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TRANSCRIPT
Building Capacity on Integrated
Land-Use Planning Law
Module 1
Context & Concepts
Overview of the Seminar
Key Relevant Terms
Linking LUP, Biodiversity & Climate Change
‘Integrated Land-Use Planning Law’
Relevant International Law & Policy
Importance of Governance
Objectives
Introduce key terms informing the development &
implementation of integrated land-use planning law.
Foster awareness of the linkages between land-use
planning, climate change and biodiversity issues.
Build understanding of what is integrated land-use planning law.
Advance knowledge of the relevant international law and
policy context relevant to integrated land-use planning.
Promote clarity on the role of governance in facilitating
integrated land-use planning through the law.
Outcomes
Appreciation of key terms informing the development &
implementation of integrated land-use planning law.
Awareness of the linkages between land-use
planning, climate change and biodiversity issues.
Knowledge of the relevant international law and
policy context relevant to integrated land-use planning.
Understanding of what is integrated land-use planning law.
Clarity on the role of governance in facilitating
integrated land-use planning through the law.
Before We Begin
acknowledge
diversity complexity scale
differences
colour shape
texture composition
size weight
legal tradition legal process
legal hierarchy inst’al framework
issues / realities terminology
Acknowledging Diversity
Acknowledging Complexity
a simple roadmap!
Acknowledging Legal Scale
international
regional
national/federal
state/provincial
local
domestic focus
terrestrial focus
Let Us Begin
acknowledging
diversity complexity scale
Overview of the Seminar
Key Relevant Terms
LUP, Biodiversity & Climate Change
‘Integrated Land-Use Planning Law’
Relevant International Law & Policy
Importance of Governance
Key Relevant Terms
info
rm c
on
ten
t o
f la
w
en
ab
led
by
the
law
‘integrated land-use planning’
‘conservation’ terms?
‘climate change’ terms?
‘land-use planning’ terms?
‘other’ terms?
Key Relevant Terms
planning
resilience
land-use planning
ecological goods & services
OECMs
adaptive capacity
adaptive management
integrated
ecosystem approach
vulnerability
ecosystem stewardship
multi-level/scale governance
ecological network
ecological integrity
connectivity
mitigation
ecosystem restoration
land use
precautionary principle
climate change
landscape approach
adaptation habitat fragmentation good governance
cooperative governance
ecological infrastructure
land-use planning tools
Overview of the Seminar
Key Relevant Terms
Linking LUP, Biodiversity & Climate Change
LUP, Biodiversity & Climate Change
common limitations of LUP
urban focused
short-term
narrow perspective
fragmentation
legal uncertainty
centralised
vertical horizontal
conservation climate change
advanced scientific understanding
improved information technology
growth of global information sharing networks
land-use planning
understanding the links
LUP, Biodiversity & Climate Change
broad-scale planning
integrated planning
varied temporal planning
improved legal certainty
harmonised & participatory planning
improved planning efficiency
LUP, Biodiversity & Climate Change
benefits of creating the links
Overview of the Seminar
Key Relevant Terms
LUP, Biodiversity & Climate Change
‘Integrated Land-Use Planning Law’
What is ‘ILUPL’?
breaking it down into concepts
‘planning’?
‘land-use planning’?
‘integrated’?
‘law’?
‘land use’?
What is ‘ILUPL’?
‘Land use is the function of land - what it is used for.’
‘Land use involves the management and modification
of the natural environment or wilderness into built
environment such as settlements and semi-natural
habitats such as arable fields, pastures, and managed
woods.’
‘Land use means the purpose for which land is or may
be used lawfully.’
‘land-use’
current use future use control
What is ‘ILUPL’?
General definition
‘the process of making plans for something’
‘a formulated or organised method according to which
something is to be done, a scheme of action’
Narrower definition
‘concerned with the determination, allocation and alteration of
land uses’
‘controlled design of buildings and development of land’
informative forward looking
prescriptive controlling
‘planning’
What is ‘ILUPL’?
‘land-use planning’
‘land-use management’
‘spatial planning’
land-use
planning
What is ‘ILUPL’?
‘the creation of a blueprint for future land use that will
support sustainable development’
‘methods and approaches used by the public and
private sector to influence the distribution of people and
activities in spaces of various scales’
‘spatial planning’
forward looking
informative
guiding
macro focus
What is ‘ILUPL’?
‘that part of the planning process that deals with
changes to land use as set out in the original plan,
framework or restrictive condition’
‘regulation of a variety of different types of activities
and development that take place on land’
‘land-use management’
allows for change
control/regulate land use
manage impacts
micro focus
What is ‘ILUPL’?
‘land-use management’
‘spatial planning’
land-use
planning
landowners
decision makers
inform guide
regulate control
‘land-use planning’
What is ‘ILUPL’?
‘integrated’
‘combined to form a single thing’
‘to put together parts’
substance process scale
international
national
local/village
social
economic
environmental
land use
state
individuals
communities
biodiversity
climate change
Cos,CBOs&NGOs
urban rural
province/district
integration of what parts/elements?
temporal
What is ‘ILUPL’?
‘A body of rules governing human conduct,
recognised as binding by people and
enforced by public authorities (the state).’
people things
state
rules
rights
duties
‘law’
What is ‘ILUPL’?
order & security
predictability
certainty
justice
‘function of law’
What is ‘ILUPL’?
international law soft law
domestic law
Constitution
legislation
common law
judicial precedent
customary law
primary
hard law
sources of law
subordinate
What is ‘ILUPL’?
types of law
Primary Legislation
Central / National / Federal
State / Regional / Provincial
Subordinate/Subsidiary Legislation
Made by executive officials
Power granted by primary legislation
Detailed rules necessary to implement primary legislation
Local Laws
Power to make may be original or derived from federal law
Government
What is ‘ILUPL’?
legislature
separation
of
powers
executive judiciary
make laws
determine validity
of laws & conduct administer laws
resolve disputes
structure of government
What is ‘ILUPL’?
unitary state federal state
central government original
power
‘national’ ‘federal’
regional governments
‘provincial’ ‘state’
original
power
central government original
power
regions
local areas local areas original
power
distribution of power/authority
What is ‘ILUPL’?
core concepts
‘planning’?
‘land-use planning’?
‘integrated’?
‘law’?
‘land use’?
What is ‘ILUPL’?
‘the area of law which provides for the
creation of an integrated sustainable spatial
planning framework as well as for the legal
mechanisms and processes relating to the
management of current land use and land
development or change with the purpose of
ensuring the health, safety and welfare of
society as a whole’
What is ‘ILUPL’?
many scales
many substantive issues
many processes & parties
What is ‘ILUPL’?
‘Old World’
small population
similar land-use
‘New World’
simple activities
small impacts
vast population
diverse land-use
complex activities
large impacts
new challenges
historical growth of ILUPL
What is ‘ILUPL’?
historical growth of ILUPL
What is ‘ILUPL’?
historical growth of ILUPL
What is ‘ILUPL’?
historical growth of ILUPL
What is ‘ILUPL’?
historical growth of ILUPL
What is ‘ILUPL’?
‘land-use planning tools’
Integrated Dev’ment Plans
Spatial Plans
Spatial Dev’ment Frameworks
Protected Area Designation
Enviro Mgment Frameworks
Conservation Agreements
Coastal Management Plans
Biodiversity Plans
Protected Areas Plans
Fresh Water Plans
Climate Change Plans
Development Permit Areas
Zoning
Coastal Setback Lines
Urban Edge Delineation
Title Deed Conditions
Compulsory Acquisition
Market-Based Incentives
EIA & SEA
Subdivision
Planning Principles
div
ers
ity o
f o
pti
on
s d
ive
rsity
of n
am
es
What is ‘ILUPL’?
categorising land-use planning tools
‘land-use management’
‘spatial planning’
land-use
planning
landowners
decision makers
inform guide
regulate control
integrated development plans
spatial planning frameworks
enviro management frameworks
biodiversity plans
coastal plans
climate plans
PA management plans
zoning
subdivision
title deed conditions
development permit areas
environmental assessment
protected areas
land-use
plans
other
relevant plans
other tools
Overview of the Seminar
Key Relevant Terms
Land-Use Planning, Biodiversity & Climate Change
“Integrated Land-Use Planning Law”
Relevant International Law & Policy
Relevant Int’al Law & Policy
info
rm d
om
es
tic
ac
tio
n p
rov
ide
po
litica
l imp
etu
s
Relevant Int’al Law & Policy
SDGs
CBD Aichi Targets
UNFCCC’s Paris Agreement
Relevant Int’al Law & Policy
Article 6
Relevant Int’al Law & Policy
Aichi Targets
Relevant Int’al Law & Policy
UN SDGs
Relevant Int’al Law & Policy
UNFCCC Paris Agreement
Relevant Int’al Law & Policy
SDGs
CBD Aichi Targets
UNFCCC’s Paris Agreement
info
rm d
om
es
tic
ac
tio
n p
rovid
e p
olitic
al im
petu
s
Overview of the Seminar
Key Relevant Terms
Linking LUP, Biodiversity & Climate Change
‘Integrated Land-Use Planning Law’
Relevant International Law & Policy
Importance of Governance
Importance of Governance
degree of
integration &
cooperation
‘governance’?
three interrelated dimensions
quality of
governance
who makes
decisions
& how
good governance types of governance cooperative governance
Importance of Governance
‘The interactions among structures, processes
and traditions that determine how power and responsibilities are
exercised, how decisions are taken and how citizens
or other stakeholders have their say.’
‘governance’?
rich & multifacteted complex
authority/power
who makes decisions
how decisions made who is accountable
how authority shared
Importance of Governance
five key influential factors
key actors
levels of decision-making
type of authority
type of decisions
source of authority
government non-government
de iure de facto
rights-holders
stakeholders
plan
promote regulate
control
law
pla
ys
cen
tra
l ro
le
Importance of Governance
why so relevant to ILUPL?
key actors
levels of decision-making
type of authority
type of decisions
source of authority
many actors
many levels/spheres
many types of authority
many types of decisions
many sources of authority
sp
ati
al
pla
nn
ing
la
nd
-us
e m
an
ag
em
en
t
good governance cooperative governance
ILUPL & Good Governance
‘good governance’?
public participation
predictability
transparency
equity
justice
legal perspective
access to info
certainty
process outcome
appeal
right to reasons
review
ILUPL & Good Governance
promoting good governance
public participation procedures
identification of actors
sp
ati
al
pla
nn
ing
la
nd
-us
e m
an
ag
em
en
t
decision-making process
decision-making criteria
Promoting Good Governance
public participation procedures
identification of actors government non-government
rights-holders
stakeholders
nature of procedures
timing drafts final
inclusive process
provision of assistance
notice & comment public hearings
trigger for procedures
decision-making criteria
mandatory application
types of criteria
planning principles & objectives
spatial plans
other plans
broad/uniform application
exceptions
EIA/SEA
Promoting Good Governance
decision-making process
appointment of decision maker
clear & viable timeframes
enable expert review
representivity impartiality
request reasons
form of approval
complexity
notice of outcome where to whom
notice of right to challenge review appeal
Promoting Good Governance
ILUPL & Good Governance
promoting good governance
public participation procedures
identification of actors
sp
ati
al
pla
nn
ing
la
nd
-us
e m
an
ag
em
en
t
decision-making process
decision-making criteria
Spatial Plans
ILUPL & Cooperative Governance
‘land-use planning tools’
Integrated Dev’ment Plans
Spatial Dev’ment Frameworks
Protected Area Designation
Enviro Mgment Frameworks
Conservation Agreements
Coastal Management Plans
Biodiversity Plans
Protected Areas Plans
Fresh Water Plans
Climate Change Plans
Development Permit Areas
Zoning
Coastal Setback Lines
Urban Edge Delineation
Title Deed Conditions
Compulsory Acquisition
Market-Based Incentives
EIA & SEA
Subdivision
Planning Principles
fra
gm
en
ted
go
vern
an
ce
o
verla
ps/c
on
flicts
many laws
many institutions
many planning tools
ILUPL & Cooperative Governance
Integrated Dev’ment Plans
Spatial plans
Spatial dev’ment frameworks
Protected Area Designation
Enviro Mgment Frameworks
Conservation Agreements
Coastal Management Plans
Biodiversity Plans
Protected Areas Plans
Fresh Water Plans
Climate Change Plans
Enviro Authorisations
Zoning
Coastal Setback Lines
Urban Edge Delineation
Title Deed Conditions
Compulsory Acquisition
Market-Based Incentives
EIA & SEA
Subdivision
Planning Principles
integration
harmonisation
cooperation
‘land-use planning tools’ ‘cooperative governance’?
promoting cooperative governance
intergovernmental consultation
planning principles/objectives
sp
ati
al
pla
nn
ing
la
nd
-us
e m
an
ag
em
en
t
integrated permitting
decision-making criteria
ILUPL & Cooperative Governance
harmonising plans
Promoting Cooperative Governance
planning principles/objectives
content?
application?
promote uniformity promote consistency
cross-sector?
cross-level/sphere?
discretionary?
mandatory?
trigger?
Promoting Cooperative Governance
intergovernmental consultation
with whom?
when & how? timeframes?
failure?
cross-sector?
cross-level/sphere?
discretionary?
mandatory?
to respond? to approach?
over what? permitting? planning?
Promoting Cooperative Governance
harmonising plans
through what process?
whose responsibility?
form of harmonisation? mainstreaming
alignment
amending plans?
which plans?
integration
trumping
which order?
Promoting Cooperative Governance
decision-making criteria
who determines criteria?
where are criteria prescribed?
which decisions?
which criteria which plans
individual laws framework law
by whom?
how? ‘take into account’ ‘ensure consistent’
failure to consider?
exceptions/deviations?
Promoting Cooperative Governance
integrated permitting
form of permit?
who issues permit?
what process? statutory process? by agreement?
who monitors compliance?
many signed by one? one signed by many?
which permits?
many signed by many?
who considers application?
promoting cooperative governance
intergovernmental consultation
planning principles/objectives
sp
ati
al
pla
nn
ing
la
nd
-us
e m
an
ag
em
en
t
Integrated permitting
decision-making criteria
ILUPL & Cooperative Governance
harmonising plans
Overview of the Seminar
Key Relevant Terms
Linking LUP, Biodiversity & Climate Change
‘Integrated Land-Use Planning Law’
Relevant International Law & Policy
Importance of Governance
Objectives
Introduce key terms informing the development &
implementation of integrated land-use planning law.
Foster awareness of the linkages between land-use
planning, climate change and biodiversity issues.
Build understanding of what is integrated land-use planning law.
Advance knowledge of the relevant international law and
policy context relevant to integrated land-use planning.
Promote clarity on the role of governance in facilitating
integrated land-use planning through the law.
Outcomes
Appreciation of key terms informing the development &
implementation of integrated land-use planning law.
Awareness of the linkages between land-use
planning, climate change and biodiversity issues.
Knowledge of the relevant international law and
policy context relevant to integrated land-use planning.
Understanding of what is integrated land-use planning law.
Clarity on the role of governance in facilitating
integrated land-use planning through the law.
Building Capacity on Integrated
Land-Use Planning Law
Module 1
Context & Concepts
Seminar
Presentation
Practical
Exercise
knowledge transfer skills development