KEY ISSUES W.R.T. URBAN PLANNING GUIDELINES

Transcription

1 Land and Poverty Conference 2017: Responsible Land Governance - Towards an Evidence-Based Approach Source: Javier Mozas, Aurora Fernandez Per (2006), Density: New Collective Housing; UNHabitat 2013 NATIONAL-LEVEL URBAN PLANNING GUIDELINES: COMPARATIVE ANALYSIS OF FIVE SUB-SAHARAN AFRICAN COUNTRIES Chyi-Yun HUANG, Urban Specialist, World Bank March 20-24, 2017 KEY ISSUES W.R.T. URBAN PLANNING GUIDELINES National level strategies and policies on urban development Approach in guiding residential development in cities Standards & Specifications vs Guidance & Recommendation Classification methodology of planning parameters Considerations for informal settlements in African context Clarity and consistency of guidelines 1

2 SSA COUNTRIES FACE MANY COMMON CHALLENGES IN URBAN PLANNING Inherited legacy and inappropriate adoption of colonial and westerninfluenced planning models and regulatory codes Divorce between plans and reality Inability to build in the implementation mechanisms Insufficient consideration or even intentional disregard for informality Constrained capacity and resources Institutional fragmentation and failures Political interference and insufficient consideration of the political economy NEED FOR MORE IN-DEPTH UNDERSTANDING OF THE URBAN PLANNING REGULATIONS THEMSELVES Study Objectives: Better understand the technical approach adopted in SSA countries to guide urban development Reveal the strengths and weaknesses of the guidelines examined A first step to potentially improve them 2

3 Land Use Act (1990) 1990 The Town and Country Planning Act 1988, effective from 1991 Nigeria Urban and Regional Planning Act (1992) The National Development Planning (Systems) Act, 1994 (Act 480) 1995 The Physical Planning Act (1996) Town and Country Planning Act (1997) National Land Policy (1997) National Land Policy (1999) 2000 Kenya Housing policy (2004) 2005 Various Manuals (Structure Plan, Local Development Plan, Integrated Planning Services & Infrastructure, Urban Planning and Implementation, Participation, Urban Transport Planning) (mostly in 2006) Physical Planning Handbook, June 2007 (Subsidiary legislation of the Physical Planning (PPA) Act Chapter 286) Land Use Planning Act (2007) Urban Planning Proclamation (May 2008) National Urban Housing Policy for Rwanda (Dec 2008) National Land Use Plan (2008) National Housing Code Technical and General Guidelines (2009) Building Proclamation (May 2009) National Human Settlement Policy in Rwanda (May 2009) National Physical Planning Act (2010) 2010 Manual for the Preparation of Spatial Plans (vember 2011) New Land Lease Proclamation (v 2011) Towns and Urban Areas Act (13 of 2011) Law Governing Human Habitation in Rwanda (2011) National Physical Planning The Urban Planning and Space Standards & Guidelines (2011) Standards Regulations (2011) Urban and Regional Planners Act (2011) National Urban Policy Action Plan (May 2012); The Land Use and Spatial Planning Bill (draft 2012); Urbanization and Rural Settlement Sector Strategic Plan 2012/13-17/18 Kenya Physical Planning Act (2012) Spatial Planning and Land Use Management Bill (2012) Uganda National Land Policy (Feb 2013); Draft National Urban Policy (2013); Spatial Planning and Land Use Management Act (16 of 2013) Draft Integrated Urban Development Framework (July 2014); Spatial Development Framework Guidelines (September 2014); National Urbanisation Policy (NUP) (Dec 2015); Rwanda Urban Planning Code (2015) The Urban Planning and Space Standards Regulations (2015 draft) (Subsidiary Legislation to The Urban Planning Act) Ghana National Spatial Development Framework ( ) Kenya Physical Planning Bill (2015) Malawi National Land Use Policy (2015) Urban and Regional Planning Act (2015) 2015 National Physical Development Plan (being prepared) National Urban Policy (drafting) 3/21/2017 Recent flourish in national level urban planning related laws, regulations & guidelines Ethiopia Ghana Kenya Malawi Nigeria Rwanda South Africa Tanzania Uganda Zambia Source: Author s compilation, 2016 COMPARATIVE ANALYSIS OF 5 COUNTRIES Study Scope Qualitative comparative analysis of the formal national-level urban planning standards/guidelines Case study of five Sub-Saharan African countries Ethiopia, Uganda, Tanzania, Kenya and Rwanda. Focuses on the planning parameters for residential uses 3

4 Regional/Metropolitan/Local Level Implementation Planning National Level Infrastructure Investment - Catalysts & Early signal for development and key to realize plans - Need to prioritize, phase and consider resource constraints - Could explore PPP models as appropriate Land Supply to Market - Consider both public and private sources - Responsive to market demand and cycles and allow flexibility; - Require functional land management systems (eg. clear records, tenure security) 3/21/2017 Typical Urban Planning Instrument & Tools Constitutional and Legal Framework - National Development Plan or Strategy - Physical/Spatial Planning Act - Urban Act, Land Act and other related Acts Constitutional and Legal Framework Provides legal backing Sets out the national objectives and priorities, preferably represented spatially Defines institutional roles and responsibilities Coordination between sectors at a strategic level Spatial Development Plan & Sector Plans - City-wide and local area development plans - Primarily regulates zoning and density - Should include corresponding sector plans as layers eg. transport, housing, water, greenery, solid and liquid waste, energy etc. Spatial Development Plan Defines spatial structure with broad land use allocation (zoning) and density (FAR) Based on population & employment distribution estimates Create common knowledge and shared vision amongst stakeholders Coordinates sectors eg. transport, water, environment Safeguards land for infrastructure and amenities Includes implementation considerations and links to investment/budget/phasing plans etc A living document, to be revised periodically (~5 yrs) Local Regulations and Guidelines Development Control - Regulates height, parcel size, site coverage, setbacks, allowable use etc. - Urban Design Guidelines - Building & Construction Codes - Services Provision Standards Financing Mechanisms - Taxes/charges and subsidies - Provides incentives & disincentives - Finances administration & development Implementation, Enforcement & Management through Development Controls & Financing Mechanisms Operationalizes spatial development plans Safeguards larger public interest, balances trade-offs Provides flexibilities for developers & land owners to seek changes to planning parameters at on-going basis, based on merits of proposal & through a due process Provides incentives & disincentives for development Complement financing necessary for development Source: Author s Illustration Urban planning parameters, controls and standards work together in a 3-D way and have a direct physical implication on the urban landscape Density Configurations on A One Hectare Plot Source: Javier Mozas, Aurora Fernandez Per (2006), Density: New Collective Housing; UNHabitat 2013 Typical Planning Parameters Land use Density (FAR or plot ratio) Plot size Site/plot coverage Others eg. set-back, height, lot frontage 4

5 Classification Method 3/21/2017 Residential planning parameter comparison of 5 SSA countries Name of Official Document Physical Planning Handbook (2007) Standard or Guidance a) Housing Typology (eg. Detached/ Bungalow, Semi- Detached, Terraced/ Row House, Multi-Family, Multi-Storey) b) Density (eg. High, Medium, Low) c) Nature of Housing (eg. slums and slum rehabilitation and upgrading, low cost housing, normal housing) d) Urban Hierarchy (eg. urban core mixed use, urban sub-center residential and off-core residential or role of urban center) Source: Author s analysis, 2016 Kenya Tanzania Uganda Ethiopia Rwanda The Draft Urban Planning Regulations (2015 draft) The Urban Planning and Space Standards Regulations (2011) National Physical Planning Standards and Guidelines (2011) Urban Planning and Implementation Manual (circa 2006) Rwanda Urban Planning Code (2015) Guidance Standard Standard Standard Guidance Guidance (but without detail) (limited) (limited) (limited) (but minimum density guidance given) (in terms of urban renewal or otherwise) Ethiopia Example - not specific and does not provide specific numbers for plot size, density etc. - mainly states the principles. - only intended to serve as a guideline, not as a standard or a specification Source: Urban Planning and Implementation Manual, Government of Ethiopia 5

6 Kenyan Example - more realistic and customized - starts with defining the principle - standards are recommended and not a hard and fast rule - addresses slum and low cost housing Minimum Land/Plot Size (SqM) Maximum Plot Coverage (%) Plot Ratio rmal Housing Low density Bungalow % - Maisonette 50% 1.3 Medium density 450 Bungalow - Maisonette 65% 1:3 Multi-family 65% 1:4-1:6 dwelling 65% High density 300 Row housing % - Semi-detached % - Detached % - Low Cost Housing Detached % - Semi-detached % - Row housing % - Slums (slum rehabilitation upgrading) Detached % - Semi-detached % - Row housing % - Source: Adapted from Physical Planning Handbook, June 2007 Subsidiary legislation of the Physical Planning (PPA) Act Chapter 286 Laws of Kenya Rwanda Example - Guidance not standard - Organized according to spatial positioning or urban hierarchy - specifications of plot sizes, which are likely to be specified by a Local Land Development Plan - specific development parameters given for informal settlements, but a separate section on urban renewal stated the conditions for formalizing of existing buildings, including those developed informally Source: Rwanda Urban Planning Code

7 KEY FINDINGS/OBSERVATIONS Much efforts in instituting and updating urban development strategies and urban planning regulations in the last decade Different approaches are adopted by different countries; no best approach Generally reflect good urban planning principles Increasing appreciation of different urban conditions in residential planning parameters Move towards customizing for informal settlements or low-cost housing Need for greater clarity and consistency Need to monitor on-the-ground conditions and allow for revision or amendments when required THANK YOU Chyi-Yun HUANG Urban Specialist Africa Urban & DRM, World 7