooperatives

Office of Natural Resources and

Environmental Policy and Planning

(OREPP)

Policy development on natural resources and environmental management

In addition to these line agencies there are numerous commissions, committees and boards dealing with

land and NR issues, such as National Land Allocation Commission (supervises land allocation of state land,

but not national forest reserve), National Forest Policy Board (chair: RFD), Land Consolidation

Commission, Agricultural Land Reform Committee (under Ministry of Agriculture and Cooperatives), Land

Development Committee (in charge of land use and land classification), Land Sub-committee, Property

Valuation Committee and National Economic and Social Development Board.

At Tambon and village level, very diverse groups of local NGO play a crucial role in all land use planning

activities. Many of them have adopted a strong advocacy role in favour of local population and their

relationship e.g. with the RFD is marked by fierce opposition.

Tambon Administration Offices (TAO) are now advised by so-called "Local Technology Centers", which

include an agricultural officer in charge of extension. TAO is the executive agency for the elected Tambon

Council. The Tambon level develops its own budget, annual work plans and three-year development plan,

which are submitted for endorsement to the provincial level. In terms of natural resources management the



Tambon is supported by RFD staff and Watershed Management Units, NGO and sometimes the private

sector. TAO have been instructed by the Ministry of Interior to use about 20 per cent of their annual budget

for NRM activities, which could include some funding for land use planning activities.

The national land use planning framework in Vietnam is essentially top-down approach. In Vietnam land

use planning is prescribed by the Land Law. In line with these legal provisions all provinces have provincial

land use master plans, most districts have land use plans and in some cases these top-down plans have been

broken down to the commune level.

Since 1994/95, a methodology for participatory land use planning (PLUP) has been developed in a number

of area based projects. The PLUP approach focuses at commune level, but starts from the village and

sometimes even household level. Two slightly different procedures of PLUP and (forest) land allocation

have been widely tested and applied in projects and are sometimes referred to as the FAO methodology

and the SFDP methodology.

Based on positive experience of allocating agricultural land to individuals and households (de-

collectivisation of agriculture in 1990s), the Vietnamese Government has embarked on a similarly ambitious

programme of Forest Land Allocation (FLA) to individuals, households and organisations. Very often FLA

is carried out without a preceding PLUP exercise, which can lead to conflicts and complications.

Despite numerous laws, decrees and instructions from central level, actual implementation of LUP and

FLA varies quite substantially from one province to the other. Some Provincial People's Committees have

compiled separate guidelines on LUP/FLA. In general, implementation of LUP/FLA has been slow and is

mainly restricted by budget constraints and limited staff capacities. High priority was allocated to FLA in

virtually all policy and strategy papers. In areas where close links have been established between LUP/FLA

and major National Programmes, land allocation including issuance of land use certificates was accelerated

and improved.

Main objective of PLUP/FLA in Vietnam is to improve management and protection of land and natural

resources through a sense of ownership and responsibility. The Vietnamese Government follows the

principle that for all land areas, a clear ownership structure and responsibility needs to be defined and legally

acknowledged.

The most important legal documents pertaining to land use planning and land allocation in Viet Nam are:

Land Law (2003)

Decree No. 01/CP (1995)

Decree No. 64/CP (1993)

Decree No. 163/CP(1999)

Decision No. 245/1998

Decision No. 178/2001

In November 2003, a revised Land Law was passed by the National Assembly. The main changes of the

revised law compared to the Land Law of 1993 was that land can be allocated to entire communities and

religious organisations and state land ownership was further clarified. Land Law prescribes the general

procedures of land use planning, at provincial, district and commune level and stipulates that commune



land use plans must be detailed down to individual land plot level and that for detailed land use planning,

agencies involved need to gather comments of the local population.


Constitution 04/1992

previous: 1980

Land falls under the ownership of the entire population; the State allocates

land to organizations, households and individuals for long term and

sustainable use (land use rights)

Land Law 11/2003

(effective since

7/2004)

previous: 1993

with revisions in

1998 and 2001

Land use entities: organisations, households and individuals, and (for the

first time) communities 5 rights: exchange, transfer, lease, inherit and

mortgage Land use must follow zoning and detailed land use plans; land use

plans are elaborated from top to bottom, from the overview to the detail

Land use plans must always be investigated and approved by the next higher

administrative level Exempted from land use levies: households/individuals

involved in agriculture or forestry; communities using agricultural land

Decree No. 64/CP 09/1993 Agricultural Land Allocation

Decree No. 01/CP 01/1995 State enterprises have the right to contract land for which they have a LUC

to households, and other organisations for protection, regeneration and

plantation.

Decree No. 02/CP 01/1994 Forest Land Allocation to organizations, households and individuals (after

1998 and in view of revision of land law replaced by Decree No. 163)

Decree No. 163/CP

Implementation guidelines

contained in inter-ministerial

circular No. 62

11/1999

06/2000

Land allocation and forest land leasing to organizations, households and

individuals for long- term and sustainable forest purposes; change of

institutional responsibilities for forest land allocation from forest protection

agencies to land administration agencies to make arrangements for issuing

land use right certificates (Red Books)

Decision 245/1998 12/1998 Implementation of State management responsibilities on forest and forest

land at various levels

Decree No. 38/CP

Implementation guidelines

contained in circular No. 115

by the Ministry of Finance

23/08/2000

11/12/2000

Collection of land use fees

Decision 178/2001

Implementation guidelines are

provided in Circular No.

80/2003

11/2001

09/2003

Possibilities of the poor to use products and services of the forest to

improve their livelihoods (benefit sharing);

Benefits and obligations of households and individuals assigned leased or

contracted forest and forest land

Legal documents in Vietnam always try to keep up with socio-economic developments in the country;

therefore there are frequent amendments and changes. Main Policy and Strategy Documents:

National Forest Policy

Forestry Development Strategy 2001-2010

Five Million Hectares Reforestation Programme

Since 1999, and based on Decision 245 and Circular 62, the overall technical responsibility for land use

planning lies with Ministry of Natural Resources and Environment (MoNRE) and its subordinate structures

at provincial and district level. In mountainous areas with remaining forest cover, staff from Department

of Forest Protection (DFP) and forest staff at Department of Agriculture and Rural Development (DARD)

cooperate on implementation of LUP/FLA with the land administration and cadastral staff. This



cooperation has not always been smooth, especially as DFP was the sole responsible agency for forest

allocation previously.

For elaboration of all macro land use plans a Steering Committee, headed by Provincial People's Committee

(PPC) and with membership of all relevant line agencies, is created to coordinate the overall process.

LUP/FLA Steering Committees also exist at District level. In almost all cases of provincial and district

LUP, the PPC or DPC sign contracts with specialised institutions from Hanoi to support them in the

procedures of macro-level LUP. At commune level, Commune People's Committee is either supported in

LUP/LA by an implementation team (also referred to as a "working group") consisting of district cadastral

staff and forestry staff or they also sign contracts with specialised institutions. The commune cadastral

officer is in charge to overlook and follow up the LUP/LA procedures.

The specialised institutions involved in the technical support of the provinces, districts and sometimes the

communes in land use planning and land allocation activities are:

Forest Inventory and Planning Institute (FIPI) in Hanoi and the 6 sub-FIPIs in the regions; in

particular: Forest Resources and Environmental Center (FREC) in Hanoi

Several Departments of MoNRE, which have specialised teams to assist on LUP

National Institute for Agricultural Planning and Projection (NIAPP) and 2 sub-NIAPPs, which

supported approximately 30 provinces and many districts in their macro-level land use planning

National and Forestry Universities (e.g. Agricultural University I, Xuan Mai University), which mainly

support communes with training events and send teams of lecturers and post-graduate students to

participate in LUP/FLA exercises; some university faculties are also involved in the design of land use

planning approaches

Institutions involved in LUP/LA in Vietnam


Documents

specifying these

responsibilities

Provincial People's Committees (Province, District,

Commune)

Are responsible for the preparation of land use

plans, planning of 3 forest types (special use forest,

protection forest and production forest),

implementation arrangements for land allocation, land

leasing, issuance of land use right certificates; LUP

results always need to be approved by the next higher

level (e.g. province approves district LUP, district

approves commune LUP)

Circular No. 62,

Decree No.

163/CP

Ministry of Natural Resources and Environment

(MoNRE)

Province: Department of NRE (former Dept. of Land

Administration)

District: Cadastral Office

Commune: Cadastral Aqent

Responsible for the allocation and registration

of agricultural and forestry land; issuing of Red Books

Coordinates and supervises land use planning

activities at all levels

Decision

245/1998;

Decree No.

163/CP

Ministry of Agriculture and Rural Development

(MARD)

Department of Forestry (DoF)

Department of Forest Protection (DFP)

Province: DARD

Sub-department of Forest Development (S-DFD)

Sub-Department of Forest Protection (S-DFP)

Forest and agricultural land classification

Forest management

Agriculture and forest extension

Decree No.

64/CP

Decision

245/1998;

Decree No.

163/CP



Other main stakeholders in LUP/LA are: the State Forest Enterprises (SFE), State Farms, Forestry and

Agriculture Enterprises belonging to the People's Armed Forces, Forest Protection Boards, Special Use

Management Boards etc.

The importance for cross-sectoral and integrated land use planning in Namibia is increasingly recognised

by all stakeholders - at grass-root, regional, ministerial and governmental level - as more and more conflicts

regarding land use occur. This is partly due to the relatively uncoordinated expansion of different land uses

(commercial irrigation, mining, conservancies, etc.) as well as to overlapping future sector plans. However

there were no legal framework and guidelines for integrated regional land use planning and for sector

coordination.

The mandate of MLR is prescribed in the cabinet-approved strategic plan 2006-2010 which says: "As

custodian of the national land policy, MLR should primarily facilitate the effective allocation of land and

create conditions, through dialogue, policies and legislation, for optimal land use in agriculture, shelter,

conservancies, reserves and for the creation of strategic linkages and infrastructures that will enhance

Namibia's industrial, commercial, and tourism potential and add meaningful options for the social and

economic advancement and livelihood of Namibian citizens...”

In order to fulfil its statutory mandate, the MLR is currently increasing its efforts to initiate IRLUP

processes in Namibia. It is supported in this by the German and Spanish Technical Cooperation (GTZ and

CAECID). A first pilot project for participatory integrated regional land use planning was implemented in

Karas Region in 2009-2010.

The main aim of IRLUP is to identify all (spatial) development potentials and issues of importance (land

use potentials, conflicts, environmental problems and structural deficits) and address them in an integrative

way, by incorporating all national, regional, local and sectoral plans. The outcome is envisaged to be an

overarching harmonised regional land use plan with realistic action plans to improve land use and resource

management in the region. The process is envisaged to be development-oriented, participatory and based

on direct coordination as well as joint decision making with all stakeholders.

The new approach of IRLUP in Namibia has the main underlying principles:

Involvement of all sectors

Use of Geographical Information System (GI3)

Participatory decision-making

Immediate implementation

IRLUP is subject to a Strategic Environmental Assessment (SEA)

The present manual focuses on participatory decision-making process, which lays basis for immediate

implementation as well as the integration of data and other outputs derived from participatory methods

into the geographical planning database. It is intended to guide participatory facilitators in their role to

assure the participation of land user groups and other stakeholders in the process to best possible extent.

The participatory planning process also considers aspects of sector involvement.



3.9.1.1 Land Ownership Structures

In general, there are three different land ownership structures in Namibia: State land including urban and

mining areas and national parks amount to approximately 15 per cent of the total area, Communal land

amounting to approximately 41 per cent of the total area and Commercial (private) land amount to

approximately 44 per cent of the total area.

It is estimated that about 50 per cent of Namibia's population lives in communal areas where they do not

have individual land titles. However their customary land rights (to residential land and farming land) are

being registered in the ongoing process of Communal Land Registration according to the Communal Land

Reform Act of 2002. The customary land rights are being approved by Traditional Authorities and verified

and ratified by Communal Land Boards. The Communal Land Reform Act also foresees the possibility to

lease land in designated areas of communal areas for commercial purposes.

It is estimated that 79 per cent of Namibia's freehold farms are owned by previously advantaged Namibians

or foreigners. The average farm size is 5000 ha. Based on Commercial Land Reform Act of 1995, land has

been continuously re-distributed to previously disadvantaged Namibians through resettlement and

affirmative action loan schemes during the past years.

3.9.1.2 National Development Planning and National Planning Commission

Planning in Namibia is guided by eight objectives set out in government's Vision 2030. These contribute

towards making Namibia prosperous and industrialised, developed by her human resources, enjoying peace,

harmony and political stability. Five year National Development Plans - better known as NDPs - are the

main medium term planning tools to achieve these long term objectives.

The National Planning Commission (NPC) is charged with the responsibility for planning of national

priorities and directing the course of national development. NPC coordinates development planning at

national level, but leaves spatial issues regarding envisaged development interventions to line ministries.

Spatial planning and inter-ministerial coordination remains neglected by NPC.

The NPC operates essentially at a strategic planning level and uses a planning approach which is called an

integrated results-based management approach. At the basis of this approach is definition of key result areas

(KRA) for each long term objective identified in Vision 2030. For each KRA one or more NDP goals are

identified. And for each goal a set of performance indicators, baselines and targets are identified for

systematic performance monitoring. Line ministries and other support and implementing institutions are

responsible for development of subsector goals, targets and indicators. Through a process of local level

participation attempts are made to integrate local level priorities and needs into KRA. This approach relies

on line ministries to develop detailed sub-sector programmes and activities.

To some extent, development of sub-sector programmes is based on stepwise identification and

prioritisation of development needs through Village and Constituency Development Committees (VDCs

and CDCs). Regional Development Coordination Committees (RDCCs) prioritise the proposed

development projects and their regional planning staff fill in project identification formats which are

forwarded to the Ministry of Regional and Local Government, Housing and Rural Development

(MRLGHRD). MRLGHRD again prioritises the proposals received from all regions and submits the

project formats for funding approval to NPC and line ministries. These committees are hampered by

various shortcomings in terms of resources and skills for drawing up integrated development programmes.



Little coordination takes place among line ministries. The policy and legal frameworks of line ministries in

sectors that have a bearing on land use planning and management are not consistent with each other and

frequently contradict each other, albeit inadvertently.

3.9.1.3 Roles of Sectoral Departments

There is a lack of clear and harmonised planning procedures for land use planning signified by the absence

of any form of National Land Use Plan in Namibia. There are a few IRLUPs which lack focus on

development orientation or harmonising land uses through a participatory and inter-sectoral approach.

Different line ministries undertake their own sectoral planning with little inter-sectoral coordination. In

addition, mandates and responsibilities for spatial planning are still overlapping and sometimes even

contradict each other as will be discussed below. In some cases, existing legislation provides for local

communities to engage in the planning and management of the natural resources they use.

There are seven main line ministries that have a direct bearing on land and natural resources management

3.9.1.3.1 Ministry of Lands and Resettlement (MLR)

Ministry of Lands and Resettlement has the mandate to facilitate allocation of land, steer ongoing land

reform according to Commercial Land Reform Act and Communal Land Reform Act as well as to develop

"Integrated Regional Land Use Plans", which will define how land is utilised in the regions.

3.9.1.3.2 Ministry of Regional and Local Government, Housing and Rural Development (MRLGHRD) and

Regional Councils (RC)

MRLGHRD has the most comprehensive legal powers and institutional framework to undertake spatial

planning, hosting a dedicated division for urban and regional planning. It has the mandate to ensure

appropriate town planning and infrastructural development. Urban planning issues are governed by the

Town Planning Ordinance, 1954, the Townships and Division of Lands Ordinance, 1963, and the Local

Authorities Act, No. 23 of 1992. The objectives of these Acts as well as planning procedures arising from

their provisions are dealt with in more detail in the Manual on Town and Regional Planning Practice in

Namibia published by the Association for Local Authorities in Namibia in 1995.

Being the line ministry responsible for Regional Councils, the MRLGHRD has also supported Regional

Councils with development planning in their regions. In terms of section 28 of the Regional Councils Act

No 22 of 1992, Regional Councils have the legal power and mandate to undertake development planning

in their regions with a view to:

General land utilisation patterns

Physical, social and economic characteristics

Distribution, increase, movement and urbanisation of the population

Natural and other resources

Economic development potential

Existing and planned infrastructure

Sensitivity to the natural environment

Regional governors may initiate and formulate planning and development policies and may initiate the

making of regulations by the Regional Council. In recent years the staff establishment of Regional Councils

were reviewed and a Directorate of Planning and Development Services approved for all RCs. These consist

of three division viz. rural services, technical services and planning and development.



Although new, this structure enables Regional Councils to engage in regional planning, including land use

planning. However, regional development plans and town planning schemes are still subjected to approval

by MRLGHRD and regional land use plans fall under the mandate of MLR.

3.9.1.3.3 Ministry of Agriculture, Water and Forestry (MAWF)

Ministry of Agriculture, Water and Forestry's mandate is to promote, develop, manage and utilise

agriculture, water and forestry resources. Especially policies and legislation in water and forestry sectors

provide communities of natural resource users with varying degrees of participation in the management of

their resources.

Forestry Act of 2000 provides for the establishment of community forests. MAWF enters into an agreement

with a community to transfer rights and obligations with regard to the forest resources management in a

defined community forest area. In order to ensure sustainable management, a forest inventory has to be

carried out, which forms the basis for the development of a management plan. Subject to this management

plan, management authority of a community forest has wide powers to control the utilisation of forest

resources and other natural products in the area of the community forest, including grazing animals. The

management authority is often an integrated CBNRM committee, which is also in charge of conservancies.

"Resource use zonation planning" is hereby used as an instrument to define and control the use of forest

resources in different zones and to avoid land use conflicts, but it is not a legal instrument.

The Water Resources Management Act of 2004 also provides for a structure that will be responsible at

different levels for the development and implementation of water management plans. Coordination with

regional development plans is required by law, providing for contributions to land use planning. At the

apex of this structure is a Basin Management Committee which should be broadly representative of all

stakeholders in a basin. Amongst other things the Act requires that Basin Management Committees prepare

water management plans for their water management areas and to promote community participation in all

different aspects of water management. Although the Act is not in force yet and no regulations have been

promulgated, several basin management activities were already started.

At the local level the Water Resources Management Act provides Water Point User Associations to plan

and control the use of communal land in the immediate vicinity of a water point in cooperation with the

Communal Land Board and the traditional authority concerned' (Section 19). Although it is not clear how

the immediate vicinity of a water point is defined, a more significant ambiguity exists in the fact that current

land policy and legislation does not empower Land Boards to plan and control the use of communal land.

Regional Councils are the only structures at subnational level with legal powers to draw up development

plans in regions. However, the Communal Land Reform Act does provide traditional authorities with

powers to exercise control over the number of livestock in areas of their jurisdiction and to introduce

rotational grazing by prohibiting livestock from grazing in parts of their areas.

Another important policy falling under the jurisdiction of MAWF is the Green Scheme Policy aiming at

increasing food production capacities through irrigation on both commercial and communal land. The

newly revised Green Scheme Policy paper of December 2008 foresees five different farming models for

irrigation schemes: private development in communal areas, private development in commercial areas, state

development in communal areas, state development in commercial areas and commercial irrigation

development in communal areas. In communal areas, private investors or the State obtain land through the

Land Board and the Traditional Authority in terms of a leasehold agreement as planned in the new Land

Bill. The integration of small-scale irrigation farms is encouraged. Until present, few practical experiences

exist in the planning and application of these farming models which require proper participatory and

integrated planning.



3.9.1.3.4 Ministry of Environment and Tourism (MET)

Ministry of Environment and Tourism has the mandate to conserve natural environment in Namibia,

protect its biological diversity, expand, develop, manage and control the country's conservation areas and

manage its natural resources. The implementation of conservancies were the first approach of community-

based natural resources management in Namibia.

Conservancies provide local communities with specific rights to the consumptive and non-consumptive

use of game. Registered conservancies have to conduct game counts and develop a management plan to be

able to receive quotas for hunting of any kind. Zonation planning is done in order to avoid or at least

mitigate human-wildlife conflicts. Although the zonation plan of a conservancy is not a legal instrument

for land use planning as such, the Communal Land Board has to consider the conservancy management

plan when approving leaseholds within conservancies.

3.9.1.3.5 Ministry of Mines and Energy (MME)

Ministry of Mines and Energy promotes, facilitates and regulates responsible development and sustainable

utilisation of Namibia's mineral, geological and energy resources. Mineral resources below the surface are

State property. MME grants prospecting and exploitation rights in accordance to the Mineral Act of 1992.

Regulations regarding permissions for prospecting and mining as well as the compensation of private land

owners and/or traditional authorities with respect to the exploration or exploitation rights granted in their

areas are in place; in addition, the Environmental Management Act of 2007 provides a comprehensive legal

framework regarding required environmental assessment and impact studies as well as mitigation measures

for mining operations.

3.9.1.3.6 The Ministry of Fisheries and Marine Resources (MFMR)

Ministry of Fishery and Marine Resources is responsible for sustainably managing living aquatic resources

and to promote aquaculture sector. Several fish farm projects, partly community-based, exist in the country

or are envisaged. Those activities need to be considered and integrated in land use planning processes.

3.9.1.3.7 The Ministry of Works and Transport (MWT)/Road Authority

Ministry of Works and Transport plans and steers development of road and railway networks, both having

a spatial dimension. They develop national and regional transport sector plans which may have significant

impact on land use and thus need to be considered in land use planning.

Researchers believe, existing legislation and policies in Namibia pertaining to land and natural resources

management are not complementing each other and inter-sectoral coordination and planning is urgently

needed for to achieve development of harmonised land use and development plans. For MLR to be able

to carry out participatory and integrated regional land use planning and enforce such plans, legislation is

required that takes account of other policies and laws and harmonises them. That this can be done appears

to be demonstrated by the Environmental Management Act, No. 7 of 2007. Furthermore, MLR needs to

take over its role in coordinating and facilitating integrated planning on national and regional levels.

The institutional Mandates related to development and land use planning are indicated in the table below:

Institution Development Planning Land Use Planning

National Planning

Commission (NPC)

Coordinates development

planning at national level

Ministry of Lands

and

Mandate for Integrated Regional Land Use Planning, i.e. to "facilitate the

effective allocation of land and create conditions, through dialogue, policies




Resettlement (MLR) and legislation, for optimal land use in agriculture, shelter, conservancies,

reserves and for the creation of strategic linkages and infrastructures that will

enhance Namibia's industrial, commercial, and tourism potential and add

meaningful options for the social and economic advancement and livelihood

of Namibian citizens'...

Land administration, land reform

Promotion and development of small-scale commercial farms on communal

land

Ministry of Regional

and Local

Government,

Housing and Rural

Development

(MRLGHRD)

Support to Regional Councils

(RCs) and Local Authorities

(CDCs, VDCs) in

development planning

Urban planning Incl.

surroundings of settlement

areas {town lands, etc.)

Regional Councils

(RCs)

Responsible for development planning in their regions with a view to:

General land utilisation patterns.

Physical, social and economic characteristics,

Distribution, increase, movement and urbanisation of the population,

Natural and other resources,

Economic development potential,

Existing and planned infra-structure,

Sensitivity to the natural environment.

Ministry of

Agriculture. Water

and Forestry

(MAWF)

Sector development plans and

strategies (agriculture, water,

forestry)

Set-up of basin management committees and development of basin

management plans (Act not yet in force)

Promotion, development, approval of agricultural (irrigation) schemes

Proclamation and planning of State Forest areas

Establishment of community forests and development of forest management

plans

Set up and support to Water User Associations and Committees to manage

and maintain water points and "to plan and control the use of communal

land in the immediate vicinity of a water point"

Ministry of

Environment and

Tourism (MET)

Sector development plans,

strategies (conservation,

environment)

Proclamation, planning and management of protected areas

Regulation of wildlife and tourism outside protected areas

Establishment of and support to conservancies (communal areas) and to the

related development of zoning and management plans (no legal power to

enforce the zoning plans)

Ministry of Mines

and Energy (MME)

Ministry of Fishery

and Marine

Resources (MFMR)


strategies (energy, mining)


strategies (fisheries,

aquaculture)

(Granting of exploration and exploitation rights has a direct impact on land

use) (Planning and establishment of aquaculture projects has a direct impact

on land use)

Ministry of Works

and Transport


strategies (road and railway

planning)

(Planning and development of road and railway infrastructure has a direct

impact on land use)

Traditional

Authorities

Are members of VDCs and

CDCs

Land allocation by customary grants and endorsement of lease agreements

Need to be consulted by water user associations in drawing up plans for land

use and control in the vicinity of water points

Communal Land

board on regional

level

Controls the allocation and cancellation of customary land rights by

Traditional Authorities

Decides on the applications for the right of leaseholds in communal areas




Need to be consulted by water user associations in drawing up plans for land

use and control in the vicinity of water points

Land Use and

Environmental

boards (provided for

by National Land

Policy, but not

implemented)

Ensure that land use planning, land administration, land development and

environmental protection are promoted and coordinated on a national and

regional basis to guarantee environmental, social and economic stability

Sustainable

Development

Advisory Council

(planned under

Environmental Act)

Advice the Minister of Lands or any other organ of government on land use,

land use planning, land administration, land development and environmental

protection in order to promote and coordinate and ensure environmental,

social and economic sustainability....



The institutional Mandates related to different land use sectors are indicated in the table below:

Sector Central Government/line ministries Regional and local governments Traditional Authority/Land boards

(communal areas)

Community associations incl. Water

point committees, Community forests

and Conservancies

Livestock

farming

MAWF facilitates livestock

development and is responsible for the

control of stock diseases.

Livestock management decisions are

responsibility of owners as it is private

property on state land, Commercial

and communal areas.

Control livestock farming activities in urban areas

(townlands) in coordination with MAWF. However.

livestock is private property

Not exercising control although the CLRA,

2002 provides for Traditional Authorities to

control the number of livestock in areas

under their jurisdiction and introduce

rotational grazing by prohibiting livestock

from grazing in parts of their areas.

Water point committees have legal

powers to plan and control the use of land

in the vicinity of water points.

Community forestry committees have the

right to control access of livestock to

forests under their control according to

the forest management plan.

Game

farming

Overall control of game management

in conservancies by MET. On private

land MET has no mandate except over

protected species.

Role unclear. In some cases (Aus townlands), regional

or local authorities manage game in coordination

with MET.

Communal land boards have to consider

if a new leasehold would contradict the

management plan of a conservancy.

Communities in communal areas can

register conservancies and become

responsible for wildlife management

according to management plans.

Control of hunting quotas by MET.

Water Overall control by MAWF. Rights and

responsibilities over water points

devolved to local communities.

MAWF mandated to establish basin

management committees which are

responsible to develop basin

management plans.

Regional Water Management Agency responsible

for coordination & planning (planned).

RC planning the development of regions with a

view to existing and planned water infrastructure.

Local authorities construct water works; stop or

limit the supply of water; limit the use of water

during droughts or other emergencies.

No specific powers except duty to ensure

sustainable resource management as well

as to keep water points on communal

pastures accessible to all.

Water point committees manage and

maintain water points and have the

right to exclude non- members.

irrigated

agriculture

Overall control by MAWF and the

Green Scheme Agency within MAWF

Promotion, development and approval

of irrigation schemes

No mandates except in the allocation of irrigation

land in settlement areas (e.g. Noordoewer)

No specific mandates. No specific mandates.

Mining Overall Control by MME No specific powers No specific powers No specific powers

Forestry Overall control by MAWF.

MAWF mandated to proclaim State

and Community forests and establish

No specific powers. TA has to give consent to a Community

Forest.

Community forest management

committees manage forest resources



appropriate management structures

and management plans

on the basis of approved forest

management plans.

Fisheries Mandate for sea and inland fisheries

rests with the Ministry of Fisheries and

Marine Resources.

MFMR has powers to issue licenses for

fishing and enforce conservation

measures by regulating means of

fishing.

Members of Regional Councils and local

authorities represented on Inland Fisheries

Council.

Members of Council of Traditional

Leaders represented on Inland Fisheries

Council.

No mandates.

Conser-

vation

Overall responsibility: MET. No mandates.

Development plans of Regional Councils need to

be sensitive to the natural environment.

TAs have a duty to provide assistance in

ensuring that natural resources are used

in a sustainable manner that conserves

the environment and maintains the

ecosystem.

No mandate with regard to

conservation.

Tourism Overall responsibility: MET. No mandates other than to promote tourism in

regions.

No mandate regarding tourism. Conservancies have a mandate to

develop tourism in their area.

Urban

develop-

ment

Overall responsibility: Ministry of

Regional and Local Government and

Housing.

Directly responsible for the development and

administration of settlement areas.

Planning the development of regions with a view

to the urbanization of the population.

No mandate. No mandate.

Energy Overall responsibility: Ministry of

Mines and Energy.


to electricity.

No mandate. No mandate.

Transport Overall responsibility: Ministry of

Works and Transport.


to transport systems.

No mandate. No mandate



With a view to overcome shortcomings experienced on account of multiplicity of controls and clearances;

absence of world-class infrastructure, and an unstable fiscal regime and with a view to attract larger foreign

investments in India, the Special Economic Zones (SEZs) Policy was announced in April 2000. This policy

intended to make SEZs an engine for economic growth supported by quality infrastructure complemented

by an attractive fiscal package, both at the Centre and the State level, with the minimum possible regulations.

SEZs in India functioned from 1.11.2000 to 09-02.2006 under provisions of the Foreign Trade Policy and

fiscal incentives were made effective through the provisions of relevant statutes.

To instil confidence in investors and signal the Government's commitment to a stable SEZ policy regime

and with a view to impart stability to the SEZ regime the SEZ Act, 2005, was enacted. The main objectives

of the SEZ Act are:

Generation of additional economic activity;

Promotion of exports of goods and services;

Promotion of investment from domestic and foreign sources;

Creation of employment opportunities;

Development of infrastructure facilities.

Establishment of Special Economic Zones (SEZs) became a source of conflict, leading frequently to

violence. In Nandigram (West Bengal) for example, where a SEZ is proposed to be established, 14 persons

died on March 14, 2007 following an attempt by police forces to enter the area. Displacement of people in

name of development is quite common, but what is unprecedented is the violence and subsequent loss of

lives that took place to protest against a proposal to set up a relatively small size SEZ in West Bengal.

The Special Economic Zones Act, 2005 with its amendments is a comprehensive law which provides for

larger tax incentives. It provides for several aspects such as establishment of zones, operation and fiscal

regime. The Special Economic Zones Act, 2005 makes quite a few incremental changes over the SEZ policy

of 2000. They are (a) Corporate I.T. exemption increased to a block period of 15 years: 100 per cent I.T.

exemption for 5 years, 50 per cent for the next five years and 50 per cent of ploughed-back profits for the

last five years (b) Other fiscal incentives in the form of exemption from Service Tax and Securities

Transaction Tax (c) Greater operational freedom, e.g., freedom to fix user charges (e) Approval committee

for each zone to provide 'single-window' clearance in all matters and (f) SEZs are declared as public utilities

under the Industrial Disputes Act.

Establishment of SEZs in China started soon after the onset of the reforms in 1978 and these have

contributed to the rapid economic growth of China. The SEZs in China are reported to have achieved

considerable success because of (a) their unique locations - of the five SEZs, Shenshen, Shantou and Zhuhai

are in Guangdong Province adjoining Hong Kong. Fourth, Xiamen, is in Fujian Province and nearer Taiwan

(b) large size with government and local authorities providing improved infrastructure with foreign

collaboration (c) Investment-friendly attitude towards Non-resident Chinese and Taiwanese (c) Attractive

incentive packages for foreign investment (d) Liberal customs procedures (e) Flexible labour laws providing

for contract appointments for specified periods and (f) Powers to Provinces and local authorities to frame

additional guidelines and in administering the Zones.



The source of conflict in respect of SEZ policy in India arises from displacement, loss of agricultural land

and the potential for real estate speculation. There is also criticism that a scramble has been generated

among developers to grab cheap agricultural land in order to make quick profits or evade taxes and little

attention has been paid to achieving the real objective of generating industrial investments for employment

and export. It has been pointed out at multiple fora that while China had permitted a limited number of

very large sized SEZs, in India hundreds of SEZs have been approved including some that are only 10

hectares in size. Finally it has been alleged that the tax breaks given, which can continue for as long as 15

years will lead to revenue loss as well as diversion/displacement of units, particularly IT units which will all

move to SEZs because their existing tax-breaks would expire in 2009. All elements of the Chinese SEZ

policy that led to negative consequences are also present in the Indian SEZ policy. It is therefore necessary

to be vigilant about the social costs and consequences of the SEZ policy since it may lead to conflicts. The

Group of Ministers constituted by the Government of India to look into the SEZ policy has already

recommended that State Governments should not normally acquire bulk of lands for the SEZs. This is a

good decision because establishing SEZs to allocate land to private companies cannot be termed as

furtherance of a public purpose. The Commission also feels that a better approach would be to have a

Highlight 3: Negative Fallout of Chinese SEZs

The Chinese experiment with SEZs had, however, important implications in loss of agricultural land

and speculation fir real estate. The implementation of the SEZ scheme produced a speculative market

in land rights followed by rapid transfer through speculators. Between January 1992 and July J993>

rights over 1,27> 000 hectares of hind were granted to real estate developers across, but only 46.5

per cent of this hind was actually developed. Large-scale transfer of hind to real estate developers

was prompted by what was called 'zone fever'; what it actually meant was the rapid multiplication of

zones as a result of promoting the SEZ model. The Chinese National Government followed the

initial zones with new technological zones eventually reaching 54 such zones in 2006. The provincial

and local governments declared their own special zones providing land to the industries and real

estate speculators. In fact, the zone fever was escalated to the level where. By early 1990s, there were

no accurate numbers on how many developmental zones actually existed. According to estimates

made in 1993- there were 6000 to 8700 such zones and their total area was estimated to be 15,000

square kilometers, which was, in fact, more than the built-up area of the existing cities.

The consequence of the growing 'zone fiver' coupled with speculative activities in real estate was a

sizable reduction in arable land in China. Between 1986 and 1999> about five million hectares of

arable land were reportedly transferred for development of infrastructure and real estate expansion.

Between 1990 and 1997> in Fujian province alone (with Xiamen SEZ) more than 3-50 lakh hectares

of arable land were apparently diverted for industrial purposes. Similarly, Hainan SEZ (established

in 1988) was referred by the Economist as the "world’s biggest speculative bubble with few industrial

firms and little industrial output." The ultimate result, of course, was disastrous. In June 1998, the

Hainan Development Bank, the main banker of the provincial government closed down under

bankruptcy, to be followed soon by the Guangdong International Trust and Investment Corporation

of Guangdong province. These trends are reported to have become so alarming by 1997 that the

government eventually imposed a blanket moratorium on land-use conservation. On the whole, the

SEZ concept in China promoted land development in China without directly addressing its

impact on cultivable land and the natural resource base.

Source: Excerpts from study by Mr. Gopalkrishnan, Negative Aspects of Special Economic Zones, Economic and Political

Weekly, April 28, 2007



limited number of large SEZs preferably in backward areas so that they lead to infrastructure creation. In

addition, it would be desirable that the proportion of land allowed to be used for 'non-processing' activities

should be minimised.

The livelihood of those ousted should, however, be the prime concern in conflict resolution. While the

Group of Ministers has suggested that the rehabilitation package should include a job for at least one person

from the affected family, such a stipulation is not adequate. The idea, on the whole, should be to make the

displaced primary stakeholder partners rather than one-time beneficiaries or spectators of SEZ

development. Thus, the Mangalore SEZ project's R&R package defines tenants’ dependant on land,

encroachers living of government /forest land and agricultural labourers, all as Project Affected Persons

who are to be allotted alternative land sites of varying sizes along with those losing their land to the project.

In addition to sites in lieu of land, an ex gratia housing grant, a transportation grant, a subsistence grant, a

rehabilitation grant for loss of land, vocational training and employment to one member of each affected

family constitute part of the package.

In order to prevent conflict situations from arising and leading to violence, it is necessary that industrial

activities and SEZs are located in areas where they cause the least displacement and dislocation, and do not

usurp productive agricultural lands. For the purpose, it may be desirable to prepare comprehensive land

use plans which could indicate where industrial activities and SEZs could be located. It is necessary,

however, to ensure that such land use plans are finalised only after public consultations and inviting and

taking into account objections to the proposed land use planning. Once the land use plans are finalised,

they should be faithfully followed and should in effect be for a specified number of years.



This section provides excerpts from the analysis report undertaken by the Rights and Resources Initiative

and the Bharti Institute of Public Policy, Indian School of Business. The report seeks to provide evidence-

based insight into this complex subject. The study is part of a larger geo-spatial analytical platform being

developed by the Bharti Institute of Public Policy.

“India's ambitious development agenda involves facilitating investment for economic growth, infrastructure

development, and social progress. Yet thousands of investment projects have been stalled to date, raising

red flags for the health of the country's financial regulatory systems, public (sector banks, and investment

community.”

“While official reasons given for stalled projects remain opaque, deep contestation leading to conflict on

public {and private) lands must be better understood as a substantive risk to investments. An improved

understanding of the actual causes of stalled projects will not only help investors, financial institutions and

regulators make better decisions, but also inform public policies regarding communities' property rights

and provide a path to more inclusive development.”

“Projects under the four categories—announced completed, under implementation, and stalled—are

spread throughout the country. Particularly, stalled projects are distributed similarly across the other

categories, suggesting that there are no specific geographical clusters that might be associated with stalling

of investments (Map 1).”

“Of the more than 40,000 projects announced since January 1, 2000, 14 per cent or 5,780 were stalled as

of October 2016. During the same interval 53 per cent of all projects were listed as complete (Figure 1).

Only 10 per cent of the projects under INR 100 crores (INR 1 billion) were stalled, and 71 per cent had

been completed. In contrast, the proportion of stalled projects for projects where the investment is greater

than INR 100 crores (INR 1 billion) is 17 per cent.”

“The total investment across all projects adds up to almost INR 200 lakh crores (INR 200 trillion), of which

21 per cent (INR 42.6 lakh crores or INR 42.6 trillion) is tied up in stalled projects.”

At the national level, the 5,780 stalled projects are fairly evenly distributed. Districts with more than 10

stalled projects and/or more than INR 10,000 Crores(INR 100 billion) investment tied up in stalled projects

are spread across the states of Gujarat, Maharashtra, Odisha, Chhattisgarh, Karnataka, Telangana, Andhra

Pradesh, Madhya Pradesh, Kerala, Rajasthan, Haryana, Punjab, and Uttarakhand.

“The highest number of stalled projects fell into the category of 'Other reasons'. As per CapEx database,

only 6.5 per cent of the projects are stalled due to land acquisition problems, which account for 16 per cent

of the total investments. In comparison, 6 per cent of projects stalled due to environmental and non-



environmental clearances account for 9 per cent of total investments. 50 per cent of investments can be

attributed to projects stalled for 'Other reasons/Notably, there is no specific reason listed in the CapEx

database for almost 25 per cent of investment at risk.”

The reasons behind the stalling of development projects are complex and many, and the CapEx categories

cannot reflect all the socio-political factors that come into play. A sample of projects for further

investigation was selected from the list based on the following criteria:

The following reasons for stalling were selected: fuel/feedstock/raw material supply problem; lack of

clearances (non-environmental); lack of environment clearances; land acquisition problem; not

available; and others.

Six industry groups (as classified by CapEx) that had the highest frequency of projects were selected:

aluminium and aluminium products; cement; coal and lignite; electricity generation; minerals; and steel.

Only projects that were announced on or after January 1, 2008 were selected to ensure a greater

likelihood of their being relevant today.

Only projects with an investment/cost of INR 1000 crores or higher (IRN 10 billion and higher in the

CapEx database) were selected.

The 10 states that had the highest frequency of projects were selected: Andhra Pradesh, Telangana,

Madhya Pradesh, Tamil Nadu, Maharashtra, Odisha, Uttar Pradesh, Chhattisgarh, Gujarat, and

Karnataka.

Power sector projects were found to have the highest frequency, followed by cement steel, and mining

sectors. In terms of investments, stalled power projects accounted for the highest value, about INR

286.9 thousand crores, followed by the steel, mining, and cement sectors

The state of Odisha leads both in terms of number of projects and investment at risk.

Of these 80 projects, only seven are listed in the CapEx database as being stalled due to land acquisition

problems. However, upon further investigation, it was found that 21 of these (26.25 per cent) had

significant land-related conflicts. These 21 projects implicate INR 192.62 Thousand Crores, which

amounts to about 40 per cent of the investment of all 80 projects.

The value (investments) at risk related to land related disputes was also much higher in the sample

compared to the Capex database.

“The study included a more detailed investigation of 21 projects involved in disputes related to the

possession and acquiring of land. These disputes include both public and private land. Out of the 21

projects, 12 involved commons or public land, 10 involved only private lands, and four involved both

private and common lands.

The study shortlisted the major reasons for land disputes and resistance by local communities to the

projects. The major reasons for these conflicts can be classified as: 1. loss of commons; 2. dissatisfaction



with compensation offered for the land; and 3. concern over the environmental impacts of the project.

Figure 7 shows the distribution of these reasons.”

5.4.3.1 The Threat to Commons

“The threat to commons emerged as a major reason for land disputes and conflicts. Communities are

dependent on commons for farming, fishing, livestock rearing, salt manufacturing, and grazing. The loss of

these lands or denial of access to them often lead to disputes. The 12 cases studied included protests against

the loss of commons, forest land, and coastal waters. These protests played a major role in the stalling of

projects.”

“For example, the fishing communities of Srikakulam district in Andhra Pradesh have raised objections to

the implementation of five thermal power plants on the grounds that they will disrupt the marine ecology

by increasing the sea temperature and destroy local fisheries. Of the selected projects, four were stalled

following such protests in Srikakulum district (Bhadreshwar TPP, Sompeta TPP, Kakarapalli TPP, and

Srikakulam TPP). In Ratnagiri district, Maharashtra, similar protests took place against Rajapur TPP and

the project was stalled. Only one of these projects was listed as stalled due to land acquisition in CapEx; all

others' reasons were attributed to a lack of environmental clearance, fuel/feedstock/raw material supply

problems, and others.”

“In Rayagada district in Odisha, the Aluminum Smelter and Refinery project set up by RSB Metaltech was

opposed by local populations who claimed that the company had illegally encroached on public forest land

that they depended on for their livelihoods. The Lanjigarh Alumina Refinery Expansion Project is a similar

case in Odisha that faced stiff opposition because the mines for the plant were located on forest land sacred

to tribals. Amtek Auto Limited also ran into resistance while trying to set up a mega auto complex near

Choudwar in Cuttack district over an area of 2,500 acres at an investment of INR 15,820 crore—much of

the land for the proposed project was forest land. Similarly, the 2014 allocation of the Deocha-Pachami

block (9.7 sq. km.) in the south-western part of Birbhum, West Bengal, was stalled following opposition

from tribal populations who raised objections to mining activities on their forest land.”

5.4.3.2 Dissatisfaction with Compensation Offered for Valued Lands

“Another major reason for land disputes is that many farmers and land owners do not want to part with

their lands, which may have a high economic and resale value due to their productivity. Several cases of

land-related disputes also stem from the dissatisfaction of farmers and locals with the compensation

offered. Examples of such cases are the Delhi Mumbai Industrial Corridor Project the Haligudi Steel Project

in Karnataka, the Kachchh Cement Plant Project in Gujarat, and the Balpur Thermal Power Project in

Chhattisgarh.”

“The Delhi Mumbai Industrial Corridor project spans across six different states and has run into conflicts

in almost every state. Many of the lands that must be acquired for this project are of high economic value,

and farmers are unhappy with the compensation offered or fear that the value of their lands will appreciate

greatly after they sell. Out of 13 projects listed under the Corridor in CapEx, only three are currently under

implementation. POSCO, a multinational steel-making company headquartered in Pohang, South Korea,

has similarly faced opposition from the farmers of the Haligudi village who wanted higher compensation

for their fertile land where they grow cotton. POSCO eventually shelved the project due to the inordinate

delay in acquiring land.”

“In the Janjgir-Champa region, the Balpur thermal Power Project and Chhattisgarh (Sapos) Coal Based

Power Project were stalled due to dissatisfaction with compensation among local farmers. Across the

Janjgir-Champa district, locals who previously sold their land to companies have felt cheated as they were



offered significantly low prices for their high-value lands. Pathadi (Phase V & VI) Thermal Power

Expansion Project in Korba, Chhatisgarh and Lakhpat Cement Plant Project in Kachchh, Gujarat had

similar problems owing to perceived low compensation being offered to local people.”

5.4.3.3 Environmental Impact

“Many of the land disputes related to stalled projects are linked to the perceived environmental impacts of

these projects. In many of our case studies, we found that there was widespread concern about the

environmental impacts of these projects, even if this was not the only reason for their opposition.”

“In the case of the coastal thermal power projects, there has been opposition on the grounds that there

would be damage to the marine ecology, and destruction offish breeding grounds and wetlands. In another

case, the Bhadradeni Thermal Power project in Telangana was opposed because it was being built near a

wildlife reserve, and would be drawing water from the Godavari River. Activists argued that a study needed

to be conducted on the ecological consequences of the project before it could go ahead. Lastly, many of

these projects are on forest lands that are central to the livelihoods of many local people. Admittedly, the

desire to protect these forest areas is tied in with the economic benefits that they derive from them.

However, there appears to be a significant amount of support mobilised around the issues of environmental

degradation and destruction.”

Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH

Land Use Planning and Management (LUPM)

3rd Floor, B-5/2 Safdarjung Enclave New Delhi 110029 India

T: +91 11 4949 5353 F: +91 11 4949 5391

E: [email protected] W: www.giz.de/india; lupm.urban-industrial.in

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