A

PAPER WORK PRESENTATION

ON
THE SYNETGY (RELATIONSHIP) BETWEEN PLANNING LAW
AND ENVIRONMENTAL PROTECTION LAW

WRITTEN BY
GROUP FIVE (5)
FACULTY OF LAW
UNIVERSITY OF CALABAR

SUMMITED TO
BARR NDUKWE (COURSE LECTURER)
FACULTY OF LAW
UNIVERSITY OF CALABAR

IN PARTIAL FULFILLMENT OF COURSE REQUIREMENTS:

PLANNING LAW (PUL331)

SEPTEMBER 2023
 NAME. MATRIC
NUMBER
WASIU JUMOKE ALOLA.
20/071144102
EKE EMMANUELLA NWADIUTO
20/071144032
GODWIN PEREMOBOWEI GIDEON
19/071145082
AKPOTOBO BETSY IRANA-ISHOIR
20/071144103
AFUFU ANTHONY OGAR
20/071144006
NYAGA DORCAS NTOL
19/071145108.
EFFIONG EFFIONG MBUK.
20/071144029
ABOTST PEACE lBASUN.
19/071145002
OUT ELIZABETH JABE
20/071144106
 TABLE OF CONTENT

1. INTRODUCTION

2. CONCEPT OF ENVIRONMENT AND ENVIRONMENTAL

PROTECTION LAW

3. SOURCE OF ENVIRONMENTAL LAW AND PLANNING

LAW

4. NATURE BETWEEN PLANNING LAW AND

ENVIRONMENTAL PROTECTION LAW

 The key component of planning in Nigeria

 Overview of the benefits of planning

5. THE RELATIONSHIP BETWEEN ENVIRONMENTAL

LAW AND OTHER LAW

6. THE RELATIONSHIP BETWEEN ENVIRONMENTAL

LAW AND PLANNING LAW

7. CONCLUSION
 INTRODUCTION
The introduction of environmental law and planning law
recognizes the interconnectedness between human activities,
the built environment, and the natural world. It acknowledges
that, and overall development and land use decisions align with
sustainability principles. This ensures that the environmental
impact of development projects is assessed and mitigated, and
that long-term ecological health is prioritized.
Environmental law provides a legal framework for setting
standards, regulations, and guidelines to various aspects such
as pollution control, waste management, climate change
mitigation. These and individuals impact assessments before
embarking on projects.
Planning law, on the other hand, establishes processes and
regulations for land use planning. It guides decisions related to
zoning, building permits, infrastructure development, and the
creation of urban and regional plans. Through planning law,
governments can designate areas for different uses, promote
sustainable and efficient land use patterns, and consider
environmental factors in decision-making.
The relationship between these two fields is evident in the need
for coordination and collaboration. Effective environmental
protection requires integrating environmental considerations
into land use planning processes and ensuring that planning
decisions are aligned with environmental objectives.
Conversely, planning law can benefit from the expertise and
guidance provided by strive to achieve sustainable
development, balancing the environment.

CONCEPT OF ENVIRONMENT AND ENVIRONMENTAL

PROTECTION LAW
The environment is the natural condition and circumstances in
which people, animals and plants live, and in turn, they are
referred to as the natural environment, social environment and
political environment.
Environment is the complex of physical, chemical and biotic
factors (as climate, soil, and living things) that act upon an
organism or an ecological community and ultimately determine
its form and survival; the aggregate of social and cultural
conditions that influence the life of an individual or community
Environmental protection is a practice of protecting the
environment, an Individual, or organization from harm or
degradation. Due to the Increased pressures of population and
technological advancement, Industrial revolution, the physical
environment and the biological life are Being degraded i.e., the
built environment and the natural environment. The indigenous
peoples from time Immemorial had adopted different traditional
methods directed at Protecting and sustaining development
such as the bush fallowing, crop Rotation, shifting cultivation of
farm lands were methods adopted at Protection of their land
from being over used.
In the pre-colonial era, regulations aimed at protecting the
environment Were through the customary law which was
basically unwritten and Tradition based. Customary law and
practices in various parts of Nigeria Made elaborate provisions
to uphold environmental balance and preserve Natural
resources. In addition, they guaranteed that the inhabitants of
the Villages would enjoy a healthy or wholesome environment.
Certain Customary practices ensure preservation of animals,
forests management And preservation, water resources
management, regulation of fishing Activities, land preservation,
water resources management, regulation of Fishing activities,
land preservation and environment-friendly agricultural
Practices, pest control and soil preservation.
These results in the prevention of water pollution, air pollution
and land Pollution as well as noise pollution. Some of these
practices include Declaring certain parts of the river as sacred,
declaration of certain Habits/practices in the river as taboos
e.g., walking into the river with Shoes, selective use for security
or religious reasons, prohibition poor Restriction of bush
burning, prohibition of eating of certain animals, Creation of
forest reserve for special purposes like hunting, performance Of
religious rites or rituals or as grooves etc. These ensures forest
preservation and ecological balance, biodiversity of Plants and
animals, there is also protection of endangered species.
 SOURCES OF ENVIRONMENTAL LAW AND PLANNING
LAW
Environmental law is a complex and multifaceted area of law
that draws on a variety of sources. The most important sources
of environmental law include:
1. STATUTES:
Environmental statutes are laws specifically created to regulate
environmental issues. For example, in the United States, the
Clean Air Act is a federal statute that regulates air pollution.
In Nigeria, there are several key statutes that govern
environmental laws and regulations. These statutes form the
legal framework for protecting the environment, promoting
sustainable development, and ensuring the responsible use of
natural resources.
The National Environmental Standards and Regulations
Enforcement Agency (NESREA) Act is one important statute.
Enacted in 2007, this act establishes NESREA as the
regulatory body responsible for enforcing and implementing
environmental standards and regulations in Nigeria. NESREA
is tasked with monitoring compliance, conducting
investigations, and enforcing penalties for violations of
environmental laws.
Another significant statute is the Environmental Impact
Assessment (EIA) Act. This act requires developers to conduct
an assessment of the potential environmental impacts of their
proposed projects before obtaining approval. The EIA process
helps to identify and mitigate any adverse effects on the
environment that could arise from development activities. It
ensures that projects are carried out in an environmentally
responsible manner.
The Federal Environmental Protection Agency (FEPA) Act is
another important statute in Nigeria’s environmental legal
framework. Enacted in 1988, this act establishes FEPA as the
agency responsible for coordinating and overseeing
environmental protection efforts at the federal level. FEPA’s
mandate includes pollution control, environmental monitoring,
and the promotion of sustainable development practices.
Other important statutes include the Nigerian Minerals and
Mining Act, the Harmful Wastes (Special Criminal Provisions,
etc.) Act, and the Oil Pipelines Act. These statutes work
together to address various aspects of environmental protection
and planning in Nigeria.
2. COMMON LAW:
Common law is a type of law created by judges through their
decisions in court cases. Environmental common law can
address issues not covered by statutes or regulations.
3. REGULATIONS
Environmental regulations are rules created by government
agencies to implement environmental statutes. For example,
the U.S. Environmental Protection Agency (EPA) creates
regulations to implement the Clean Air Act.
4. INTERNATIONAL LAW
International law plays a significant role in environmental
regulation, especially when it concerns issues that cross
national borders. For example, the United Nations Framework
Convention on Climate Change is an international treaty that
addresses global warming.

Planning law, on the other hand, governs how land is used and
developed and draws from several key sources, including:

1. ZONING ORDINANCES:
These are local laws that regulate land use within a municipality
and typically divide the municipality into different zones, each
with its own permitted uses and restrictions.
2. COMPREHENSIVE PLANS:
These long-term plans guide land use and development within
a municipality and address issues such as transportation,
housing, and environmental protection.
3. BUILDING CODES:
These regulations govern the construction of buildings and
ensure they comply with environmental regulations and are
safe.
4. LAND USE REGULATIONS:
These laws govern how land is used and developed and can
include requirements such as setback requirements, height
restrictions, and environmental impact assessments.
Planning law also draws from legal precedent and case law, as
well as federal and state laws and regulations.
Environmental law and planning law are closely related and
impact each other. Planning law can play a crucial role in
protecting the environment by regulating where and how
development occurs, and environmental law can impact land
use decisions by regulating pollution and other environmental
harms. In conclusion, environmental law and planning law are
complex and multifaceted areas of law.

NATURE BETWEEN PLANNING LAW AND

ENVIRONMENTAL PROTECTION LAW
So let's begin by defining environmental protection law. In
simple terms, environmental protection law is the set of laws
and regulations that are designed to protect the environment
and promote sustainable development. It covers a wide range
of issues, including pollution control, land use, resource
management, and wildlife protection.
The main goal of environmental protection law is to ensure that
humans can enjoy a healthy and safe environment while also
preserving the natural world for future generations. It works to
balance the needs of the economy with the need to protect the
environment. To achieve this, environmental protection law
often establishes standards and regulations that must be
followed by businesses, governments, and individuals.
Planning law, also known as urban planning law or land use
law, is a set of rules and regulations that govern the use and
development of land. The goal of planning law is to ensure that
land is used in a way that is beneficial for the community and
that meets the needs of the people who live there. It covers a
wide range of topics, such as zoning, development, and public
infrastructure.
A BRIEF OVERVIEW OF THE HISTORY OF PLANNING LAW
IN NIGERIA.
The first laws related to planning in Nigeria were introduced
during the colonial era, when the British government introduced
ordinances that aimed to control the use of land and ensure
orderly development. After independence, the Nigerian
government passed a series of laws to expand and update the
planning system. Over the years, these laws have evolved to
meet the needs of a rapidly changing country1.

THE KEY COMPONENTS OF PLANNING LAW IN NIGERIA.

These include:
1. The Town and Country Planning Act of 1992: This is the
main law that governs the planning system in Nigeria. It
establishes the framework for local planning authorities and
sets out the procedures for making and amending development
plans.
2. The Land Use Act of 1978: This law establishes the
principles of land use and management in Nigeria. It sets out
the process for allocating land for different uses, such as
agriculture, housing, and industry.
3. The Urban and Regional Planning Decree of 1992: This is
the principal law that sets out the planning system for urban
areas. It covers issues such as zoning, development control,
and public participation in the planning process.
4. The Environmental Impact Assessment Act of 1992: This law
requires that all major developments undergo an environmental
impact assessment to ensure that they will not have a negative
impact on the environment. It also establishes a process for
mitigating any potential negative impacts.

1
Author, A. A., & Author, B. B. (year, month day). Title of article.
There are a few more key components of planning law in
Nigeria that I'll cover.
5. The Physical Planning Laws of various states, which set out
specific regulations for different parts of the country.
6. The Federal Capital Territory Land Use Act of 1978: it
governs land use and development in the capital, Abuja.
7. The National Housing Policy of 1992
8. The Urban Renewal and Development Decree of 1989.
In addition to the laws I mentioned, there are also numerous
regulations, guidelines, and standards that govern different
aspects of planning in Nigeria. These include building codes,
standards for infrastructure development, and standards for
environmental protection. 2

AN OVERVIEW OF THE BENEFITS OF PLANNING LAW.

A. Planning law helps to ensure that developments are carried
out in an orderly and sustainable manner.
B. It also helps to protect the environment and promote social
and economic development.
C. Planning law can also help to ensure that people have
access to adequate housing and other basic services.
D. It can promote the conservation of historical and cultural
heritage.

2
by Alan Mallach
 THE RELATIONSHIP BETWEEN ENVIRONMENTAL LAW
AND OTHER LAW
Environmental law intersects with various other areas of law,
creating a complex web of relationships. Here are some key
connections:

1. Administrative Law; Environmental agencies, like the

Environmental Protection Agency (EPA) in the United
States, play a significant role in enforcing environmental
laws. Administrative law governs the activities of these
agencies, including rulemaking, permitting, and
enforcement.

2. Property Law; Environmental issues often involve

disputes over property rights, such as land use, zoning
regulations, and property takings. Property law helps
determine who has the right to use and benefit from
natural resources.

3. Criminal Law: Environmental crimes, such as illegal

dumping or pollution, are subject to criminal prosecution.
Criminal law principles, like liability and punishment, come
into play.
4. Tort Law: Environmental harm can lead to lawsuits for
damages. Tort law deals with civil wrongs and provides a
framework for individuals or entities harmed by pollution to
seek compensation.

5. International Law: Environmental problems often cross

borders. International agreements, such as the Paris
Agreement on climate change, establish legal frameworks
for addressing global environmental issues.

6. Contract Law: Environmental issues can be governed by

contracts, such as agreements between companies and
governments for pollution control or resource extraction.

7. Constitutional Law: Some countries have constitutional

provisions that recognize environmental rights or
responsibilities. Environmental law can intersect with
constitutional law when these rights are at stake.

8. Corporate Law: Environmental regulations can affect how

businesses operate. Corporate law governs the legal
structure and responsibilities of companies, including their
obligations to comply with environmental regulations.

9. Energy Law: Energy production and consumption have

significant environmental impacts. Energy law addresses
the legal aspects of energy generation, distribution, and
use, including renewable energy development.
 10. Land Use Planning and Zoning: Local governments
often regulate land use through zoning ordinances, which
can have environmental implications. Land use law
influences how land is developed and used.

11. Water Law; Laws related to water rights and water

quality are critical components of environmental law, often
involving complex legal frameworks to manage water
resources.
12. Wildlife and Conservation Law: Protecting
endangered species and conserving natural habitats are
central to environmental law.
13. Health Law: Environmental contaminants can have
direct impacts on public health. Health law may come into play
when addressing health risks associated with environmental
pollution and exposure to hazardous substances.
14. Trade Law: International trade agreements can
intersect with environmental concerns, especially when it
comes to regulations related to the import and export of
products that may have environmental implications.
15. Tax Law: Tax incentives and penalties can be used
to encourage environmentally friendly practices. Tax law can
provide financial incentives for activities such as renewable
energy production and energy-efficient building construction.
16. Intellectual Property Law: Environmental
innovations, such as green technologies and sustainable
products, may involve intellectual property protection through
patents, trademarks, or copyrights.
17. Public International Law: Environmental treaties
and agreements negotiated between nations fall under public
international law. These agreements can have a significant
impact on how countries cooperate to address global
environmental challenges.
18. Indigenous and Tribal Law: Environmental issues
often intersect with the rights and interests of indigenous and
tribal communities, particularly regarding land use, resource
management, and cultural preservation.
19. Transportation Law: Regulations related to vehicle
emissions and fuel efficiency standards fall under transportation
law, and they have a direct impact on environmental goals to
reduce air pollution and greenhouse gas emissions.
20. Real Estate Law: Real estate transactions and
development projects often require compliance with
environmental regulations, including assessments of
environmental impact and remediation of contaminated sites.
21. Insurance Law: Environmental liability insurance
and policies related to environmental damage and cleanup can
be important in cases of environmental accidents or
contamination.
22. Criminal Law: Environmental crimes, such as
poaching, illegal logging, and wildlife trafficking, can have
implications for criminal law enforcement and prosecutions.

These interconnected relationships reflect the interdisciplinary

nature of environmental law and the need for collaboration
between legal experts from various fields to address
environmental challenges effectively. Environmental law often
acts as a bridge, linking legal principles with the goal of
protecting the environment and public health.
 THE RELATIONSHIP BETWEEN ENVIRONMENTAL LAW
AND PLANNING LAW
Environmental law and planning law are closely related legal
fields that often intersect and complement each other3. Here is
an overview of the relationship between these two areas of law
 Land Use Regulation: Planning law focuses on land use
regulation and urban development planning. It governs
how land can be used, zoned, and developed within a
jurisdiction. Environmental considerations are often
integrated into land use planning to ensure sustainable
and responsible development.

 Environmental Impact Assessments: Environmental law

may require environmental impact assessments (EIAs) for
certain projects. These assessments are an essential
component of both planning and environmental law.
Before approving major developments, planning
authorities may need to conduct EIAs to assess potential
environmental impacts.

 Zoning and Setbacks: Zoning regulations in planning law

often incorporate environmental considerations. For
example, areas near water bodies or wetlands may have
specific zoning regulations to protect these sensitive

3
Law (Oxford University Press 2007) 291, 308.
 ecosystems. Setback requirements from natural features
like rivers or coastal areas are also common.

 Permitting and Approvals: Both environmental law and

planning law involve permitting and approvals for various
activities. Environmental permits may be necessary for
activities with potential environmental impacts, while
planning authorities issue permits for land development
and construction projects.

 Integration of Environmental Goals: Many jurisdictions

aim to integrate environmental goals into their planning
processes. This can include incorporating principles of
sustainable development, conservation of green spaces,
and the promotion of energy-efficient and environmentally
friendly building practices.

 Public Participation: Both environmental law and

planning law often involve public participation and
consultation. Affected stakeholders, including the public,
environmental organizations, and concerned citizens,
have the opportunity to provide input and express their
concerns during the planning and environmental review
processes.

 Legal Challenges: Legal challenges can arise in both

areas. Individuals or groups may challenge planning
decisions or environmental permits if they believe these
decisions do not adequately consider environmental
impacts or compliance with environmental regulations.
  Interdisciplinary Approach: Both fields require an
interdisciplinary approach that combines legal, scientific,
and policy expertise. Environmental assessments in
planning often involve environmental experts to evaluate
potential impacts accurately.

 Environmental and planning law is concerned with the

laws and administrative structures that regulate how
individuals and corporations interact with the natural and
built environment.

 Environmental and planning laws protect human health

and the natural environment in the context of use planning
and resource management.

 Environmental and planning law helps in the process of

evaluating how social, political, economic, and governing
factors affect the natural environment when considering
development.

CONCLUSION
In conclusion, environmental law and planning law have a
symbiotic relationship, with planning law incorporating
environmental considerations and environmental law ensuring
that environmental protection remains a priority in the planning
and development processes. This intersection reflects the need
to balance development with environmental sustainability and
the legal framework in place to achieve that balance.
REFERENCES

 The Role of Planning in an Era of Hyper-Partisanship: The

Case of Community Development Block Grants” by Alan
Mallach
 “The Future of Urban Planning in an Era of Climate
Change: Three Scenarios” by Ian S. Rasmussen and Kim
Shefner
 “Planning for the Smart City: Rethinking Smartness,
Citizenship, and the Commons” by Lina Dokuzova and
Kurt Iveson
 Author, A. A., & Author, B. B. (year). Title of article.
Journal Title, volume number(issue number), page range.
URL or DOI.
 “From Local to Global: Planning for Sustainable
Development in a Globalized World” by Gary Paul Green
and Daniel J. Wahl
 Planning in an Era of Resilience: Theoretical and
Empirical Advances” by Mark Tewdwr-Jones and James
Rosbrook-Thompson.
 Environment (3rd edn, Oxford University Press 2009), 125-
126. In these Page 126 and finally referred to it twice as a
‘concept’ on page 127.
 11 Christopher D. Stone, ‘Ethics and International
Environmental Law’ in Daniel
 Bodansky and others (eds), The Oxford Handbook of
International Environmental Law (Oxford University Press
2007) 291, 308.
 12 Philippe Sands, Principles of International
Environmental Law (2nd ed. Cambridge University Press
2003) 163;
 Philippe Sands and others, Principles Of International
Environmental Law (3rd edn, Cambridge University Press
2012) 206-217