Writing3 AMishra ASI UK DFID Nigeria Writing Sample 2014
mydocumentsThe Role of Planning Laws in Adapting to climate change
1. The Role of Planning Laws in Adapting
to Climate Change: A Comparative
Study of Nigeria and South Africa
‘Bunmi Afinowi
PhD student of the Public Law Department
Supervisor: Professor Jan Glazewski
2. Research Focus
Effects of climate change on the built and natural environment;
Adaptation to the adverse effects of climate change;
International and national commitments to build adaptation to the adverse
effects of climate change-
International commitments to climate change adaptation and sustainable planning
systems;
National commitments to sustainable planning methods and adaptation to climate
change -
South Africa; and
Nigeria
4. Part 2 – Physical Planning Framework
Chapter 4 examines the practice of indigenous planning in Nigeria and South
Africa against the backdrop of customary land tenure systems;
Chapter 5 reviews planning law in Nigeria and the planning tools adopted in
the planning process. The chapter will highlight the provisions of the 1999
Constitution of the Federal Republic of Nigeria in relation to planning. as well
as the landmark case of Attorney General of Lagos v Attorney General of the
Federation and 35 others;
Chapter 6 analyses planning law and instruments in South Africa, the powers
of the Municipalities, Provincial and the National governments in relation to
planning will be consider. As well as judicial precedents on the interpretation
and implementation of these laws;
5. Part 3 – Comparison and Conclusion
Chapter 7 considers the extent to which climate change considerations, in
particular, adaptation have been incorporated into the planning laws of South
Africa and Nigeria; or if the laws of both countries make any allowance for
the incorporation of climate change in the future;
And chapter 8 concludes the thesis by looking at the lacunae in the planning
laws of both countries; looking at lessons that Nigeria can learn from South
Africa and the lesson both countries can learn from international best
practices.
6. Background to the study
Climate change increase in temperature; extreme variations in
rainfall patterns; melting glaciers; rise in sea level natural hazards
such as flood, wild fires, coastal erosions, droughts adverse effects on
the natural and built environment and affect the functioning of available
infrastructure increasing vulnerability to risks to human life, the
natural and built environment.
Way out UNFCCC Article 4(1)(e) : Adaptation
Especially in the areas of coastal management; protection and rehabilitation
of areas affected by droughts and floods; water resources and agriculture.
Physical Planning process spatial planning, adaptive environmental
planning.
7. Legal framework
South Africa:
Section 24 of the Constitution;
the Spatial Planning and Land Use Management Act (SPLUMA);
the Integrated Coastal Management Act;
the Western Cape Land Use Planning Act; and
the Gauteng Planning and Development Act.
8. Legal framework
Nigeria:
the 1999 Constitution;
the Urban and Regional Planning and Development Law in Lagos State ( URPDL);
and
Urban and Regional Planning Act (URPA).
10. Problem statement
The impacts of climate change, when considered together with other stress
factors such as poverty, over-population, urbanization and urban sprawl,
limited or complete lack of infrastructure, pose major developmental and
economic challenges , especially in developing countries.
Impacts of climate change will lead to a stress on the natural and built
environment.
South Africa will experience a decrease in rainfall in some areas, and
excessive rainfall in other areas. These have the tendency to aggravate
already existing environmental and infrastructural challenges such as fires,
floods, water shortage, urban sprawl, over population, waste disposal, and so
on.
11. In Nigeria, the change in climatic conditions has resulted in a rise in sea level,
weather conditions have become rather erratic and rain fall no longer follows
the established pattern, there are unusually long periods of drought and
excessive torrential rainfall, and temperature seems to have hit an all-time
high.
Adaptation to these adverse effects especially on the built environment and
infrastructure is a major requirement to build resilience. Planning laws in
South Africa has become more integrative with the SPLUMA giving extensive
consideration to the natural environment and the Western Cape Land Use
Planning Act of 2014 is very progressive in terms of climate change
adaptation. Planning law in Nigeria has not scratched the surface on the need
for an integrated planning system.
Both Countries have extensive policies on climate change adaptation. (South
African National Climate Change Response White Paper GenN 757/34695/3,
19/10/2011 and The National Adaptation Strategy and Plan of Action on
Climate Change for Nigeria (Naspa-CCN), November 2011 )
12. Relevance of study
“…planning laws, though not originally fashioned to cater for environmental
challenges can be modified to meet even the challenges posed by climate
change.”
The research aims to consider the ways in which planning laws can be used to
mitigate the hardships posed by climate change in terms of land use and
availability, re-zoning – taking into consideration particularly vulnerable
areas, protection of fragile ecosystem, coastal land management, urban
sprawl and future planning that integrates climate considerations.
The research also involves the comparative study of the legal regime of
planning in Nigeria and South Africa. South Africa is more advanced
technologically and economically and this advancement reflects in the
planning regulations and the extent of environmental considerations.
13. Justification for Comparative work between
South Africa and Nigeria
• Both are developing coastal countries;
• Anglo-American planning heritage;
• Both are likely to experience similar
adverse effects of climate change
• South Africa is a semi-arid country and is
likely to experience a level of drought.
The Northern part of Nigeria is bordered
by desert regions and there has been some
desert encroachment in these areas.
Adverse effects in South Africa and
Nigeria
•Increased number of warm days and
increase in maximum daily
temperatures;
•Increase in rainfall in some parts and
decrease in rainfall in other parts ;
•Rise in sea level leading to increased
danger for coastal development and
infrastructure, especially in cases of
storm surges.
14. Research questions
To what extent has climate change adaptation been incorporated into the
legal framework for spatial planning in Nigeria and South Africa? This question
is further broken down into four questions:
What role can planning laws play in the adaptation to climate change?
What are the respective roles of the three tiers of government in climate change
adaptation through spatial planning laws?
What roles are there to be played by non-government stakeholders?
What lessons can Nigeria and South Africa learn from each other, and what can
both countries learn from other jurisdictions?
15. methodology
Doctrinal research – Comparative analysis of the primary sources, that is,
legislation, case laws, rules and principles that relate to planning laws in
South Africa and Nigeria, as well as all secondary sources such as texts,
articles, commentaries and existing literature on planning laws in both
countries.
Empirical research – conduct of semi- structured interviews with serving
government officials in the government planning departments, planning
practitioners and academics in spatial planning and planning law. , the aim of
which is to look at planning laws in a broader context of social and
environmental validity, in order to ascertain the efficiency and practicability
of these laws and the disparities - if any - between the law and real life
situations.
16. Expected Research Outcome
The need for proper integration of climate change considerations into
planning laws especially in Nigeria;
The inclusion of climate change in the environment considerations listed in
the South African constitution and the SPLUMA;
Establish the need for shared responsibility in the adaptation to climate
change.
Establish that stakeholders should be able to oppose a planning permit or
scheme on the grounds of climate change vulnerability;
17. Challenges encountered so far
Research methodology
Reaching out to officials to participate in the empirical research.
Chapter 2 – Determining how to discuss the theoretical basis of planning -
Moral-based theories founded in philosophy or
Practice-based theories founded in the sciences.
