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Laws and Trends in Urban Planning

This document summarizes several key laws and policies related to urban planning in the Philippines. It outlines Presidential Decree No. 1308 which regulates environmental planning, Republic Act No. 7279 which establishes a comprehensive urban development and housing program, and House Bill No. 5240 which proposes a national land use management act. It also describes Executive Order No. 72 regarding preparation of Comprehensive Land Use Plans by local governments and Memorandum Circular No. 54 governing reclassification of agricultural lands. The laws and policies aim to regulate land use planning and management, promote sustainable urban development and housing access, and balance different land use needs.

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Trisha Llames
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75% found this document useful (4 votes)
4K views13 pages

Laws and Trends in Urban Planning

This document summarizes several key laws and policies related to urban planning in the Philippines. It outlines Presidential Decree No. 1308 which regulates environmental planning, Republic Act No. 7279 which establishes a comprehensive urban development and housing program, and House Bill No. 5240 which proposes a national land use management act. It also describes Executive Order No. 72 regarding preparation of Comprehensive Land Use Plans by local governments and Memorandum Circular No. 54 governing reclassification of agricultural lands. The laws and policies aim to regulate land use planning and management, promote sustainable urban development and housing access, and balance different land use needs.

Uploaded by

Trisha Llames
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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FAR EASTERN UNIVERSITY

Institute of Architecture and Fine Arts


Nicanor Reyes Sr. St., Sampaloc, Manila

LLAMES, Trisha Mae M. / SPTLZN251 / Sec 2

Laws About Urban Planning

1. Presidential Decree No. 1308: "Law Regulating the Environmental Planning


Profession in the Philippines."
Declared on March 2, 1978. The law states the regulation of the environmental planning
profession including the defining the scope of practice, creation of a Board of Environmental
Planning, instructions about examination and registration, and enforcement of decree and penal
provisions.
Sec. 2. Definition of Terms.
(a) Environmental planning refers to activities concerned with the management and
development of land, as well as the preservation, conservation, and rehabilitation of the
human environment.
(b) The Term "environmental planner", as used in this Decree, refers to a person engaged
in the practice of environmental planning and duly registered with the Board of
Environmental Planning in the Manner herein provided.
Sec. 3. Scope of Practice. the practice of environmental planning, within the meaning and
intent of this Decree shall embrace, inter alia, professional services in the form of technical
consultation, plan preparation, and/or implementation involving the following:
(a) Development of a community, town, city, or region;
(b) Development of a site for a particular need such as housing, centers for activities
concerned with research, education, culture, recreation, or government, industrial estates,
agriculture, and water resources, including creating a spatial arrangements of buildings,
utilities and communication routes;
(c) Land use and zoning plans for the management and development preservation,
conservation, rehabilitation, and control of the environment; and
(d) Pre-investment, pre-feasibility, and feasibility studies.

2. Republic Act No. 7279: "Urban Development and Housing Act of 1992."
An act to provide for a comprehensive and continuing urban development and housing program,
establish the mechanism for its implementation, and for other purposes.
Sec. 2. Declaration of State Policy and Program Objectives. — It shall be the policy of the
State to undertake, in cooperation with the private sector, a comprehensive and continuing
Urban Development and Housing Program, hereinafter referred to as the Program, which
shall:
FAR EASTERN UNIVERSITY
Institute of Architecture and Fine Arts
Nicanor Reyes Sr. St., Sampaloc, Manila

(a) Uplift the conditions of the underprivileged and homeless citizens in urban areas and
in resettlement areas by making available to them decent housing at affordable cost, basic
services, and employment opportunities;
(b) Provide for the rational use and development of urban land in order to bring about the
following:
(1) Equitable utilization of residential lands in urban and urbanizable areas with particular
attention to the needs and requirements of the underprivileged and homeless citizens and
not merely on the basis of market forces;
(2) Optimization of the use and productivity of land and urban resources;
(3) Development of urban areas conducive to commercial and industrial activities which
can generate more economic opportunities for the people;
(4) Reduction in urban dysfunctions, particularly those that adversely affect public health,
safety and ecology; and
(5) Access to land and housing by the underprivileged and homeless citizens;
(c) Adopt workable policies to regulate and direct urban growth and expansion towards a
dispersed urban net and more balanced urbanrural interdependence;
(d) Provide for an equitable land tenure system that shall guarantee security of tenure to
Program beneficiaries but shall respect the rights of small property owners and ensure the
payment of just compensation;
(e) Encourage more effective people's participation in the urban development process;
and
(f) Improve the capability of local government units in undertaking urban development and
housing programs and projects.

3. House Bill No. 5240: “National Land Use and Management Act of the Philippines”
Submitted by the Special Committee on Land Use on March 13, 2017. The bill proposed a
standardized classification of land into four areas:
a) protection of land use;
b) production land use;
c) settlements development; and
(d) infrastructure development.
It also mandates the institutionalization of land use and physical planning that shall promote and
ensure the following elements:
FAR EASTERN UNIVERSITY
Institute of Architecture and Fine Arts
Nicanor Reyes Sr. St., Sampaloc, Manila

1) Maintenance and preservation of environmental integrity and stability;


2) Sustainable and just management and utilization of natural resources;
3) Disaster risk reduction and climate risk-based planning;
4) Protection of prime agricultural lands for food security;
5) Sustainable development and management of water resources;
6) Improved access to affordable housing;
7) Energy security or energy self-sufficiency.
The bill also seeks the creation of the National Land Use Policy Council (NLUPC) as the highest
policy-making body for land use and management.

4. Executive Order No. 72: Providing for the preparation and implementation of the
Comprehensive Land Use Plans (CLUPs) of Local Government Units pursuant to the
Local Government Code of 1991 and other pertinent laws.
SECTION 1. Plan formulation or updating. – (a) Cities and municipalities shall continue to
formulate or update their respective comprehensive land use plans, in conformity with the
land use planning and zoning standards and guidelines prescribed by the HLRB pursuant
to national policies.
As a policy recommending body of the LGU, the city or municipal development council
(CDC/MDC) shall initiate the formulation or updating of its land use plan, in consultation with
the concerned sectors in the community. For this purpose, the CDC/MDC may seek the
assistance of any local official or field officer of NGAs operating in the LGU.
The city or municipal planning and development coordinator (CPDC/MPDC) and/or the city
or municipal agriculturist, if there is any, shall provide the technical support services and
such other assistance as may be required by the CDC/MDC to effectively carry out this
function.
The comprehensive land use plan prepared by the CDC/MDC shall be submitted to the
sangguniang panlungsod or sangguniang bayan, as the case may be, for enactment into a
zoning ordinance. Such ordinance shall be enacted and approved in accordance with
Articles 107 and 108 of the Implementing Rules and Regulations (IRR) of the LGC.
(b) The comprehensive land use plans of component cities and municipalities shall be
formulated, adopted, or modified in accordance with the approved provincial comprehensive
land use plans.
(c) Cities and municipalities of Metropolitan Manila shall continue to formulate or update
their respective comprehensive land use plans, in accordance with the land use planning
and zoning standards and guidelines prescribed by the HLRB pursuant to EO 392, S. of
1990, and other pertinent national policies.
FAR EASTERN UNIVERSITY
Institute of Architecture and Fine Arts
Nicanor Reyes Sr. St., Sampaloc, Manila

(d) Provinces shall formulate and update their respective comprehensive land use plans in
accordance with the national standards and guidelines.

5. Memorandum Circular No. 54: Prescribing The Guidelines Governing Section 20 Of


Ra 7160 Otherwise Known As The Local Government Code Of 1991 Authorizing Cities
And Municipalities To Reclassify Agricultural Lands Into Non-Agricultural Uses
SECTION 1. Scope and Limitations. – (a) Cities and municipalities with comprehensive land
use plans reviewed and approved in accordance with EO 72 (1993), may authorize the
reclassification of agricultural lands into non-agricultural uses and provide for the manner of
their utilization or disposition, subject to the limitations and other conditions prescribed in
this Order.
(b) Agricultural lands may be reclassified in the following cases:
(1) when the land ceases to be economically feasible and sound for agricultural
purposes as determined by the Department of Agriculture (DA), in accordance with
the standards and guidelines prescribed for the purpose; or
(2) where the land shall have substantially greater economic value for residential,
commercial, or industrial purposes as determined by the sanggunian concerned,
the city/municipality concerned should notify the DA, HLRB, DTI, DOT and other
concerned agencies on the proposed reclassification of agricultural lands
furnishing them copies of the report of the local development council including the
draft ordinance on the matter for their comments, proposals and recommendations
within seven (7) days upon receipt.
(c) However, such reclassification shall be limited to a maximum of the percentage of the
total agricultural land of a city or municipality at the time of the passage of the ordinance as
follows:
(1) For highly urbanized and independent component cities, fifteen percent (15%);
(2) For component cities and first to third class municipalities, ten percent (10%);
and (3) For fourth to sixth class municipalities, five percent (5%).
(d) In addition, the following types of agricultural lands shall not be covered by the said
reclassification :
(1) Agricultural lands distributed to agrarian reform beneficiaries subject to Section
65 of RA 6557;
(2) Agricultural lands already issued a notice of coverage or voluntarily offered for
coverage under CARP.
(3) Agricultural lands identified under AO 20, s. of 1992, as nonnegotiable for
conversion
FAR EASTERN UNIVERSITY
Institute of Architecture and Fine Arts
Nicanor Reyes Sr. St., Sampaloc, Manila

(e) The President may, when public interest so requires and upon recommendation of the
National Economic Development Authority (NEDA), authorize a city or municipality to
reclassify lands in excess of the limits set in paragraph (d) hereof. For this purpose, NEDA
is hereby directed to issue the implementing guidelines governing the authority of cities and
municipalities to reclassify lands in excess of the limits prescribed herein.

6. Executive Order No. 124 - Establishing Priorities And Procedures In Evaluating Areas
For Land Conversion In Regional Agricultural/Industrial Centers, Tourism
Development Areas And Sites For Socialized Housing.
SECTION 1. Definition of Priority Development Areas for Land Conversion.
Priority development areas for land conversion are (a) specific sites in regional agri-
industrial centers/regional industrial centers (RAICs/RICs) identified by the Department of
Trade and Industry (DTI) and the Department of Agriculture (DA); (b) tourism development
areas (TDAs) identified by the Department of Tourism (DOT) as indicated in the current
Medium Term Philippine Development Plan, and (c) sites identified by the local government
units (LGUs) for socialized housing, which are presently used for agricultural purposes and
which need conversion approval from the Department of Agrarian Reform (DAR).
SECTION 2. Institutional Mechanisms and Procedures for the Evaluation of Priority
Development Areas.
2.1. Sites in RAICs/RICs and Tourism Development Areas
(a) The Regional Land Use Committees (RLUCs) shall be primarily responsible for the
evaluation of priority development areas for land conversion as identified by the DTI, DA
and DOT. The evaluation shall be undertaken in close coordination with Local Government
Units (LGUs) concerned. For this purpose, the Regional Development Councils (RDCs) and
the Cordillera Executive Board (CEB) of the Cordillera Administration Region (CAR) are
hereby ordered to convene their respective RLCUs. The Regional Planning and
Development Board (RPDB) of the Autonomous Region in Muslim Mindanao (ARMM) is
likewise ordered to do the same.
(b) The Regional Director of the National Economic and Development Authority shall serve
as Chairman of the RLUC, except in the case of the ARMM where the Head of the Regional
Planning and Development Office (RPDO) shall serve as the RLUC Chairman. The RLUCs
shall have as members the Regional directors of the Departments of Agriculture, Agrarian
Reform, Environment and Natural Resources, Interior and Local Governments, Public
Works and Highways, Science and Technology, Transportation and Communications,
Trade and Industry, Tourism, and the Housing and Land Use Regulatory Board. In addition,
it shall have two representatives from non-government organizations, people’s
organizations and the private sector to be selected by their respective RDC, CEB or RPDB.
For this purpose, the Housing and Urban Development Coordinating Council (HUDCC) shall
be the Co-Chairman. In addition, a Vice-Chairman shall be selected from among the
members of the RLUC.
FAR EASTERN UNIVERSITY
Institute of Architecture and Fine Arts
Nicanor Reyes Sr. St., Sampaloc, Manila

(c) The RLUCs are empowered to call upon any government agency, including government
owned or controlled corporations and other government entities, to assist in their work.
(d) The RLUCs and concerned government agencies shall evaluate whether the priority
development areas for land conversion are: i) non-negotiable for conversion, as provided
for in AO 20, s. 1992, as determined by the Department of Agriculture (DA); and ii) already
distributed subject to Sec. 65 of RA 6657 or covered by a notice of acquisition or voluntarily
offered for coverage under the Comprehensive Agrarian Reform Program (CARP), as
determined by the DAR. In case a site falls within these areas, alternative industrial or
tourism sites shall be identified by the RLUC in close coordination with concerned LGU and
lead agencies.
(e) The RLUCs, through their respective RDCs, CEB or RPDB, shall submit their
recommendations to the National Land Use Committee (NLUC) within three months upon
submission of the proposed sites. Thereafter, the NLUC shall make the necessary
recommendations for the review and approval of the DAR Secretary.
7. Commonwealth Act. No. 141: “The Public Land Act”

Section6. The President, upon the recommendation of the Secretary of Agriculture and
Commerce, shall from time to time classify the lands of the public domain into —

(a) Alienable or disposable;


(b) Timber, and
(c) Mineral lands,

and may at any time and in a like manner transfer such lands from one class to another, for
the purposes of their administration and disposition.
Section9. For the purpose of their administration and disposition, the lands of the public
domain alienable or open to disposition shall be classified, according to the use or purposes
to which such lands are destined, as follows:

(a) Agricultural
(b) Residential commercial industrial or for similar productive purposes
(c) Educational, charitable, or other similar purposes
(d) Reservations for town sites and for public and quasi-public uses.

The President, upon recommendation by the Secretary of Agriculture and Commerce, shall
from time to time make the classifications provided for in this section, and may, at any time
and in a similar manner, transfer lands from one class to another.
FAR EASTERN UNIVERSITY
Institute of Architecture and Fine Arts
Nicanor Reyes Sr. St., Sampaloc, Manila

Environmental Laws:
8. Climate Change Act of 2009 (CCA)
and its amending law seeks to build national and local resilience to climate change related
disasters and protect and advance the people’s right to a healthful ecology. It compels the
government to stabilize greenhouse gas (GHG) concentrations at a level that prevents dangerous
human interference with the climate system. This is to ensure that food production is not
threatened and that economic development proceeds in a sustainable manner.
9. Presidential Decree No. 1152 : Philippine Environmental Code
Section 23. National Land Use Scheme. The Human Settlements Commission, in
coordination with the appropriate agencies of the government, shall formulate and
recommend to the National Environmental Protection Council a land use scheme consistent
with the purpose of this Title.
Section 24. Location of Industries. In the location of industries, factories, plants, depots and
similar industrial establishments, the regulating or enforcing agencies of the government
shall take into consideration the social, economic, geographic and significant environmental
impact of said establishments.
Section 35. Measures to Mitigate Destructive Effects of Calamities. The national
government, through the Philippine Atmospheric, Geophysical and Astronomical Services
Administration, shall promote intensified and concerted research efforts on weather
modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural
phenomena in order to bring about any significant effect to mitigate or prevent their
destructive effects.
Section 46. Sanitary Landfills. Local governments, including private individuals,
corporations or organizations may operate one or more sanitary landfills. Any entity
proposing to operate a sanitary landfill shall submit to the appropriate government agency
an operational work plan showing, among other things, a map of the proposed work location,
disposal areas for rubbish, garbage, refuse and other waste matter; and the equipment or
machinery needed to accomplish its operations. In no case shall landfill or work locations
under this Section be located along any shore or coastline, or along the banks of rivers and
streams. lakes throughout their entire length, in violation of any existing rules and
regulations.
Section 48. Disposal Sites. The location of solid waste disposal sites shall conform with
existing zoning; land use standards, and pollution control regulations.
FAR EASTERN UNIVERSITY
Institute of Architecture and Fine Arts
Nicanor Reyes Sr. St., Sampaloc, Manila

10. Presidential Decree No. 953: Requiring The Planting Of Trees In Certain Places And
Penalizing Unauthorized Cutting, Destruction, Damaging And Injuring Of Certain
Trees, Plants And Vegetation
Section 1. The following shall plant trees:
1. Every person who owns land adjoining a river or creek, shall plant trees extending at
least five meters on his land adjoining the edge of the bank of the river or creek, except
when such land, due to its permanent improvement, cannot be planted with trees;
Section 2. Every owner of land subdivided into residential/commercial/industrial lots after
the effectivity of this Decree shall reserve, develop and maintain not less than thirty
percent (30%) of the total area of the subdivision, exclusive of roads, service streets and
alleys, as open space for parks and recreational areas.
No plan for a subdivision shall be approved by the Land Registration Commission or any
office or agency of the government unless at least thirty percent (30%) of the total area of
the subdivision, exclusive of roads, service streets and alleys, is reserved as open space
for parks and recreational areas and the owner thereof undertakes to develop such open
space, within three (3) years from the approval of the subdivision plan, in accordance with
the development plan approved by the Bureau of Forest Development and to maintain
such parks and recreational areas.
11. Republic Act No. 9275: “Clean Water Act of 2004”
SECTION 17. Programmatic Environmental Impact Assessment. - The Department shall
implement programmatic compliance with the environmental impact assessment system,
as in the following types of development:
a) development consisting of a series of similar projects, or a project subdivided into
several phases and/or stages whether situated in a contiguous area or geographically
dispersed; and
b) development consisting of several components or a cluster of projects co-located in an
area such as an industrial estate, an export processing zone, or a development zone
identified in a local land use plan.
Programmatic compliance with the environmental impact assessment system shall be
guided by carrying capacity assessments determined from ecological profiles. Ecological
profiles shall Identify environmental constraints and opportunities in programmatic areas.
Programmatic assessment shall also take into account cumulative impacts and risks.
Consistent with the provisions of the Local Government Code, the Department may enter
into agreement with LGUs to incorporate programmatic environmental impact assessment
into the preparation, updating or revision of local land use plans and area development
plans.
FAR EASTERN UNIVERSITY
Institute of Architecture and Fine Arts
Nicanor Reyes Sr. St., Sampaloc, Manila

Cultural Heritage:
12. Republic Act No. 10066: “National Cultural Heritage Act of 2009"
Section 3. Definition of Terms. - For purposes of this Act, the following terms shall be defined
as follows:
(a) "Adaptive reuse" shall refer to the utilization of buildings, other built-structures and sites
of value for purposes other than that for which they were intended originally, in order to
conserve the site, their engineering integrity and authenticity of design.
(d) "Archaeological area" shall refer to any place, whether above or under ground,
underwater or at sea level, containing fossils, artifacts and other cultural, geological,
botanical, zoological materials which depict and document culturally relevant
paleontological, prehistoric and/or historic events.
(f) "Built heritage" shall refer to architectural and engineering structures such as, but not
limited to, bridges, government buildings, houses of ancestry, traditional dwellings, quartels,
train stations, lighthouses, small ports, educational, technological and industrial complexes,
and their settings, and landscapes with notable historical and cultural significance.
(q) "Heritage zone" shall refer to historical, anthropological, archaeological, artistic
geographical areas and settings that are culturally significant to the country, as declared hy
the National Museum and/or the National Historical Institute.

(s) "Historical landmarks" shall refer to sites or structures that are associated with events
or achievements significant to Philippine history as declared by the National Historical
Institute.

(t) "Historical monuments" shall refer to structures that honor illustrious persons or
commemorate events of historical value as declared by the National Historical Institute.

(u) "Historical shrines" shall refer to historical sites or structures hallowed and revered for
their history or association as declared by the National Historical Institute.

(v) "Historical street name" shall refer to a street name which has been in existence for at
least fifty (50) years and over time has been considered historic.

Section 4. Categories. - The cultural property of the country shall be categorized as


follows:

(a)National cultural treasures;


(b)Important cultural property;
(c)World heritage sites;
(d)National historical shrine;
(e)National historical monument; and
(f)National historical landmark.
FAR EASTERN UNIVERSITY
Institute of Architecture and Fine Arts
Nicanor Reyes Sr. St., Sampaloc, Manila

Current Trends in Urban Design

1. Transit Oriented Development

There have been big investments in public transportation in North America cities with the planned
emphasis on not only moving people efficiently, but also leveraging the investments to initiate
urban transformation. Transit Oriented Development is defined as the production of compact,
walkable, pedestrian-oriented, mixed-use communities centered around high-quality public
transport systems. This makes it possible to live in an urban location without relying on a car. It
has developed out of a search for solutions to traffic congestion and a growing desire for a higher
quality urban lifestyle, combined with a growing trend toward lower car use. With the planned light
rail line from the CBD to the airport, Auckland is taking a serious look at how to implement this
concept, and Stantec is lending our global expertise to these efforts.
2. Walking, Cycling and Public Transportation
FAR EASTERN UNIVERSITY
Institute of Architecture and Fine Arts
Nicanor Reyes Sr. St., Sampaloc, Manila

Over-dependence on cars had result to emergence of alternatives. We are seeing urban planning
tilt away from the car and its corresponding infrastructure as the dominant transport mode. It is
anticipated that walking, cycling routes and public transport have become common for
commuters, especially for younger people who usually don’t own cars and choose to live car-free
and walk, bus or train. In addition, the availability of Uber and carshare services mean that people
don’t need to own a car even for supermarket trips. In a planning perspective, this will result to
not needing of large areas for parking, increasing land for development. This also supports
pedestrian-oriented urban reform.
3. Sustainability

With the problems of climate change, urban planning now includes sustainability and the
minimization of environmental effects earlier as an essential element of the planning process.
These include such things as bold new ways to curb urban growth boundaries, design for carbon
reduction using more sustainable materials, HVAC systems, water conservation, environmentally
friendly landscaping, and construction methods. The idea of building with climate resilience in
mind will also become more important. It helps adapt to environmental change or grow back from
a disaster. This trend in energy conservation and sustainability is synching with technology as we
see an increased emphasis on intelligent buildings to monitor resource consumption, boost
efficiency and reduce energy costs.

4. Smart Cities
Technology is taking a vital role as planners think of how a city should work. Technology can
help lower carbon footprint, lower costs and resilient infrastructures and also automation.
Benefits of automation includes better security, helping first responders to a disaster or crime,
and better cooperation with public transportation.
FAR EASTERN UNIVERSITY
Institute of Architecture and Fine Arts
Nicanor Reyes Sr. St., Sampaloc, Manila

5. Public Open Spaces

Urban planning are now focusing on the importance of public and open spaces not only as an
aesthetic element but also from a money value. Access to open spaces and parks with walking,
biking and jogging paths adds to increase rents and property values. Public open spaces also
increase overall quality of life and wellness of citizens by promoting walking, cycling and
relaxing. Common areas built around housing allow people places where they can safely relax
and people watch. These public spaces can also include sitting areas with internet connectivity
where people can work or relax. In addition these spaces include plants, water features, public
art, exercise equipment, playgrounds, and pet parks.
FAR EASTERN UNIVERSITY
Institute of Architecture and Fine Arts
Nicanor Reyes Sr. St., Sampaloc, Manila

References:

• http://www.chanrobles.com/presidentialdecrees/presidentialdecreeno1308.html#.Xb6lp5ozbtQ
• http://www.hudcc.gov.ph/sites/default/files/styles/large/public/document/RA%207279.pdf
• https://news.mb.com.ph/2017/07/04/house-approves-national-land-use-bill-on-3rd-reading/
• https://www.officialgazette.gov.ph/1993/03/25/executive-order-no-72-s-1993/
• http://hlurb.gov.ph/wp-content/uploads/laws-and-issuances/mc_54.pdf
• https://www.officialgazette.gov.ph/1993/09/08/executive-order-no-124-s-1993/
• https://www.lawphil.net/statutes/presdecs/pd1977/pd_1152_1977.html
• http://www.chanrobles.com/commonwealthacts/commonwealthactno141.html#.Xb7FX5ozbtR
• https://littlemissurbanite.com/2016/07/05/the-enp-board-review-series-part-7-laws-governing-
environmental-planning/
• https://www.lawphil.net/statutes/presdecs/pd1976/pd_953_1976.html
• https://www.lawphil.net/statutes/repacts/ra2004/ra_9275_2004.html
• https://www.lawphil.net/statutes/repacts/ra2010/ra_10066_2010.html
• https://www.rmla.org.nz/2018/10/11/trends-in-urban-planning-whats-on-the-horizon-for-our-
cities/
• https://tomorrow.norwalkct.org/four-urban-development-trends-2019/

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