Showing posts with label land use. Show all posts
Showing posts with label land use. Show all posts

Tuesday, November 16, 2010

Proposed a Strategic Area

strategic area district is an area prioritized spatial arrangement because it has very important influence in the scope of the district against the economic, social, cultural, and / or the environment. strategic regional planning district is directed to the development of strategic areas of economy, development of a strategic area for social and cultural interests, as well as the development of a strategic area for the purposes and functions of environmental support.

strategic areas of economic development areas in the district are directed to the integrated area. with the KWT, sectors of the economy began growing rapidly, which can be seen from the growing residential areas, commerce, industry and other social facilities. strategic location, easily recognizable, has a high level of accessibility and have the means and adequate supporting infrastructure, making the integrated area has a good prospect for development. strategic regional economic development area south cross paths. potential development of agriculture and plantations in all districts who passed across the path south. mining excavation in the district yosowilangun b, c in the district mining excavation Tempursari, candipura, sandy and tempeh. capture fisheries in coastal districts Tempursari, pasisiran, tempeh, turmeric and yosowilangun. brackish water aquaculture in the coastal districts yosowilangun. tourism beaches backed road network accessibility to the objects of tourism in the district Tempursari, pasisiran and yosowilangun. meet the needs of appropriate technologies and processes land management and pest management. strategic area development lotus agropolitan region. agribusiness commodities bananas, coffee, vegetables (potatoes). increased participation of private (investor) and the community in the development of agribusiness in the region agropolitan lotus.

repair and improvement of road conditions are broken. construction of terminals and sub-terminal. listrk network system gradually. planning of settlement and development of agro-tourism facilities, attractions that can be developed in the region include ecotourism agropolitan lotus, rest aea, homstay, viewing post, fishing and floating restaurant. development research institute of agricultural technology development to meet the needs of appropriate technologies and land management processes and handling pests.

socio-cultural region. giri location of the temple Mandara great Sewu established as a strategic area of socio-cultural because it has a high cultural value and needs to be preserved as one of the main potential in supporting the development of tourism in Lumajang.
development around the location of the temple is necessary to development restrictions based on rules concerning the management of cultural area, especially in 3 stages: 1, exploration and research, 2 preservation, conservation and restoration, 3 use of the area that is a unity that can not be separated.

strategic area of environmental preservation. directed at the area of Bromo Tengger Semeru National Park. development of nature tourism and tourism research because it has diversity and a high density of vegetation.
improving coordination among agencies that have interests in the region to avoid conflicts of interest and preserve the national park forest

Monday, November 8, 2010

terms and understanding the region

with the primary function of protected areas or cultivated, which is the geographical unity of space and all the elements related to him the limits and the system is determined based on the functional aspects as well as having certain characteristics (specific / special). region is a geographical area can be very broad or limited, such a vast forest areas and residential areas are limited.

bonded area
customs or special industrial area, serves as a place of processing goods for export purposes, restricted certain customs territory in which special provisions apply in the field of customs, the island of Batam, a bonded zone.

cultivation area
region defined by the main function to be cultivated on the basis of existing and potential natural resources, human resources, and artificial resources. areas touched by human hands in order to make it more useful and provide the results to human needs. cultivation area can be either production forests, farms, residential areas, industrial zones, bonded area, tourism area, the area places of worship, educational area, the area of defense and security and so forth.

area of cultural heritage and science
region which is the location of the building of the high value of human culture and unique natural geological forms. DKI Jakarta government's plan for the island of Onrust in 'thousand islands' as the area of cultural heritage and science.

protected forest area
forest areas that have unique properties, which can provide protection to the surrounding area as well as subordinates, as a regulator of the water system, preventing flooding and erosion and maintain soil fertility.

Saturday, October 2, 2010

PERFORMANCE AND DEVELOPMENT PERSPECTIVES IN AGROPOLITAN MODEL REGION BASED ECONOMIC DEVELOPMENT TO SUPPORT AGRIBUSINESS

The implementation of agropolytant have strong justification and considered to be a breakthrough program to strengthen the achievement of agribusiness development for the benefit of the farmers as well as regional economic development. The study consists of two main activities, i.e.: (a) To evaluate the concept and the achievement of agropolytant program; and (b) To assess the ongoing agropolytant pilot project. The strengthening of agropolytant development has to be facilitated with suitable strategic policies of domestic price stability, better accessibility to input market and processing, better urban functionality, and accelerated rural-urban flow for the benefit of rural people.
In addition, the policy of agropolytant program credit scheme (BLM) have to be complemented and facilitated with strong self-help farmer group and cooperative marketing institutional development. Agropolytant development has been able to improve farmer income, but absolutely the farmer income is still low, due to restricted resource endowment. Agropolytant program working group (Pokja) at regency level has well functionality, and Agropolytant Regional Management Agency (BPKAP) at provincial and regency level are badly needed. The existence of BPKAP will have important role in supporting the efectivity, performance, and accountability of agropolytant program. Government support have been implemented well. The achievement of those facilities have to be complemented
with proper incentive system for all parties participated in agropolytant development program

Friday, October 1, 2010

CITY DEVELOPMENT ANALYSIS PEKALONGAN RELIABLE AS ONE AREA IN CENTRAL JAVA

The research has purpose to identify characteristic of Pekalongan city as region key. They are high growth and high income, leading sector, and interrelatedness economy with other region. For this purpose, it’s used by analysis tool : Klassen Tipology, Location Quotient ( LQ ), Growth Ratio Model (GRM), Overlay, Shift Share, and Gravity Model.
The results show that Pekalongan city in the classify low growth and high income region. By using LQ analys that in Pekalongan City there are almost all sectors in Pekalongan City are leading sectors, except agriculture sector and industry sector, but by using overlay and shift share analys show those true sectors have competitive advantage and specialize two sectors only, they are trading sector and finance sector .

Thursday, September 30, 2010

land evaluation and land use planning

Land evaluation is formally defined as 'the assessment of land performance when used for a specified purpose, involving the execution and interpretation of surveys and studies of land forms, soils, vegetation, climate and other aspects of land in order to identify and make a comparison of promising kinds of land use in terms applicable to the objectives of the evaluation' (FAO, 1976.

Conceptually, land evaluation requires matching of the ecological and management requirements of relevant kinds of land use with land qualities , whilst taking local economic and social conditions into account. Land evaluation provides practical answers to such questions as "What other uses of land are physically possible and economically and socially relevant?", "What inputs are necessary to bring about a desired level of production?", and "What are the current land uses and what are the consequences if current management practices stay the same?"

Depending on the questions that need to be answered, land evaluation can be carried out at different scales (e.g. local, national regional and even global) and with different levels of quantification (i.e. qualitative vs quantitative). Studies at the national scale may be useful in setting national priorities for development, whereas those targeted at the local level are useful for selecting specific projects for implementation. Land evaluation is applicable both in areas where there is strong competition between existing land uses in highly populated zones as well as in zones that are largely undeveloped

Land evaluation is often carried out in response to recognition of a need for changes in the way in which land is currently being used. The information and recommendations from land evaluation represent only one of multiple inputs into the land use planning process (discussed in a later section of this paper), which often follows land evaluation. In turn, the land use planning process can serve to screen preliminary land use options that should be considered for land evaluation. The two processes are therefore interlinked

Land evaluation should be distinguished from land valuation (i.e. estimation of the monetary or "market" value of land for the purpose for which it is currently used, e.g. farming). It should also be distinguished from 'land capability' as used, for example, within the context of the Canada Land Inventory or the USDA land classification system. For these systems, capability is based primarily on an assessment of soil conditions to support common cultivated crops and pasture plants. The FAO land-evaluation approach, on the other hand, additionally takes into account specific crops and aspects related to land-management and socio-economic setting. The approach has been applied extensively in projects backstopped by FAO in various countries in different parts of the world for over thirty years

Wednesday, June 16, 2010

JOINT PLANNING AND LAND USE CONTROL

  1. The purpose of this section of the Agreement is to provide for the joint exercise of governmental authority by the City and Township pursuant to Minn. Stat. 471.59 and 414.0325, Subd. 5 in order to insure orderly development within the annexation area in accordance with this Orderly Annexation Agreement and the City’s Comprehensive Plan.
  2. The powers set forth herein shall be exercised by a four (4) member board consisting of two (2) City Council members appointed by the City and two (2) Township Board members appointed by the Township Board of Supervisors.
  3. The Joint Board will review official controls necessary to regulate development of property and development applications within the Orderly Annexation Area before its annexation by the City in order to insure that the property remains in a status available for development into urban density residential uses in accordance with the City’s Comprehensive Plan.
As to property within the Orderly Annexation Area after its annexation into the City, the Joint Board shall have the following delegated powers:
  1. Approve amendments to the City’s Comprehensive Plan relating to the Orderly Annexation Area;
  2. Approve the initial adoption of, amendments to, or variances from the City’s official controls relating to the Orderly Annexation Area.
  3. Approve any special assessment and sanitary sewer and water hook-up ordinance, or policy and any amendments for consistency with Section Six.
  4. Approve the Rural Service Taxing District ordinance or any amendments thereto, for consistency with Section Seven herein.
  5. Review and comment on the consistency of any development application with City’s Comprehensive Plan and Orderly Annexation Agreement.
  6. All matters subject to approval by the Joint Board shall be processed in the same manner by the City as any other such matter. Any required public hearing before the City Planning Commission or City Council shall also be noticed as a public hearing before the Joint Board.  
Final action by the City may not be taken unless the Joint Board certifies approval of the action. If the Joint Board fails to certify approval, the Joint Board Members shall designate a qualified neutral from the Minnesota Supreme Court Certified Neutrals list to conduct Alternative Dispute Resolution (“ADR”) in the form of mediation/arbitration (“Med-Arb”) or such other agreed upon ADR format. If mediation fails, the Neutral will issue a recommended decision. The Joint Board will adopt Findings of Fact and Decision consistent with the Neutral’s recommendation and supported by the.administrative record developed by the City and Joint Board. The Neutral shall base the recommended decision on the City and Joint Board administrative record, any applicable provision of the Orderly Annexation Agreement and legal principles which the Joint Board and City are required to follow in determining the matter at issue.
 7. Development applications subject only to review and comment by the Joint Board shall be processed in the same manner as all other development applications except as follows:
  1. The Joint Board shall meet before the Planning Commission completes its consideration of the application. Minutes of the Joint Board’s discussion of the application shall be included in materials submitted to the Planning Commission. No public hearing need be conducted at the Joint Board meeting;
  2. The Township Board representatives on the Joint Board shall be ex officio members of the City Planning Commission when any development application subject to the Joint Board’s review and comment is being considered, and shall be provided with all staff reports and other documentation provided to City Planning Commission members.

Thursday, June 10, 2010

GROWTH MANAGEMENT

The Growth Management Cluster of ordinances addresses how a community defines areas most appropriate to accommodate growth and areas where resources will be protected. The first tool presented is an urban growth boundary. It is used to establish a boundary between the two areas. The placement of the urban growth boundary is determined by a community through a comprehensive planning process that accounts for population growth, and commercial and industrial growth within the long-term vision of the community. The Growth Management Cluster relates directly to the Neighborhood Design Cluster. The Growth Management Cluster defines zoning districts and programs outside of the urban growth boundary. The Neighborhood Design Cluster defines zoning districts and design standards inside of the urban growth boundary. Urban services will be provided to districts inside the growth boundary to promote dense development that maximizes the community’s investment in infrastructure. Districts and programs outside the urban growth boundary are directed at promoting industries that are dependent on land-based resources agriculture and forestry) and protecting natural resources important to the community.

Wednesday, January 6, 2010

The Attorney Public Official

It is common for attorneys to seek part-time public office while still maintaining a private law practice. This situation presents yet another layer of ethical dilemmas for the lawyer/public official and for members of the lawyer's firm. The Arizona Supreme Court addressed conflicts in the Code of Professional Responsibility which on one hand encourages lawyers to engage in public service, but on the other hand contains numerous "oppressive restrictions" on such involvement. [FN29] 
 
The facts in the opinion under review were as follows:
Attorney P was elected to City B's city council, which is a part-time position. The City B council has the power to hire and fire the city court magistrates and the city attorney. The city attorney serves as the chief legal advisor to the council, the city manager, and all city departments, offices, agencies and represents the city in all legal proceedings. While the opinion addressed a number of potential representation scenarios for Attorney P and his firm, one question reviewed by the court was, "Are members of the firm prohibited from appearing before the various city boards, such as planning and zoning and the board of adjustment?" While the Committee on Professional Conduct answered this question in the affirmative, the court responded with a qualified "no." [FN30] 
 
The court cautioned that attorneys must exercise care to avoid the appearance of impropriety and stressed that when in doubt, the question should be resolved on the side of the stated ethical consideration. [FN31]
 
An opinion of the Florida Attorney General held that the state constitutional prohibition on dual office holding did not apply to an attorney who served as the chair of the county planning commission and who was hired during the same time to represent the county charter review commission. [FN32] The Attorney General based his opinion on the belief that the attorney's representation of the charter review commission constituted employment and not office holding. [FN33]
 
It is not uncommon for lawyer public officials to participate in government decision making and then, after the fact, be approached by a potential new client who happened to have appeared before the board to handle a matter. Where less than forty-eight hours after the city council voted on a zoning reclassification for certain land developers the developers then sought to retain a lawyer council member to represent them on matters including incorporation, the Washington Supreme Court held that under the "appearance of fairness" doctrine the attorney public official must decline the representation. [FN34]

Wednesday, December 2, 2009

What Is Planning or Urban and Regional Planning?

Planning or Urban and Regional Planning is a study to learn about how to plan a region and city. In planning a city turns out a lot of which must be taken into consideration by planners such as the economic, social, culture of a region and others.
Results of Urban and Regional Planning course there are many different levels, namely:
1. National Spatial Plan.
2. Provincial Spatial Plan.
3. Spatial Planning and Regional Municipality. (Spatial planning)
4. Detailed Spatial Plan (RDTR).
To be more details, please read on Spatial Law's most recent City:
Law No.26 of 2007
Next, if we want to be a scholar or expert in the field of Built Environment will need to have competence.
General competence to be possessed by graduates in the field of Built Environment is:
1. Understanding the meaning of Urban and Regional Planning
2. Understanding that the future can be oriented utopian and visionary, but also understand that the plan is a product that must be implemented
3. Capable of producing product-oriented prescriptive, ie the ability to make interventions to improve welfare in the future
4. Holds the values of humanity (humanity), defend the public interest (public interest), and to be fair (justice) and equivalent (equity) in the practice of science for the common good.
According Conyer, 1984, the definition of planning is the continuous process of decision-making or choice about how to utilize existing resources as much as possible in order to achieve certain goals in the future.
From these definitions it is in the planning of course there are elements which are:
1. Drafting means choosing
2. Planning as a tool for allocating resources
3. Planning as a means to an end
4. Planning is future oriented.
In this case, city planners are not the people who design a city, but the truth is only to provide a plan based on the principle of "supply and demand" which will be used to make the city more advanced in all fields.
Hopefully with more and more people are interested to cultivate this field, it is not likely to improve the quality of Urban Planning in Indonesia today. Hopefully.

Wednesday, November 18, 2009

What is Soil Carbon Sequestration?

Carbon sequestration occurs within – is a part of – the carbon cycle. The IPCC says “carbon cycle” is “the term used to describe the exchange of carbon (in various forms, e.g., as carbon dioxide) between the atmosphere, ocean, terrestrial biosphere and geological deposits,” in short the exchanges between reservoirs.

More specifically as to soils, the United States Department of Agriculture (USDA) answers the question, “What is soil carbon sequestration?”

"Atmospheric concentrations of carbon dioxide can be lowered either by reducing emissions or by taking carbon dioxide out of the atmosphere and storing in terrestrial, oceanic, or freshwater aquatic ecosystems. A sink is defined as aprocess or an activity that removes greenhouse gas from the atmosphere. The long-term conversion of grassland and forestland to cropland (and grazing lands) has resulted in historic losses of soil carbon worldwide but there is a major potential for increasing soil carbon through restoration of degraded soils and widespread adoption of soil conservation practices."

FAO is concerned with the effect of agriculture on climate change, the impact of climate change on agriculture and with the role that agriculture can play in mitigating climate change. Historically, land-use conversion and soil cultivation have been an important source of greenhouse gases (GHGs) to the atmosphere. It is estimated that they are responsible for about one-third of GHG emissions.

However, improved agricultural practices can help mitigate climate change by reducing emissions from agriculture and other sources and by storing carbon in plant biomass and soils. The work of FAO aims to identify, develop and promote cultural practices that reduce agricultural emissions and sequester carbon while helping to improve the livelihoods of farmers, especially in developing countries, through increased production and additional incomes from carbon credits under the mechanisms that have emerged since the Kyoto Protocol.

The main purpose of this Soil Carbon Sequestration website section is to provide information on the activities of the Land Tenure and Management Unit of FAO on soil carbon sequestration within the framework of its activities on the integrated planning and management of land resources for sustainable rural development.

The objective is to reverse land degradation due to deforestation and inadequate land use/management in the tropics and sub-tropics through the promotion of improved land use systems and land management practices which provide win-win effects in terms of economic gains and environmental benefits, greater agro-biodiversity, improved conservation and environmental management and increased carbon sequestration.

The development of agriculture during past centuries and particularly in last decades has entailed depletion of substantive soil carbon stocks created through long-term evolution. Agricultural soils are among the planet's largest reservoirs of carbon and hold potential for expanded carbon sequestration (CS), and thus provide a prospective way of mitigating the increasing atmospheric concentration of CO2. It is estimated that soils can sequester around 20 Pg C in 25 years, more than 10 % of the anthropogenic emissions.

At the same time, this process provides other important benefits for soil, crop and environment quality, prevention of erosion and desertification and for the enhancement of bio-diversity. The UN Convention to Combat Desertification(UNCCD) is concerned that extensive areas of formerly productive land, in the arid and semi arid regions in particular, have been rendered unsuitable for crop production due to ongoing land degradation.

Land degradation does not only reduce crop yields but often reduces the carbon content of agro-ecosystems, which is of concern to the UN Framework Convention on Climate Change (UNFCC). The UN Convention on Biodiversity (UNCBD) is concerned that biodiversity and conditions conducive for biodiversity are being reduced in agro-ecosystems due to the very same processes. It is therefore important to identify what important synergies can be found between these three UN conventions; UNFCC, UNCCD and UNCBD.

Carbon sequestration activities have been supported through the CDM (Clean Development Mechanism) under the Kyoto protocol with a focus on afforestation and reforestation, seen as being the most effective and readily measurable means to sequester carbon as biomass both above and below ground. In the post, Kyoto negotiations efforts are being made to give due attention to the huge carbon sequestration potentials in rangelands (Neily, Bunning, Wikes 2009) and to soil carbon sequestration (paper by al 2009).

Soil biodiversity reflects the variability among living organisms including a myriad of organisms not visible with the naked eye, such as micro-organisms (e.g. bacteria, fungi, protozoa and nematodes) and meso-fauna (e.g. acari and springtails), as well as the more familiar macro-fauna (e.g. earthworms and termites). Plant roots can also be considered as soil organisms in view of their symbiotic relationships and interactions with other soil components.

These diverse organisms interact with one another and with the various plants and animals in the ecosystem forming a complex web of biological activity. Soil organisms contribute a wide range of essential services to the sustainable function of all ecosystems. They act as the primary driving agents of nutrient cycling, regulating the dynamics of soil organic matter, soil carbon sequestration and greenhouse gas emission, modifying soil physical structure and water regimes, enhancing the amount and efficiency of nutrient acquisition by the vegetation and enhancing plant health. These services are not only essential to the functioning of natural ecosystems but constitute an important resource for the sustainable management of agricultural systems.










Land Policy and Planning

Land policy aims to achieve certain objectives relating to the security and distribution of land rights, land use and land management, and access to land, including the forms of tenure under which it is held. A land-use policy is essentially an expression of the government's perception of the direction to be taken on major issues related to land use and the proposed allocation of the national land resources over a fixed period of time. It has a production and a conservation component. A sound national land-use policy is effectively part of the enabling environment and should cover all uses of land. To achieve the policy objective of sustainable production and conservation of natural resources, governments should pursue strategies which actively promote forms of land use which are both attractive to the people and sustainable in terms of their impacts on land resources. By developing the national land-use policies through a participatory, integrated and iterative process, there is a much greater likelihood of achieving this.


In 1992, Agenda 21 recognized the need for integrated planning and management of land resources, stating that it should be a decision making process that "facilitates the allocation of land to the uses that provide the greatest sustainable benefits" (Agenda 21, paragraph 10.5). Land use planning is even more crucial today, with growing pressures from climate change, urbanization and biofuels. Much high potential land is being lost to settlements; land which previously grew food crops is being planted with feedstocks for biofuels rather than food; climate change is limiting arable cropping in drylands, reducing productivity of rangelands and increasing sea levels, creating problems in coastal areas.


In 1997, the Commission for Sustainable Development (CSD), in a special session convened to assess progress towards sustainable development (Earth Summit + 5), reiterated the needs and recommended that, at the international level, priority should go to developing and disseminating a new approach to land resources conservation and development. It specified that this approach should create social, economic and legal conditions that encourage sustainable development, meet the information needs of governments and land users, and involve all relevant institutions. This is in accordance with
FAO's responsibility as Task Manager for Chapter 10 of Agenda 21, which resulted from UNCED. During the recent sessions of CSD, a major attention was placed on Agricultural land, CSD-16 (2008) which focused on technical review and CSD -17 (2009) which focused on policy implications.


Land degraded by industry and urbanization The world's forest resources continue to be lost or degraded at an alarmingly high rate. Population growth
Sugar cane in Afghanistan

Every year 19.5 million hectares of agricultural land is converted to spreading urban centres and industrial developments, often forcing farmers onto shrinking and more marginal lands. The uncontrolled expansion of human settlements constitutes a challenge for sustainable land planning and management. Particularly the concentration of people and cities in coastal areas increases the demand for limited land resources. Coastal areas are among the most crowded regions in the world. Demands on land resources and the risks to sustainability are likely to intensify.


Population growth, economic development and urbanization are driving demands for food, water, energy and raw materials; the continued shift in human diet from cereal to animal products, requiring a higher input in land and water resources, and the recent move towards biofuels add to the demand for farm production, all of this with implications for land uses.

As for any form of agriculture, expanded biofuel production may threaten land and water resources as well as biodiversity, and appropriate policy measures are required to minimize possible negative effects. The impacts will vary across feedstocks and locations and will depend on cultivation practices and whether new land is converted for production of biofuel feedstocks or other crops are displaced by biofuels. Expanded demand for agricultural commodities will exacerbate pressures on the natural resource base, especially if the demand is met through area expansion. On the other hand, the use of perennial feedstocks on marginal or degraded lands may offer promise for sustainable biofuel production, but the economic viability of such options may be a constraint at least in the short run.


Land-use (or Land Resources) Planning


Land-use (or Land Resources) Planning is a systematic and iterative procedure carried out in order to create an enabling environment for sustainable development of land resources which meets people’s needs and demands. It assesses the physical, socio-economic, institutional and legal potentials and constraints with respect to an optimal and sustainable use of land resources, and empowers people to make decisions about how to allocate those resources.

These are matched through a multiple goal analysis and assessment of the intrinsic value of the various environmental and natural resources of the land unit. The result is an indication of a preferred future land use, or combination of uses. Through a negotiation process with all stakeholders, the outcome is improved, agreed decisions on the concrete allocation of land for specific uses (or non-uses) through legal and administrative measures, which will lead eventually to implementation of the plan.

Land-use planning at the national level

Land-use planning can be applied at three broad levels: national, district and local. These are not necessarily sequential but correspond to the levels of government at which decisions about land use are taken. Different kinds of decision are taken at each level, where the methods of planning and kinds of plan also differ. However, at each level there is need for a land-use strategy, policies that indicate planning priorities, projects that tackle these priorities and operational planning to get the work done. The greater the interaction between the three levels of planning, the better. The flow of information should be in both directions . At each successive level of planning, the degree of detail needed increases, and so too should the direct participation of the local people.

At the national level, planning is concerned with national goals and the allocation of resources. In many cases, national land-use planning does not involve the actual allocation of land for different uses, but the establishment of priorities for district-level projects.


A national land-use plan may cover:

• land-use policy: balancing the competing demands for land among different sectors of the economy food production, export crops, tourism, wildlife conservation, housing and public amenities, roads, industry;
• national development plans and budget: project identification and the allocation of resources for development;

• coordination of sectoral agencies involved in land use;

• legislation on such subjects as land tenure, forest clearance and water rights. National goals are complex while policy decisions, legislation and fiscal measures affect many people and wide areas. Decision-makers cannot possibly be specialists in all facets of land use, so the planners' responsibility is to present the relevant information in terms that the decision-makers can both comprehend and act on.

Planning at these different levels needs information at different scales and levels of generalization. Much of this information may be found on maps. The most suitable map scale for national planning is one by which the whole country fits on to one map sheet, which may call for a scale from 1:5 million to 1:1 million or larger. District planning requires details to be mapped at about 1:50000, although some information may be summarized at smaller scales, down to 1:250000. For local planning, maps of between 1:20000 and 1:5000 are best. Reproductions of air photographs can be used as base maps at the local level, since field workers and experience show that local people can recognize where they are on the photos.

Land-use planning at the district level

District level refers not necessarily to administrative districts but also to land areas that fall between national and local levels. Development projects are often at this level, where planning first comes to grips with the diversity of the land and its suitability to meet project goals. When planning is initiated nationally, national priorities have to be translated into local plans. Conflicts between national and local interests will have to be resolved.



The kinds of issues tackled at this stage include:


• the siting of developments such as new settlements, forest plantations and irrigation schemes;
• the need for improved infrastructure such as water supply, roads and marketing facilities;
• the development of management guidelines for improved kinds of land use on each type of land.

Land-use planning at the local level

The local planning unit may be the village, a group of villages or a small water catchment. At this level, it is easiest to fit the plan to the people, making use of local people's knowledge and contributions. Where planning is initiated at the district level, the programme of work to implement changes in land use or management has to be carried out locally. Alternatively, this may be the first level of planning, with its priorities drawn up by the local people. Local-level planning is about getting things done on particular areas of land - what shall be done where and when, and who will be responsible.

Bottom-up planning is initiated at the local level and involves active participation by the local community. The experience and local knowledge of the land users and local technical staff are mobilized to identify development priorities and to draw up and implement plans.

The advantages are:

• local targets, local management and local benefits. People will be more enthusiastic about a plan seen as their own, and they will be more willing to participate in its implementation and monitoring;

• more popular awareness of land-use problems and opportunities;

• plans can pay close attention to local constraints, whether these are related to natural resources or socio-economic problems;
• better information is fed upwards for higher levels of planning

The disadvantages are that:
• local interests are not always the same as regional or national interests;

• difficulties occur in integrating local plans within a wider framework;

• limited technical knowledge at the local level means technical agencies need to make a big investment in time and labour in widely scattered places;

• local efforts may collapse because of a lack of higher-level support or even obstruction.



Local people are usually those best informed of local conditions, resources and problems. However, individuals can rarely negotiate on equal terms with the organized structures of government and the private sector with which they interact. The formation of local resource management groups (LRMGs) empowers stakeholders and brings them together to coordinate and address mutually important land resource issues. When there is local “ownership”, their creativity, initiative and enthusiasm will contribute greatly to the overall outcome. Ownership translates to responsibility on the part of stakeholders and in some cases voluntary contribution of resources






Wednesday, November 4, 2009

Role of Land Use in Urban and Regional Planning

Planning land use (Land Use) was instrumental in planning the city and was instrumental in influencing land use plan decisions:
1. Planning land use act as a coordinator / manager as a creator, and as that applying any form of land use planning regulations.
2. Land use planners encourage / support the community people together to achieve mutual benefits.
3. Land use planners must work effectively in view and respond to all interests, action and cooperation with the various "players".
4. Land use planners is not just a planner but also must act as a manager, preparing and implementing regulations and build bridges of cooperation between the actors involved to achieve common goals.
5. Planners have a unique position because it is responsible for the making of plans, regulations and the process of involving the community (participation) in the preparation of plans and policy evaluation.
Land use planners is not just a planner but also must act as a manager, preparing and implementing regulations and build bridges of cooperation between the actors involved to achieve common goals.
Planners have a unique position because it is responsible for the making of plans, regulations and the process of involving the community (participation) in the preparation of plans and policy evaluation.
a. Market-oriented actors (private sector, landowners, developers, builders, brokers, etc.) who seek to profit from changes in land use.
b. Government (central, provincial, local) that represent the interests of society as a whole.
c. Interest groups, which include representatives of special interests, such as environmental protection, environmental conservation, economic development, farmers, minorities, etc., who see through the eyes of the interests of their group opponents.
The actors (stakeholders) will compete both on the content (content) as well as regulatory procedures of land, planning and development decisions. Sometimes they work together and sometimes conflicting. Planners must understand the purpose and interest of each actor.
- In theory, the actors associated with the use of land are always in conflict (incompatibility) that continually cause endless pressure on land use planning.
- In practice, the conflict is regulated through a system of rules (laws) and the system of government

Sunday, November 1, 2009

land use management

Stewardship land is a term used to refer to a branch of social policy that uses a variety of science to manage and regulate land use to run efficiently and ethically.

Many definitions are being developed to define the land use management, including the Canadian Institute of Planners defines that: "Planning [land use management] is a scientific approach, aesthetics, and regulation of land use, resources, facilities and services to ensure the efficiency of physical, economic and social development and health and welfare of urban and rural communities.

Thursday, October 8, 2009

NEED FOR A NEW APPROACH

In many countries, soils are being used with an increasing intensity to meet the needs of growing populations. Higher demands for food and increasing material expectations call for the optimization of the use of available natural resources and a more even distribution of wealth. The two major factors in this regard are land and people, the former because it is finite and the latter because their demands for land are increasing .
The relationships between land and population have an impact not only on food production and malnutrition, but also on competition for land, mismanagement and environmental degradation, mass migration and political conflicts. These issues are symptoms of a fundamental problem, ie, conflict resolution mechanisms are not coping with technologic advances and increasing population .
Over the past 20 years, FAO has prepared guidelines for land use planning [nd has gained experience in the identification of physical land constraints and remedial land interventions , the management of problem soils  and data collection/ retrieval for land evaluation and land use purposes. In the process, data collection and interpretation has advanced beyond the narrow bounds of soil science, focusing on the broader land requirements of specific crops and cropping systems.

Tuesday, March 31, 2009

When the Government Is a Former Client

Revolving door provisions typically do two things: prohibit attorneys who go from the public sector into the private sector from appearing before the governmental body for which they worked for a set amount of time (usually one or two years); and impose a lifetime ban on appearances before a governmental agency on any specific matter worked on in the public sector. The lifetime ban, depending upon its interpretation, could prove problematic for law firms who serve as municipal attorneys on retainer. For example, if an attorney drafted a local subdivision law or ordinance fifteen years ago, and no longer represents the municipality, is the lawyer or her firm prohibited from ever representing an applicant for a subdivision approval? Unless the population represented by the local government is substantial, the majority of municipalities simply employ legal counsel on retainer from local law firms (as opposed to full-time salaried employees). The political nature of the job of municipal attorney means that from election year to election year, the appointment of the local government attorney may also be up for grabs. Should municipal attorneys be prohibited from ever doing work in the jurisdiction which pertains to land-use laws that may have been drafted or written by them or their firms in the past? If this is so, it may have a chilling effect on the number of lawyers interested in municipal work.
The Code of Professional Responsibility in DR 5-108 specifically addresses conflicts of interest with respect to former clients. The Rule provides that, absent express consent upon full disclosure to a former client, a lawyer shall not, "1. Thereafter represent another person in the same or a substantially related mater in which that person's interests are materially adverse to the interests of the former client. 2. Use any confidences or secrets of the former client...." Recently, a New York appellate court, relying on DR 5-108, held that where a law firm had been retained by a municipality for approximately twenty-five years, first as counsel to the planning board and later as counsel to the village, and during that time it had been involved in the site plan law which was developed and in effect, it was precluded from representing a client before the planning board for a site plan review six years later. [FN25] The court found that given the long-standing prior representation of the village in matters which directly related to zoning and site plan review (including the fact that the law firm had drafted a recodification of the code), this was a, "... substantial related matter in which ... [petitioner's] ... interests are materially adverse to the interests of the former client."
This case has a significant impact on practitioners who retain public sector clients, especially when their retainer agreement may be terminated at will and their prior work and advice may preclude any later representation in an area where they have built a practice concentration
In reaching a somewhat different conclusion, a Virginia court held that a law firm would not be disqualified from representing a client for a rezoning before the county where the firm employs a former county attorney who was involved in land-use matters during her employ as a county attorney. [FN26] The Court determined that there was no conflict with DR 5-105 [FN27] since the citizen taxpayers who brought the suit were not clients of the former county attorney, and her former client, the county, did not challenge the representation. Furthermore, the Court found that DR 9-101 which provides that, "a lawyer shall not accept private employment in a matter in which he had substantial responsibility while he was a public employee," did not apply in this case since there was no evidence that the former county attorney was involved in rulemaking or policymaking. [FN28]

Monday, March 30, 2009

Disclosure and Recusal

Determining when disclosure alone is enough or when recusal or withdrawal is the more appropriate course of action can also be a challenge. For example, may an attorney in private practice represent clients before a planning or zoning board where her spouse sits as a member? While one may assume that the ethics inquiry is a matter solely for the municipal official, does the attorney have an obligation to disclose the relationship to
their client? Furthermore, does professionalism dictate that the lawyer attempt to ascertain whether her firm is being retained for the hearing in an effort to garner votes due to the marital status of a lawyer in the firm and a board member? In a recent opinion of the California Attorney General, it was opined that a city council may enter into a development agreement with a land developer when one of the council members is married to an attorney whose law firm represents that developer on other matters, so long as the council member discloses the interest to the council on the record, and the member does not participate in negotiating or voting upon the agreement. [FN21]
A Georgia court held that where the planning commissioner's son was a member of a law firm, even where the son had no direct involvement in the representation, the commissioner was prohibited from participating in the proceedings for the zoning application. [FN22] The court also referred to the local ethics code which prohibited a municipal officer from participating in a matter involving an interest of an immediate relative. [FN23] The court stated, "Public interest requires that Cobb County protect against improper influence or the appearance of improper influence...." [FN24] The court did not address the motives or the integrity of the lawyers involved; rather it focused on the conduct of the planning commissioner

Sunday, March 29, 2009

Conflicts as Applicable to the Law Firm

Another dilemma is presented when a municipal attorney's private law firm wishes to represent a client before a municipal board. May the firm do so without causing a conflict of interest situation for the municipal lawyer? The answer may not be so clear-cut, and may depend upon: provisions in state and local government ethics laws; the Code of Professional Responsibility; a determination as to whether the municipality will hire special outside counsel to offer advice on the matter; and an inquiry as to whether the municipal attorney will financially benefit from her firm's representation of the client before the municipality. [FN15]
In a recent New Hampshire case, the chair of a county commission was ordered disqualified from participation in a determination of public necessity prior to the initiation of eminent domain proceedings since the chair was a lawyer and his law partner was representing two of the landowners. [FN16] Since the chair had already participated in the proceeding, the court remanded the matter for a new proceeding. [FN17]
In Pennsylvania, an attorney may not represent a township in making amendments to their zoning code when a member of his law firm conducts the hearing and rules on objections. [FN18] The court warned, "All municipal adjudicative bodies must avoid unnecessary conflicts and commingling of incompatible functions whenever possible." [FN19] Since this procedure was susceptible to prejudice, it was prohibited. In relying on an opinion of the Ethics Committee of the Mississippi State Bar, the Attorney General opined that it would be a violation of the Code of Professional Responsibility for a law firm to represent a client who is seeking to establish a facility in the city while the firm has been retained to assist the city attorney in the defense of an unrelated voting rights case against the city. [FN20]

Saturday, March 28, 2009

Conflicts Between Clients

Other times, a conflict may arise when a municipal attorney is appointed on retainer, and a conflict arises between the position of a municipal client and another client. For example, it was held a violation of DR 5-105(A)(B) and (C) for a village attorney and his firm to represent the zoning board of appeals and at the same time appear as attorneys for an interest requesting relief from the ZBA. The same case held that it is also a conflict for the same attorney to file a petition challenging the determination of the board. [FN10] 
 
Similarly, the New York Attorney General opined that the counsel to a municipal water supply board may not represent a developer in applications for subdivision approval before the city planning and zoning commissions. [FN11] 
 
Disciplinary Rule 9-101 provides in part, "1. A lawyer shall not represent a private client in connection with a matter in which he participated personally and substantially as a public officer or employee...." While most people would recognize this as a "revolving door" provision, the question remains as to what exactly "personal and substantial participation" means, and whether this precludes representation years down the road. At least one state has determined that it is unethical for an attorney for the town zoning board of appeals to represent a client in a private matter before the town board. [FN12]
 
In one case, an attorney representing a borough in New Jersey began representation of a attorney did not represent the planning board, the board of adjustment or the developer during the land-use approval process, the court nonetheless held that such dual representation was forbidden as contrary to the public interest. [FN13] The court noted that the very nature of the work of a developer involves a high degree of municipal interaction. The court stated: [T]he likelihood of transactions with a municipality and the room for public misunderstanding are so great that a member of the bar should not represent a developer operating in a municipality in which the member of the bar is the municipal attorney or the holder of any other municipal office of apparent influence. [FN14] 
developer after the developer had already received final approval for his project. The attorney was retained to handle matters including mortgage financing. Although the

Thursday, March 26, 2009

Professional Ethics vs. Government Ethics

Determining the nature of a potential ethical issue is not often as easy as it appears. For example, attorneys may be functioning in more than one advisory role, and they may be subject to both professional and governmental ethical considerations. These standards may not always be in agreement with each other. What follows is a discussion on three areas of concern for the lawyer both as a professional and as an advisor to a municipality. The issues addressed below merely begin to uncover the ethical dilemmas which may confront the land-use practitioner.
A. Attorney as a Professional.
As noted in the introduction, the conduct of attorneys is governed by the code of professional responsibility
adopted by each state.
1. CONFLICTS OF INTEREST
The Code of Professional Responsibility DR 5-105 prohibits attorneys from representing clients with differing interests. Sometimes, the municipal attorney finds herself in a conflict of interest situation. For example, when a town attorney discovers a conflict between the position of the town board and the town zoning board of appeals, each municipal body would be entitled to their own legal counsel. [FN7] In Kentucky, the Attorney General opined that it is a common law conflict of interest and incompatibility of office situation for an attorney to function as an independent contractor for a municipal planning and zoning board while at the same time serving as an assistant county attorney, where the municipalities are within the county. [FN8] It is not uncommon for attorneys or law firms to represent more than one and sometimes dozens of municipalities. At times this can also test ethical limits as at least one state ethics committee has opined that it is not improper per se for a lawyer to be both the town attorney and the village attorney for a village located with the town. [FN9].

Tuesday, March 24, 2009

Applicable Ethics Rules

There are a number of places where a land-use lawyer must search for guidance on ethical dilemmas arising in the land-use context.

A. The Code of Professional Responsibility
All lawyers adhere to the code of ethics adopted by the state court system in each jurisdiction. The Code of Professional Responsibility was initially promulgated by the American Bar Association (ABA) in 1969, and contains nine cannons with myriad disciplinary rules and ethical considerations. In 1983, the ABA adopted the Model Rules of Professional Conduct which contain commentary to the Rules. States have adopted one of the two models, and in many cases made changes to reflect jurisdictional concerns. Therefore, individual state laws governing attorney conduct need to be consulted for variation and caselaw interpretation.

B. State Ethics Laws
Every state has enacted a code of ethics or a code of conduct for public employees. While some states pay minimal attention to the issue of municipal ethics (where land-use planning and zoning decisions generally take place), other states have specific statutory provisions for local government officials.

*387 C. Local Government Ethics Laws A number of states specifically authorize and/or mandate that local governments adopt their own codes of ethics. Some state statutes make specific reference to conflicts of interest in state and regional planning acts and laws. Attorneys who work for or in front of planning and zoning boards must be conversant with these rules as well as the more generally applicable rules of legal ethics, for a number of obvious reasons: (1) under a statutory or local law definition, if the lawyer represents the municipality or the board, she may be bound individually by the law; (2) lawyers counseling local entities or individuals therein must be familiar with special ethical considerations in the public sector; and (3) lawyers representing applicants before the boards need to know the applicable standards of ethical conduct to best serve the interests of their clients.

D. Ethics Committees and Commissions
In addition to the codes and local laws, there are special committees and commissions which may provide formal and informal opinions on professional and government ethics. These include committees of the American Bar Association, state bar associations, the Federal Bar Association, state ethics commissions or boards, and local government ethics boards. These opinions at the state and association levels may be available through online research databases, through subscription services, and in some cases, on the Internet. Opinions from local ethics committees may be more of a challenge to research.

E. State Attorneys General and Comptrollers
The state attorney general and comptroller may also offer formal and informal opinions to  municipal officials and municipal attorneys on a wide variety of ethics issues including conflicts of interest and compatibility of dual office holding. These opinions are published, readily available online, and serve as a useful source of insight into the application and interpretation of constitutional, statutory, and common law ethics principles.

F. Other Professional Organizations
Finally, if your client is the municipality and you represent the professional planning staff, both the American Planning Association and the American Institute of Certified Planners have issued guidance documents on appropriate ethical conduct for planning. In addition, other professionals who may come into contact with the municipality with respect to a land-use matter may also be governed by a code of ethics from their professional association (e.g., architects, [FN4] engineers, [FN5] and realtors [FN6]).