LEGAL INSTRUMENTS & GUIDING FRAMEWORKS FOR PLANNERS

A REPORT

SUBMITTED BY:
GUNGUN SHIVANI CHOUHAN BARKHA SHRIVASTAVA PURVA SAXENA 091110201 091110202 091110203 091110204

LEGAL INSTRUMENTS & GUIDING FRAMEWORKS FOR PLANNERS

THE BASIS OF PLANNING PRICIPLES AND THEORIES:

Laws, regulations, plans, and institutional frameworks should form the basis of planning. If existing instruments are not realistic, or are contributing to informality, use the planning process as an opportunity to improve them. The planning process needs high-level support, active leadership from the government agencies that will actually implement the plans, and involvement from local communities in any aspect.

TECHNICAL ISSUES
IS THERE TIME FOR PLANNING? Planning as a process is inevitable in a reconstruction scenario, whether the decision is to just rebuild houses or to achieve comprehensive development resilient to future disasters. The key questions are: How detailed will the planning process be? Will the planning process enable reconstruction or become an impediment in itself? These questions are answered by defining the planning process. We may plan for simple housing layouts where land is available or we may take affected communities through a properly structured planning process, which results in communities expressing their needs and aspirations. While the latter takes more time, the time required can be managed by synchronizing outputs with the reconstruction process, as described below. Is There Information for Planning? Lack of information is frequently put forward as a reason to forgo planning, and the disaster may have worsened an already inadequate situation by destroying information or making access to it more difficult. But supplementary information can be readily mobilized using various means, including information technologies and participatory data-gathering methods. Lack of information should almost never be a reason not to plan Is There Capacity for Planning? Lack of institutional capacity often discourages decision makers from attempting a planning process. While a planning process usually presumes both the existence of a legal and institutional framework to mandate the process and the professional capacity to implement the prepared plans, these are not absolute prerequisites. Various pragmatic approaches have been tried out in post-disaster situations under less than ideal circumstances. No matter the scale of the planning exercise or whether it is used to update plans or develop new ones, good planning principles should guide the process.

The best principles for planning are those that both professional planners and the community agree on and those that embody the large development vision for the locality.

Some principles to be considered are discussed below at the town level Plan for growth: Land use planning may be done to reallocate existing land uses in the short term, but it generally has a longer, more prospective focus, especially in urban areas that are growing or whose growth may be affected by the disaster. Planning for the future relies on assumptions about population change and future demands for land and services. For this reason, developing reliable projections of population and use of services (such as highway traffic) is an essential early step in the land use planning process. Restore connectivity: Restoration of the social and economic linkages is important for revival of communities. Transportation, communication, and road networks must be priority items in reconstruction so that they can transport labor and material for reconstruction. Connectivity at the local level will make mobility easy for all means of transportation, including walking and bicycles, and will support livelihood activities. Consolidate unused land: Since reconstruction requires land, plans may be needed to consolidate land so that it can be made available for development. Unused public land and abandoned industrial land are two sources to be considered. Improve energy efficiency and consider environmental impact: Reconstruction presents excellent opportunities to promote housing designs, development patterns, and neighborhood layouts that lower energy consumption and encourage a lifestyle that has a low impact on the environment. Even landscaping and house orientation contribute to these goals and should be carefully planned. Create development nodes: Relocated and rehabilitated settlements should be planned so that they are attractive for investment and development. Providing quality public services and sites for services and other land uses desired by residents will help new settlements become vibrant communities. Reconstruct strategic towns: Economic centers that serve as growth engines should be reconstructed as early as possible. Strategic towns and cities absorb population, generate employment and nonwage economic opportunities, and provide social services to affected people. Even if such cities have the capacity to meet the needs of their own population and support other villages and towns, they may need assistance to plan reconstruction. PLANNING IS A TEAM PROJECT.

THE KEY ACTORS IN A PLANNIBG PROCESS AND THEIR ROLES: 1. CENTRAL OR NATIONAL GOVERNMENT: invoke federal/national law, only where the situation warrants Mobilize the relevant government agencies to undertake, commission and supervise planning Provide funding or support for accessing international funding Provide specialised technical expertise if required Ensure public investments conform to plans and codes 2. STATE OR PROVINCIAL GOVERNMENT: Provide legal mandate for the plans Create the policy environment in which the plans are prepared Mobilize the relevant government agencies, including regional entities, to guide and support the planning process. If regional planning is required, carry out the planning process 3. LOCAL GOVERNMENT Carry out the planning process at the local level Create structures to enable meaningful community participation Approve plans and establish the regulatory framework for implementation 4. COMMUNITY Participate in the land use, physical, and strategic planning process Develop a collective vision for the future of the community Arrive at a consensus on policy issues that cut across communities 5. PROVIDE FACILITATORS (planners, NGOs, and other intermediaries) Interpret government policies to set out the agenda for planning Educate the community on planning imperatives and the policy framework Develop and carry out projects that comply with plans and codes 6. TECHNICAL EXPERTS Carry out technical investigations, data collection, and analysis to support planning Develop technical recommendations and options Assist with implementation of plans and codes

THE PROCESS IN INDIA:

PLANNING PROCESS IN INDIA: The planning process in India has both a hierarchic and interactive character since we operate within a framework of a federal democratic political structure .

The plan, as it is formulated, has 3 distinctive components:

A long term perspective plan A five year plan Annual plans

REGULATIONS/CODES & RULES

Building Bye-laws/Regulations Urban Development Controls Various Acts like Encroachment act or Land Acquisition Acts Development Plans Urban Design Regulations/Form based codes

TOWN & COUNTRY PLANNING

In Madhya Pradesh, the main function and activity of Town & Country planning are governed under MP Nagar Thata Gram Nivesh Adhiniyam 1973 and rules prepared there under eg MP Nagar Tatha Gram Nivesh Niyam 1975 and MP Bhumi Vikas Niyam 1984. The main functions are: preparation of Town Development Plan, Review Evaluation and Modification of existing Development Plan, Preparation of Regional Development Plan, Monitoring and Enforcement of various schemes such as Integrated Development Plan of Small and Medium Towns (IDSMT) and Urban Infrastructure Development scheme for Small & Medium Towns (UIDSSMT), Control on unauthorized development in towns and functions of State Nodal Agency for National Urban Information System Scheme.

THE UDPFI GUIDELINES

Need for Guidelines Taking into account the not so efficient capabilities of the urban local authorities visa-vis the provisions of the Constitution (Seventy-Fourth) Amendment Act, 1992 (74th. CAA), the deficiencies in the Master Plan approach as identified during the National

Workshop on this subject held at Delhi in 1995 and the current policy of economic liberalisation, the need is felt to assist the administrators, municipal town planners, and the consultants with guidelines for urban development plans formulation and implementation (UDPFI). SCOPE OF STUDY The terms of reference of the study included formulation of guidelines for :. a) preparation of spatial development plans and resource. Mobilisation plans of small, medium and large size urban centres; b) efficient implementation mechanism and innovative techniques for promotion ofplanned spatio-economic development of urban areas; and c) simplification of town planning laws and their amendments / restructuring. ORISSA MUNICIPAL ACT- a case study The Orissa Municipal Act, 1950 (OMA) governs all types of urban local bodies. Under this law the elected council has all executive and financial powers in comparision with the Zila Parishad, Panchayat Samiti, and Gram Panchayat, where executive functions and responsibilities rest largely with the officials, under the OMA, the entire responsibility rests with the elected people.

Following the amendment of the Constitution, the power of supercession of Municipal Councils has been done away with in the OMA. THE SALIENT FEATURES OF TOWN PLANNING ACT Extension of the provisions of the Act over the identified area and declaring such area as a development area. Constitution of Development Authority. Preparation of interim, comprehensive and zonal development plans. Publication of development plans for inviting objections and suggestions. Finalizing the development plan in the light of objections and suggestions.

ORISSA DEVELOPMENT AUTHORITIES ACT, 1982 Approval of the development plan by the State Government. Enforcement of the provisions of the development plan, zoning regulations and planning and building standards by the Development Authorities by way of issuing permissions for construction of buildings. Preparation of development schemes and its implementation.

Preparation of town planning scheme (Land Pooling Scheme) and its implementation.

URBAN LAND (CEILING AND REGULATION) REPEAL ACT, 1999 Salient features are: The Urban Land (Ceiling and Regulation) Repeal Act, 1999 has been adopted in the State. The Urban Land (ceiling and Regulation) Act, 1976 of Government of India came into force in the state of Orissa w.e.f 17.02.1976 and was applicable to only Cuttack Urban Agglomeration as the population of the said agglomeration was more than one lakh at that time. Consequent upon repeal of the aforesaid principal Act by Govt. of India vide their Gazette No.201 dt.22.03.1999 as Annexure - A, the Government of Orissa have adopted the said repeal Act vide Notification No.14995/HUD, dt.26.04.02 to the state of Orissa w.e.f. the date of its publication in the official Gazette.

REFERENCES http://www.skyways.org/pathway/overview.html http://www.resumehelp.in/planning-resume.html http://us.fotolia.com/id/33919624 http://www.orissa.gov.in/housing&urban/LEGAL%20FRAMEWORK.htm