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CLUP
1. A Paper
On
CLIMATE CHANGE ADAPTATION AND DISASTER RISK REDUCTION IN THE
COMPREHENSIVE LAND USE PLAN
for
Environmental Planning (EPM)
Liceo de Cagayan University
Submitted to:
Dr. Romeo M. del Rosario
Professor – Environmental Planning (EPM)
Submitted By:
Purito M. Velez
March 11, 2016
2. Table of Content
Title 1
Table of Content 2
Overview and Rationale 3
Legal Mandates and Enabling Policy 5
Relationship of CLUP with National Plans and Programs 6
Approaches and Principles that needs to be adopted 8
Area and Coverage of CLUP 9
CLUP Process 10
Conclusion 8
Reference 10
3. CLIMATE CHANGE ADAPTATION AND DISASTER RISK REDUCTION IN THE
COMPREHENSIVE LAND USE PLAN
Overview and Rationale
Comprehensive Land Use Plan (CLUP) aims to implement an integrated program of
land use program to foster sustainable growth and renewal of our urban and rural
communities in an integrated manner. It aims to promote the optimal use of land, shelter,
disaster risk reduction and environmental protection. It aims to delineate actual boundaries on
the ground in the territorial jurisdiction of the LGU. It should embody the desired land use
patterns of the barangay, city or municipality. It should translate and consolidate plans as
well as give appropriate policies. The CLUP will likewise serve as the basis for the
preparation and formulation of the Comprehensive Development Plan (CDP) and the Local
Development Investment Plan (LDIP) of the LGUs.
Comprehensive Land Use Plan (CLUP) guidelines have been updated to comply with
two (2) national landmark laws. These are Disaster Risk Reduction and Management Act of
2010 (RA 10121) and Climate Change Act of 2009 (9229). In light of this, there is an urgent
need to incorporate the salient features of the above mentioned law such as climate change
adaptation and disaster risk reduction in the national, regional and local development plan.
Land use planning plays a crucial role in the adaptation and mitigation measures in the local
communities.
The policy makers have recognized the need to formulate an all-encompassing plan
through the incorporation of our coastal and forest lands in the LGUs land use planning. They
also see the necessity to incorporate the ancestral domain of the indigenous people. The
ridges to reef otherwise known as integrated watershed ecosystem management framework
have been adopted to address the need and to emphasize the interrelationship between the
upland, lowland and coastal ecosystem. Let’s take the case of Cagayan de Oro City. What is
happening in the upland, particularly in Bukidnon, will definitely affect the flood plains in
Cagayan de Oro. That is why the LGU of Cagayan de Oro thru the Regional Disaster Risk
Reduction Council X has coordinated with the upland LGUs as well as thru the Cagayan de
Oro River basin Council.
CLUP allow the local communities to plan its development in a way that it also
assures the protection of its vital resources to satisfy the needs of the present and to prove for
the future. There is a necessity to assimilate special areas and thematic concerns like ancestral
domain, biodiversity, heritage and green growth in the land use process to guarantee the
4. preservation and sustainability of these essential elements. The plan will identify the peculiar
environmental features like wetlands, agricultural lands, woods and steep slopes. This will
also help in the identification of suggested appropriate strategies to preserve the resources
identified from possible destruction or degradation. This can be prevented by formulating
appropriate policies and its implementation with the assistance of the plan. All of this will
need to be incorporated into the CLUP and implemented thru the zoning ordinance in the
local government units. CLUP also takes into account the need to preserve protected
agriculture and mariculture areas. This will ensure food security for the present and to
preserve it for the future generation.
The LGU’s land use plan is a systemic and organized presentation of the LGU’s
strategic objectives, visions and direction into a spatial and physical dimension which begins
from the ridges to the reef ecosystem of the watershed problem. This covers both public and
private lands within the area of responsibility of the LGU. The management and use of these
areas will affect the local communities and the LGU’s cultural, economic and social
productivity.
The updated CLUP now integrates public and private land use management as well as
the newly mandated land and resource use regime. It also includes areas such as growth
areas, eco-efficiency and urban design considerations in the development of urban areas. It
also mandates the establishment of inter-LGU and inter-agency mechanism and arrangement
that would facilitate the implementation of CLUP. CLUP should also link with other plan
such as the National Physical Framework Plan (NPFP), DRRM Plan, Barangay plan and
other specific plan.
The Regional Physical Framework Plans (RPFPs), Provincial Development and
Physical Framework Plans (PDPFP’s) and CLUPs, will cover the development of their
respective territories. In turn, they should be consistent with the National Physical
Framework Plan (NPFP). All of this plans needs to be integrated and harmonized. This is
necessary to ensure that the concerns of the top and bottom levels of the government are
considered in the plan.
The CLUP should be consistent and linked to the different identified national policies
and international commitments of the country. This will ensure their complementation in the
development, conservation, protection and management of the resources.
5. Legal mandates and enabling policy
The Comprehensive Land Use Planning (CLUP) is constitutionally supported. The
state have already established its land use policies in terms of economy and patrimony. The
state has its police power which promotes public interest, safety, health, order and general
welfare.
The 1987 constitution is the primary enabling law for the Comprehensive Land Use
Program. As per Article XIII, Section 1 of the 1987 constitution, it provides guidance for the
management and development of all country’s resource. It also give purpose the
management, use, development and disposition of the countries resources. Article XII,
Section 6 likewise stipulates why the state should regulate the use of property. It states that
the use of property have a social function and should contribute to the common good and the
state have the duty to promote distribution of justice and to intervene when the common
goods demands.
The Local Governent Code of 1991(RA 7160) gives a mandate of the LGUs on
legislation, local planning, implementation as well as monitoring and budgeting. To be
specific Section 20 ( c ) of the same law mandates that the LGUs shall prepare their
respective Comprehensive Land Use Plans. It should likewise enact the necessary zoning
ordinance which will be the bases of the land use. The same law also mandates that the CLUP
should be consistent with the Provincial Comprehensive Land Use Plan. The LGU should
adopt measures to safeguard and conserve the resources of the LGU.
Executive Order 72 have been issued to provide for the preparation and the
implementation of the CLUP by the local government units. The plan likewise needs to be
reviews and approved by the Sanguniang Panlalawigan and the HLURB.
The Urban Development and Housing Act (UDHA) or RA 7279 also gives clear
definition of Land Use Plan and the LGUs are mandated to adopt it. The Housing and Land
Use Regulatory Board (HLURB) thru Executive Order 648 and RA 7160 have been
mandated to formulate land use planning guidelines and standards. EO 648 authorizes the
reorganization of the Human Settlements Regulatory Commission.
Climate Change Act of 2009 (RA 9729) mandates that the LGU plays a critical role
in the mitigation and adaptation strategy on climate change. It states that the LGU are in the
frontline in the planning, formulation and implementation of climate change action plans in
their area of responsibility provided that it is consistent with the provisions of the Local
Government Code, the Framework and the National Climate Change Action Plan (2010
-2122). The CCA law mandates that the municipal and city governments shall mobilized the
6. necessary resources and personnel in order to implement their local climate change action
plan. The provincial government are directed, along with the different national government
agencies, to provide the following: provide technical and resource assistance, provide
enforcement and information management to properly implement the local CCA plans.
The National Disaster Risk Reduction and Management Act (RA 10121) of 2010
declares that it is the mandate of the government to mainstream disaster risk reduction as well
as climate change adaptation in the development processes. This would include policy
formulation, budgeting, socioeconomic development planning and governance. This includes
areas in environment, water, agriculture, energy, health, education, poverty reduction, land
use, urban planning and public infrastructure and housing.
This law mandates the LGU’s to create a Local Disaster Risk Reduction and
Management Office (LDRRMO), whose functions includes the identification and assessment
of hazards. The LDRRMO is also mandated to produce their own Local Disaster Risk
Reduction and Management Plan (LDRRMP). This plan will identify disaster risk reduction
measures. This is should be integrated and rationalized into the Comprehensive Land Use
Plan and Comprehensive Development Plan.
There are other policies and laws which gives the LGU’s the mandate to manage and
conserve its local resources. This will include for the following laws: for protected areas we
have RA 7586( NIPAs Act); for municipal waters we have RA 8550 (Revised Fisheries
Code); for agricultural lands we have RA 8435 (Agricultural Fisheries Modernization Act);
for solid waste we have RA 9003 (Ecological Solid Waste Management Act); for Cultural
and Heritage Conservation, we have RA 10066 (National Cultural Heritage Act of 2009) and
for tourism development we have RA 9593 (National Tourism Act of 2009).
There are other laws which affect the mandate of the LGU in performing its land use
planning, policies and management functions. These includes RA 7942 (Mining Act), RA
8371 (Indigenous People’s Rights Act or IPRA), PD 705 (Revised Forestry Code), CA 141
(Public Land Act), PD 1076 (Water Code of the Philippines and the other planning guidelines
coming from DILG, DILG and NEDA.
Relationship of CLUP with National Plans and Programs
In the formulation of CLUP there are some plans and programs that have to be
considered. The countries international commitment should also be taken into consideration.
Philippine Agenda 21 (PA 21) is the national agenda for sustainable development
direction is likewise related to CLUP. It provides a framework for integrating strategies for
7. the country’s sustainable development and the identification of intervention areas from the
national to the regional level together with the corresponding implementation plans. A better
quality of life for all is the vision of PA 21 via the right democratic process that is
participatory and productive. The 5 goals of PA 21 is (1) poverty reduction (2) social equity
(3) empowerment and good governance (3) peace and solidarity and (4) ecological integrity.
The formulated CLUP should be consistent with the planning and management
principles of the National Framework for Physical Planning (2001-2030). This framework
takes into consideration food security, environmental stability and ecological integrity,
Regional Urban development, spatial integration, equitable access to physical and natural
resources, private-public sector partnership, people empowerment, market orientation and
recognition of the rights of indigenous people.
National Strategic Framework for Climate Change (2010-2022) which have been
adopted by our government as a national strategy to ensure and strengthen the adaptation of
our ecosystem and communities to climate change. This specially important in the aspect of
local land use and development plans. The adoption of the integrated ecosystem management
have been one of the adaptive measures of the country’s strategy to cope with climate change.
There is likewise a need for the formulation of a Local Climate Change Action Plan.
This will promote appropriate land use and land development policies. This are concrete
ways where we can implement climate change adaptation and disaster risk reduction and
management as well as harmonize it with the sustainable development goals. In Section 14 of
RA 9729, the LGU have been entrusted to plan, formulate and implement climate change
action plan in their respected areas provide that it should be consistent with the National
Climate Change Action Plan, National Framework Strategy on Climate Change and the Local
Government Code. This is necessary so that the concept of climate change adaptation will be
systematically integrated into the government’s development plan and policy formulation to
appropriately prepare for the impact of climate change. The Local Climate Change Action
Plan (LCCAP) should not be a separate plan, considering that LGU’s have to prepare at least
30 plans. The LCCAP should be mainstreamed into the CLUP. The Department of Interior
and Local Government have also empowered LGUs in the country for the formulation of
LCCAP. HLURB have been in the forefront of the drive to strengthen the capacity of the
LGU in the formulation of CLUP.
One of our country’s international commitment that should be consider is the
Millennium Development Goals (MGD). CLUP should be supportive and consistent to the
MGD goals, specially to MGD number 7 which is to ensure environmental sustainability.
8. Private and public land use management should be integrated because these are key MGD
indicators for rehabilitation and restoration specially areas like forest, coastal areas and other
protected areas. The above mentioned areas should be considered protected land use areas in
the enhanced CLUP.
Approaches and Principles that needs to be adopted in CLUP
There are some approaches and principles that need to be incorporated during the
preparation proceeds of CLUP. In the formulation and preparation of the CLUP, the
watershed covering ridge to reef peculiar land feature should serve as the common strategic
physical platform during planning. This will unify and integrate the frameworks which will
identify private and public strategies and policies in land use management. This includes
climate change adaptation and mitigation measures as well as disaster risk reduction. This is
due to the heightened threat of climate change as well as threats from natural and manmade
disasters. This is particularly important in the provincial level. This is where watersheds are
precisely indentified and delineated.
A properly formulated CLUP will also help in the settlement where there is conflict
between LGUs in the use of resources, part in boundary disputes in land and in water. That is
why, the inputs from NAMRIA is also crucial in the formulation of a good CLUP. NAMRIA
is the government agency that is officially mandate to give the public mapmaking services. It
also acts as the central mapping agency of the country. It is also the depository and
distribution facility of natural resources data in the form of statistics, maps and charts.
Everything should start from the uplands (Ridge) to the lowlands down to the coastal areas
(Reef). This includes the municipal water as delineated under the Fisheries Code (RA 8550).
To have an enhanced CLUP everyone should be involve this includes the state,
private sector and civil society. This will promote inclusive and expansive governance in the
CLUP formulation process. It should be inclusive, participatory, sustainable and acceptable to
the stakeholders. Furthermore it must be equitable to the different stakeholders. This allows
partnership among the civic society, local business, local government and society as a hole.
The local government units shall share with the national government the
responsibility in the management and maintenance of the ecological balance in its area of
responsibility as per Section 3 of the Local Government Code. Therefore the LGUs and the
national government are considered co-managers.
The CLUP should also be gender sensitive and responsive in accordance to our
national laws and international commitment.
9. In light of the paradigm shift to bottoms up approach, it is essential to consider the
integration of the Barangay Development Plans into the CLUP. The Barangay Development
Councils are primarily tasked to prepare the Barangay Development Plans. The Barangay
Development Plan must be submitted to the Sanguniang Barangay for review and approval.
The different Barangay Development Plans in a city or municipal plan is one of the ways
where the local government units can utilize in the process of the formulation of its CLUP.
This will harmonize the different development goals and objective of all barangays in the said
LGU. This will assist in the establishment and settlement of incompatibilities and
inconsistencies.
Top to bottom approach and be use in planning if there is an absence of barangay and
municipal development plan. The Provincial Land Use Plan, can support as basis and
framework for the creation and enhancement of the CLUP. Other national and regional plans
can likewise be utilized specially those that have been identified as key strategic development
priorities in the Regional Physical Framework and development plan of the LGU. However,
all of this needs to be reviewed and harmonized with the LGUs vision, goals and objectives.
Other plans, such as waste management plan, heritage preservation plan, coastal management
plan, forest land use plan and ancestral domain management plan must be considered and
integrated into the preparation of the CLUP.
Area and Coverage of CLUP
The CLUP shall coverage area will the political boundaries of the specific LGU. As
well as all component barangay in the LGU as well as city/municipal waters up to 15
kilometers from the shoreline of coastal LGUs. The area coverage of the LGUs CLUP shall
be based specific watershed/river basin in the LGU and other adjacent LGUs. Like in the case
of the Cagayan de Oro River basin and Tagoloan River basin. It will cover the resource in
both land and water of the specific municipality. It is also vital to consider the boundaries of
other adjacent LGUs.
The formulated CLUP shall cover a period of nine (9) year minimum. Furthermore, it
can be revisited for review every three (3) years which will coincide with the term of the
local chief executive of the LGU. The review and updating can be done by the chief
executive and other locally officials. The reviews will provide ample time and opportunity for
the incumbent and incoming elected official to the new administration’s development with
the approved CLUP.
10. CLUP Process
CLUP formulation involves a 12 step process. It should provide strategic vision,
objective and direction of the LGU. The CLUP should manifest in the different local
development plans like the Comprehensive Development Plan (CDP) and other sectoral
plans. The first step is to organize. It is necessary to assemble the personnel that will be
involve in the process, the resources that will be need as well as the support that will be
essential in the planning process. Organizing the planning team is important. This is an
important initial step to do before the actual planning activity, for a smooth implementation
of the planning process and for it to fit into the planned timeline. This is also the stage where
commitment, support and participation of Local Executive, Local legislative, Local
Development Council, Department heads and whole community are obtained. This part of the
process also aid in assessing the availability of resource such as financial, personnel, logistics
and information are readily available. The planning team needs to be organized where the
following should be in the Planning Core Group : (1) Local Planning Development
Coordinator (2) Local Planning Officer (3) Architect / Environmental Planner / Urban
Planner / ME (4) Local Disaster Risk and Management Officer (5) Local Environment and
Natural Resources Officer. Aside from the core group, a technical working group, composed
of different departments, agencies and other stakeholders, may be needed to form.
After organizing, it is also essential to identify the stakeholder that will be involved
specially those who will be affected. As discussed earlier, the process needs be an inclusive
and transparent process. This is an important step in the process, because an inclusive public
participation is a fundamental part of the planning process. This makes sure that all
stakeholders are involved in order to give and enhance the level of awareness. This will also
raise the quality of the plan. Because the stakeholders are involved it will create a sense of
ownership thereby increasing the plan’s acceptability and the success of its implementation.
This part of the process allows the active involvement of the stakeholders in the identification
of issues, evaluation and formulation of strategies to achieve its goal and vision.
The third step of the process is the setting of the vision. This is essential in the
definition of the future that we want. This will serve as the thing that will drive the LGU and
the stakeholders of the community towards the achievement of a common direction for the
development of the community. It also serves as a guide for the succeeding stages of the
planning process. The vision needs to be viable, evidence based, rational and strategic. The
newly formulated CLUP vision must be evolved into specific goals and objectives with key
outcomes and outputs. Ideally, it should be SMART: Simple, Measurable, Achievable,
11. Realistic and Time bound. There are numerous way to get the vision, this can be done
through focus group discussion, surveys, key informant interviews, town hall meetings,
community/barangay assemblies and workshops.
The 4th
step is analysing the situation. There is a need to analyse the present needs and
the projected needs of the LGU/community to ensure that the CLUP is viable, strategic and
rational. This part of the process fundamentally answers the question: Where are we now?
This involves technical and participatory methods. Technical assessment is based on data
from surveys, official publications and records from the LGUs and concerned national
agencies. Participatory assessment is data culled from focus group discussion (FGD),
community consultations and meetings, key informant interviews and multi sectoral
meetings.
The 5th
step is setting the goal and objectives of the CLUP. It should be achievable. Its
outcome and output indicators should be responsive to issues, needs and potentials of LGU.
The identified objectives and goals will aid in answering the gaps and exploit the
opportunities and build on its strengths.
The vision and situation analysis needs to be translated into it’s desired physical form.
This is the 6th
step in the formation of CLUP. This involves the creation of developmental
task and Spatial Strategies. This is critically important in ascertaining the future development
of the LGU. There is involves the translation of the vision, goals and objects into different
development strategies and scenarios. By choosing one or a combination of scenarios to serve
as framework, we can detail the future land use of the community. Inputs to the framework
may be obtained in the different sectoral, area and thematic areas. This also serves as a test to
gauge the public reaction to the different scenarios. Before development thrust and spatial
strategies are finalize, it is necessary to have public participation. There is a need to conduct a
social cost benefit analysis.
The 7th
step is to prepare the Land Use Plan. This part means, we translate the vision,
goals and objectives, development thrust and strategies into the land use plan. This is part
where land requirements and supply is determined as well as designing the basic land use
scheme. Policies that will govern the specific and water uses have to be formulated. The
planning team needs to identify the key strategic plans, programs, policies and projects that
will support the implementation of the land use plan. It basically describes how, why, when
and where to build, what areas needs to be redeveloped and preserved. The land use plan will
integrate the mandatory elements like the transportation network, public facilities, economic
development, ecological critical areas and natural hazards. Conflicts in land use have to be
12. reconciled and adjusted. The land use plan will specify the features of the development thrust
such as growth centers, residential developments and its basic services, economic
development, industrial areas, protected ecological systems and cultural heritage conservation
and city/municipal waters.
The 8th step of the process is to translate the Land Use Plan into a Zoning Ordinance
and other ordinance that will complement the implementation of the plan. This means there is
a need to specify zones in the city/municipality based on the CLUP. Since the CLUP must be
inclusive, there is a need to identify areas that needs Co-Management Agreement and inter-
LGU cooperation and coordination like in the case of a major river basin. In some areas, there
is a need to take into account the IPs. Zoning involves dividing the community into different
districts like industrial, residential, commercial, and etc. This is needed to maximize, regulate
and direct the use and development based on the formulated CLUP. The formulation of the
Integrated Zoning Ordinance will translate the CLUP into a legal tool. It will give the LGU
the mandate to enforce controls in development and restrictions in land use. The integrated
zoning ordinance needs to enforce. Candidly speaking, zoning ordinance implementation is
weak. One LGU in Misamis Oriental, built its municipal hall on a protected agricultural area.
Another LGU allowed the building of a resort on a protected mari-culture area. The
integrated Zoning Ordinance have two elements which are the Zoning Map and Zoning
Ordinance Regulatory Statement. The zoning map will serve as a graphic translation the
CLUP. With the aid of GIS, different digital maps can be overlaid one over the other.
The 9th
step of the process is to conduct Public hearing and consultation. This is a 3
stage process: display to the public and production of IECs, conduct of Public hearing and
consultation and the last is the refinement of the CLUP/ZO based the outcome of the
consultation.
The 10th step requires the LGU, through the local chief executive, to endorse and
transmit the final draft of the CLUP – ZO to the local legislative or HLURB for its review
and approval by the Provincial Land Use Committee, Regional Land Use Committee.
Additional recommendations will have to be integrated into the proposed CLUP-ZO before it
can be approve. RLUC and PLUC may include the different agencies like Climate Change
Commission for the integration of Climate Change Adaptation and Office of Civil Defence or
the Local Disaster Risk Reduction Officer for the integration of Disaster Risk Reduction.
The 11th
step is the realistic implementation of the CLUP and ZO. It needs the
establishment of inter LGU partnership and co-management agreements. It also needs to be
localize to the barangay level and community level. A good example is the waste
13. management ordinance of Gingoog City. They localized it down to the barangay and
provided IEC to successfully implement its waste management.
The l2th step requires the monitoring and evaluation of the CLUP-ZO. This step is
necessary to fully assess how effective the implementation of the plan has been. A
monitoring, review and evaluation body needs to be organized to review the CLUP-ZO for
possible updating if needed. This is actually a major activity and this needs to be re-enforced
because it tracks the achievement of the CLUP-ZO. It will serve as a guide so the LGU can focus
on their efforts and intervention to its development vision.
14. REFERENCES
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of Civil Defense, 2019
Office of Civil Defence X, Bul-og: Streams of Learning from SEndong, 2012
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Management System, 2010
Republic Act RA 10121, Implementing Rules and Regulation, 2011
UNIDSDR, Human Cost of Weather Related Disaster 1995 -2015, 2015
Forms of Community Participation in Disaster Risk Management, R. Osti K. Miyake, Nova
Science Publisher, 2011
Region 10 Disaster Risk Profile, Visminda Y. Cordero, OCD X , 2011
The SPHERE Project: Schumaker Center for Techonology and Development, Practical
Action Publishing, United Kingdom, 2011
HLURB, Supplemental Guidelines on Mainstreaming Climate and Disaster Risks in the
Comprehensive Land Use, HLURB, 2014
HLURB, CLUP Resource Book Integrating Climate Change, Adaptation and Disaster Risk
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HLURB, 2006: CLUP Guide Book Vol. 1, 2006
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