WHAT IS LAND USE PLANNING?

A Guide to Planning in Philippine Cities and Towns

INTRODUCTION

This handbook is intended to give an overview on basic land use planning. It contains
descriptions of the land use planning activities performed in cities and towns in the Philippines.
This document also contains references to other planning resource documents and agencies.

OVERVIEW

Most individuals become involved with land use planning when their attention is drawn by one
particular issue. This issue may be an adjacent vacant lot that is being developed, or it may be
delivery vans parked in a front yard next door, or it may be some irritating noise or odor from
somewhere nearby, or because an area with hillsides and dense vegetation is being bulldozed.
The issue may be because people are talking about the effect of a new airport in their town, or
how to avoid their properties from being affected by agrarian reform.

Definition of Land
The Housing and Land Use Regulatory Board (HLURB), the government agency responsible for
regulating land use, defines land “as a shared natural resource, much like air and water, to be
conserved and cared for with due regard for its effect on society as a whole and for conditions in
which it will be passed on to future generations.” Land is often also viewed as property – a
private commodity which can be owned, used, bought or sold for personal comfort and profit.

Both concepts are within the context of the Philippine Constitution which protects a person’s
right to own and use property as well as permits government to impose reasonable limitations on
its use to protect public health, promote safety and general welfare of the people.

National laws govern the land use policies and regulations. The Local Government Code
(Republic Act 7160) provides the mandate of local government units (LGUs) on local planning,
legislation, implementation, including budgeting and monitoring. It gives LGUs the authority to
create land use policies within their jurisdictional boundaries and the ability to create a land use
policy document called the Comprehensive Land Use Plan (CLUP). The CLUP embodies
specific provisions for guiding and regulating growth and development of a city or municipality.
It is comprehensive because it considers all aspects of development, such as demography, socio-
economic and environmental conditions, infrastructure and utilities, and local administration,
within the territorial jurisdiction.

Definition of Land Use Planning

The preparation of a CLUP involves land use planning which refers to the rational and judicious
approach of allocating land to different uses or activities (eg, agriculture, residential, industrial)
and different functions (eg, road rights-of-way, river or utility easements, parks and playgrounds)
consistent with the overall development vision and goals of a particular locality. Land use
planning entails the detailed process of determining the location and area of land required for the
realization of social and economic development policies, plans, programs and projects. It is
based on considerations of physical standards, development vision, goals and objectives, analysis
of actual and potential physical conditions, development constraints and opportunities.

Land use planning is undertaken to meet the following objectives:

• To promote the efficient utilization, acquisition and disposition of land and ensure the highest
and best use of land;
• To direct, harmonize and influence discussions and activities of the private and public sectors
relative to the use and ,management of land;
• To reconcile land use conflicts and proposals between and among individuals, private and
government entities relative to the present and future need for land;
• To promote desirable patterns of land uses to prevent wasteful development and minimize the
cost of public infrastructure and utilities and other social services;
• To conserve areas of ecological, aesthetic, historical and cultural significance.

Consistent with these objectives, the rationale for the formulation and regular updating of a
Comprehensive Land Use Plan (CLUP) include the following:

• To achieve an improved quality of life;

• To guide the orderly development of a city/municipality to promote the health, safety, welfare
and convenience of the population;
• To promote sustainable development;
• To preserve special natural features and environmentally critical areas;
• To translate socio-economic policies into physical policies and plans;
• To provide guidelines for the appropriate use of natural resources;
• To allocate land for settlements, industries and other urban uses on land least suitable for
agricultural and farming purposes;
• To serve as basis for reclassifying and converting land;
• To reflect changes in the physical, social and economic characteristics of the community;
• To incorporate changes in the goals and objectives of the community; and
• To comply with the requirements of Article 41 of the Implementing Rules and Regulations of
the Local Government Code of 1991 (Sec.20, RA 7160).

Land use planning puts into practice the essence of local autonomy among LGUs. This process
and its output which comes in the form of the CLUP document sets the direction which the
LGUs will take to enable them to attain their vision as active partners in the attainment of
national, regional, provincial and local development goals.

The CLUP process provides a venue for collaboration and consensus among the different groups
with varied interests in the LGU’s jurisdictional area. It offers an opportunity for community
involvement and in gaining popular support, understanding and ownership of the CLUP. The
process rationalizes the allocation of land resources among competing uses by using an empirical
basis for analyzing existing and anticipated social, economic, physical, environmental, political
and administrative conditions. This enables the LGUs to formulate and implement development
goals and objectives as well as desirable growth patterns.

While land use plans are the most common type of plans, LGUs have other kinds of plans, such
as the Physical Framework Plan (PFP), Comprehensive Development Plan (CDP), and Local
Development Investment Program (LDIP). These LGU plans are expected to be consistent with
national, regional (or metropolitan), and provincial plans. Certain LGUs may also have special-
purpose plans, such as a socialized housing program, a local economic development plan, a
tourism masterplan, a forestry plan, an agricultural development plan, and a protected areas plan.
In certain situations, some issues may affect more than one city or municipality, and the planning
approach is multi-jurisdictional such as in the case of critical watersheds and metropolitan areas.

The plans of cities and municipalities are policy documents that are adopted by the concerned
City or Municipal Council as statements of intent towards a variety of short-, medium-, and long-
term policy issues. In order for these policies to be used, there must be “implementing actions.”
The commonly used implementation tools include zoning ordinances and investment or
financing programs.

LEGAL MANDATES

The Philippine Constitution as well as several national laws provide the legal mandate for land
use planning and land management. The State declares its land use policies and principles in
terms of relation to the national economy and patrimony, as well as its police power for the
promotion of public health, public safety, public interest, public order, and general welfare.

1987 Constitution
Article XIII, Section 1 of the Constitution provides that “the State shall regulate the acquisition,
ownership, use and disposition of property and its increments.” The reason why the State should
regulate the right to use property, among other rights, is explained further in Article XII, Section
6 which states: “The use of property bears a social function and all economic agents shall
contribute to the common good. Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to own, establish and
operate economic enterprises, subject to the duty of the State to promote distributive justice and
to intervene when the common good so demands.”

Republic Act 7160 (Local Government Code of 1991)

This law provides the mandate of LGUs on local planning, legislation, implementation, including
budgeting and monitoring. Its sections and articles specify the powers, functions and
responsibilities of LGUs with regard to land use planning and regulations:

• Section 16 states the powers of LGUs necessary for efficient and effective governance, and
those essential for the promotion of the general welfare, health and safety, balanced ecology,
preservation and enrichment of culture, enhancement of economic prosperity and social
justice, and preservation of comfort and convenience of its population.
• Sections 20, 447 and 458 mandate that LGUs shall prepare and adopt their respective CLUPs
and enact related zoning ordinances to serve as the basis for the future use of land resources;
and to prescribe reasonable limits and restraints on the use of property within their
jurisdictions.

• Sections 444 and 455 specify that LGUs should adopt measures to safeguard and conserve
land, mineral, marine, forest, and other resources of the LGUs.

• Section 468 mandates the HLURB to formulate land use planning guidelines and standards.

Executive Order No. 72

This provides for the preparation and implementation of the CLUP by the LGUs, and the role
and responsibilities of the HLURB and Sangguniang Panlalawigan for review, guidance,
approval and adoption of such CLUPs.

Republic Act 7279 (Urban Development and Housing Act)

This gives a clear-cut definition of a Land Use Plan which LGUs are mandated to adopt. It
defines Land Use Plan as the “rationale approach of allocating available land resources as
equitably as possible among competing user groups and for different functions consistent with
the development plan of an area and the program under this Act.”

GUIDING PRINCIPLES AND POLICIES

In addition to these laws, certain principles and policies provide guidance to the preparation and
updating of CLUPs. These include the principles of the Philippine Agenda 21 (PA21), the
provisions of the National Framework for Physical Planning (NFPP), the Co-Management
Principle, and the Gender-responsive Population and Development (POPDEV) Framework.

Philippine Agenda 21
PA21 is the national agenda for sustainable development. It outlines the integrating strategies for
the country’s overall sustainable development and identifies the areas for intervention (Action
Agenda) from the national to the regional level, along with corresponding implementing
platforms and plans. It envisions a better quality of life for all through the development of a just,
moral, creative, spiritual, economically-vibrant, caring, diverse yet cohesive society
characterized by appropriate productivity, participatory and democratic process and living in
harmony within the limits of the carrying capacity of nature and the integrity of creation.

Sustainable development as defined in PA21 (1996) is “harmonious integration of a sound and

viable economy, responsible governance, social cohesion and ecological integrity, to ensure that
development is a life-sustaining process.” PA21 has five goal elements, namely: poverty
reduction, social equity, empowerment and good governance, peace and solidarity, and
ecological integrity. Each of these elements have an influence on land use.

National Framework for Physical Planning

The NFPP provides the principles consistent with the planning and management of resources, as
follows:
• Food security – Utilizing the country’s land and water resources in a manner that provides
sufficient and affordable food products to all Filipinos of the present and future generations
through local production and/or importation;
• Environmental stability and ecological integrity – Achieving environmental stability
through the observance of appropriate standards and ensuring ecological integrity through
effective natural resources management, and balancing the demand of land-using activities
vis-à-vis preservation of ecosystems. A related principle is “Appropriate Location” which
ensures the proper selection of a site to minimize the damage both to the environment and
human health.
• Regional urban development – Encouraging the sustainable growth of cities and large
towns while complementing the growth of rural areas by adopting integrative development
approaches (such as watershed-oriented planning and management).
• Spatial integration – Linking consumption and production areas to achieve physical and
economic integration through appropriate infrastructure systems.
• Equitable access to physical and natural resources – Ensuring equitable access to
resources through a just distribution of the country’s resources and by providing equal
opportunities to all Filipinos in the use and acquisition of land and other resources.
• Private-Public Partnerships – Encouraging shared responsibility between the government
and the private sector in the development and management of the country’s physical
resources.
• People empowerment – Establishing pragmatic, appropriate, flexible and dynamic structures
or mechanisms that involve the participation of key stakeholders.
• Recognition of the rights of indigenous people – Ensuring the Indigenous People’s rights to
develop, control, and use lands within their ancestral domains.
• Market orientation – Adopting the interplay of market forces within the framework of
ecological and inter-generational factors as a basic parameter in the allocation and use of
physical resources.

The NFPP, in its Land Use Policy Guidelines, also identifies four major land use components,
namely:

• Settlements development – land uses and physical resources involving some degree of
urban and rural concentration and their associated demand and supply requirements;
• Production land use – focused on economic production from the extractive (eg, mining) to
the modern service sectors (eg, industrial estates, commercial land uses);
• Protection land use – resources that need to be protected, conserved, rehabilitated,
including areas that require prevention and mitigation of disasters; and
• Infrastructure development – deals with the capital investments that support spatial
integration, production efficiency, and social services delivery.

These general land use components provide the framework for the listing of more detailed or
specific land uses in the CLUP and Zoning Ordinance. For instance, residential and
institutional (eg, schools and hospitals) would be listed under “settlements development”,
forest reserves, river easements and heritage areas would be under “protection land use”, and
road and utilities rights-of-way would be under “infrastructure development”.
 Co-Management Principle
Section 3 of the Local Government Code provides that “local government units shall share
with the national government the responsibility in the management and maintenance of
ecological balance within their territorial jurisdiction.” Local governments and the national
government are, therefore, mandated to act as co-managers of the national territory and
patrimony. This applies especially to coastal, marine, and forest areas located within the
boundaries of LGUs but are covered by national environmental laws.

Gender-responsive Population and Development Framework

The refers to the integration of gender and explicit consideration of development (socio-
economic, physical, cultural, etc.) and population interrelationships in the entire planning
process – from plan formulation to plan implementation, monitoring and evaluation. The
application of this planning approach provides a mechanism and ensures the integration of
sustainable development prerequisites in planning.

CITIZEN AND COMMUNITY INVOLVEMENT

Citizen participation is a fundamental part of the land use planning and implementation process.
It ensures the involvement of all stakeholders, especially the local community, in order to
enhance awareness, raise the quality of the plan, and increases the likelihood of the plan’s
acceptability and success of implementation. Citizen participation has two essential benefits:
information sharing among different stakeholders, especially between the LGU and the citizens;
and the active involvement of citizens in identifying and prioritizing issues, evaluating options,
and formulating strategies.

However, citizens or local residents are only one of many “stakeholder groups” in a city or town.
A stakeholder is any person, group or institution that has an interest in a development activity,
project or program. This definition includes intended beneficiaries and intermediaries, winners
and losers, and those involved or excluded from decision-making processes. Stakeholders, in
very broad terms, may either be primary or secondary. Primary stakeholders are those who are
ultimately affected positively or negatively by the planned intervention. Secondary stakeholders
are those who are indirectly affected by the impacts of the plan but may have particular
knowledge and/or significant roles related to its formulation, enforcement or implementation.

Stakeholder participation is important in the planning process since this gives them the
opportunity to play an active role in decision-making and the in the consequent activities that
will affect them. It is important to include key stakeholders in the CLUP process because they
can affect its outcome through their access to, or influence on, the use of resources and power.

Thus, stakeholders groups would generally include local government executives, legislators and
special bodies; private utility companies (eg, local water utilities or districts, private electricity
providers, telephone or cellular phone service providers); non-government organizations and
people’s organizations representing particular interests (eg, women concerns, indigenous
peoples, farmers and fisher folks, heritage conservation and environmental advocates, etc.);
national government agencies; and the local communities including residents, neighborhood
associations and non-resident landowners. It may also include any other person or group (private
or public) whose activities and decisions can have an impact on any of the other stakeholders
within the area, for example, international environmental “watchdogs” like Greenpeace.

How can I get involved in my community?

All local governments are mandated by law to organize Local Development Councils (LDCs) to
ensure a multi-sectoral involvement in the preparation of local plans, programs and budgets. The
Local Government Code specifies that LDCs should be established even at the barangay level.
The Barangay Development Councils (BDCs) are tasked to prepare Barangay Development
Plans which are to be integrated into the city or municipal plan.

Membership in the LDC or BDC is one of many ways to get involved in the issue identification,
planning, projects and programs that impact the quality of life in your community and your city
or town as a whole. Another way is through membership in special interest groups, such as those
focused on promoting local arts and crafts, heritage conservation, environmental protection,
livelihood programs, and housing for the poor. These groups, as well as other civic organizations
(eg, Rotary, Jaycees, Lions etc.) and professional associations, are often invited by the LGU to
participate in public hearings to discuss proposed plans and projects.

Which staff in the City are involved in planning processes?

The principal department of the city or municipality responsible for preparing the CLUP as well
as the zoning ordinance is the City or Municipal Planning and Development Office (CPDO or
MPDO). Other city/municipal departments are responsible for more specific types of plans, such
as Tourism, Environmental Protection, Heritage Conservation, etc. They may be conducting their
respective stakeholder consultations separately, or in conjunction with the broader CLUP
process. It is best to check with the Mayor’s Office or the C/MPDO for the calendar of these
activities. Public hearings are usually calendared and conducted by the Sangguniang
Panlungsod/Bayan.

TYPICAL CLUP AND BARANGAY PLAN ELEMENTS

Although national laws specify a set of basic issues for consideration in the CLUP of a city or
town, each LGU may determine the relative importance of each issue to local planning and
decide how they are to be addressed in the CLUP and/or the Barangay Development Plan. As a
result, no two cities or municipalities have plans which are exactly alike in form and content. The
following is a brief outline of the basic issues that are addressed cumulatively between the
barangay plans and the CLUP:

The Land Use Element designates the general location and intensity of housing, business,
industry, open space, education, public buildings and grounds, waste disposal facilities, and other
land uses.

The Housing Element (or Shelter Plan) is a comprehensive assessment of current and projected
housing needs for all economic segments of the community. It sets forth local housing policies
and programs to implement those policies. This element of the CLUP should be updated at least
every five years.
The Circulation Element identifies the general location and extent of existing and proposed
major roads, transportation routes, terminals, and public utilities and facilities. It must be
correlated with the land use element, and include other modes of movement including walking
and cycling.

The Open Space Element details plans and measures for preserving open space for natural
resources, the managed production of resources, outdoor recreation, public health and safety, and
the identification of agricultural land.

The Conservation Element addresses the protection, conservation, development and use of
natural resources, including water, forests, soils, rivers, and mineral deposits.

The Safety Element establishes policies and programs to protect the community from risks
associated with seismic, geologic, flood and other natural and man-made hazards.

Other issues that are either contained within barangay plans or CLUP, or accompany planning
actions include Local Economic Development Plan, Tourism Plan, Solid Waste Plan, and so on.
A city or municipality may also have a Heritage Conservation Plan which addresses the
protection, conservation, restoration, and use of heritage places and structures which are deemed
to have historical or cultural significance due to its association with noted past events, historical
persons or distinguished architectural characteristics, or a significant representation of an era in
the development of the town or city.

LGUs are mandated also to prepare Capital Improvements Programs (CIPs) or Local
Development Investment Programs (LDIPs) which list the public facilities needed because of
existing and anticipated development. These documents cover several years and serve as the
basis for the preparation of annual budgets. They are prepared by the LDCs based upon the
proposals of the different city/municipal departments and the CLUP itself, and are reviewed and
adopted by the Sangguniang Panlungsod/Bayan. They list each capital improvement by project
name, location (eg. Barangay), revenue sources, financing schedule, project history, project
phases, and source of funding

A critical accompanying document of the CLUP is the Zoning Ordinance. Zoning is a

legislative means of ensuring that land uses of a city or municipality are properly situated in
relation to one another in accordance with adopted policies and plans. The zoning ordinance
regulates the use of all land. It outlines the kind of activity (uses) that can be established
(permitted) in each zone. Highly urbanized and rapidly urbanizing cities and towns usually have
zoning ordinances that cover their entire territories, while smaller towns with large rural or
agricultural areas will have zoning ordinances that cover only their urban and urbanizing areas.

PRIVATE DEVELOPMENT PROJECT REVIEW AND APPROVAL

In addition to land use policy development, a primary responsibility of both the City/Municipal
Planning and Development Office and the Office of the Local Zoning Administrator is the
review of proposed development projects for conformance with local and national development
policies and regulations. This often involves project review by multiple City/Municipal staff,
other government agencies, and barangay officials. The project proponent pays for the costs of
this review process through the payment of permit and inspection fees.

All projects that are required by law to obtain a permit or other approval from the government
must be reviewed by the LGU concerned before construction can proceed. Different types of
projects may involve several government agencies and involve different review/approval
processes. In all cases, there is a development review process involved which leads to the
issuance of a development permit. These permits may be in the form of a:

• Building (or Construction) Permit

• Locational Clearance (LC) or Certificate of Zoning Compliance (CZC)
• Subdivision Development Permit
• Certificate of Registration (CR)
• License to Sell (LS)
• Environmental Compliance Certificate (ECC) or Certificate of Non-Coverage (CNC)
• Department of Agrarian Reform (DAR) Land Conversion Order (for projects located in areas
covered by the Comprehensive Agrarian Reform Program)

Building/Construction Permit
The process of reviewing a project for the issuance of a Building Permit is administered by the
Local Building Official (LBO) of the LGU concerned. The decision to issue or deny this permit
is based solely on whether the project complies with the National and/or Local Building Code
and, where applicable, any prior approvals (such as a Locational Clearance and Environmental
Compliance Certificate). If the project complies, the LGU must, by law, issue a permit.

Locational Clearance / Certificate of Zoning Compliance

Proposed developments of both government and the private sector are required to secure a
Locational Clearance (LC) which is also known as a Certificate of Zoning Compliance (CZC), in
order to ensure that the development is consistent with local plans and policies, and conforms
with the provisions of the CLUP and Zoning Ordinance. The application for the LC/CZC is
processed by the LGU wherein the development is proposed to be built. However, certain types
of projects are processed by HLURB. In both cases, the application requirements include:

• Copy of the certificate of title of the land where development is proposed;

• Barangay clearance;
• Vicinity Map showing the existing land uses surrounding the project site;
• Site Development Plan showing the project site lot area boundaries and dimensions of
proposed improvements;
• For projects situated in areas covered by the Comprehensive Agrarian Reform Program
(CARP), endorsement or recommendation from the Department of Agrarian Reform (DAR)
for the site’s conversion into other uses;
• For projects involving manufacturing, a Description of Industry citing among others raw
materials to be used, products to be produced, production capacity, description and flow of
manufacturing process, and industrial wastes and plans for pollution control;
 • Certified true copy of Environmental Compliance Certificate (ECC) or Certificate of Non-
Coverage (CNC) duly issued by the Department of Environment and Natural Resources
(DENR), whichever is applicable.

What happens if a proposed project does not conform to the Zoning Ordinance?
LGUs can grant exception and variances to projects which do not conform to the provisions of
the CLUP and ZO under certain conditions. For example, a landowner may wish to develop
his/her property, which is designated as agricultural in the ZO, into an industrial estate. The
proponent of such a project should submit a written application for an exception or variance to
the Local Zoning Board of Adjustment and Appeals (LZBAA) which is the LGU’s body with the
power to act on appeals on the granting or denial of Locational Clearances by the Local Zoning
Administrator.

The application should cite the section of the ZO under which the exception or variance is sought
and the reasons for it. The proponent should also post a visible project sign (including the name
and nature of the proposed project) at the project site, and submit a written affidavit of non-
objection to the proposed project by the owners of adjacent properties. The LZBAA will conduct
preliminary studies on the application and render a decision thereafter. Should there be any
objection to the proposed project, the LZBAA shall hold public hearings where all interested
parties will be given the opportunity to be heard and present evidences and testimonies.

The LZBAA’s functions and responsibilities include actions on applications for variances,
exceptions, non-conforming uses, and complaints and opposition to applications for Locational
Clearance. It is a sub-committee of the Sanggunian Bayan/Panglunsod, with the Mayor as
Chairman. Its members are the Legal Officer, Assessor, Engineer, Planning and Development
Coordinator (if other than the Zoning Administrator), 2 representatives of the private sector, and
2 representatives from non-governmental or people’s organizations. The decisions of the
LZBAA are appealable to the HLURB.

Certificate of Registration and License to Sell

In addition to a Locational Clearance, subdivision and condominium projects are required by law
to be registered with HLURB before any advertisement can be published. In addition to securing
a Certificate of Registration, developers of such projects are required to secure a License to Sell
from HLURB before any sales can be effected. The purpose of these requirements is to protect
buyers and ensure that the subdivision or condominium units they are buying are legitimate.
Additionally, laws require that real estate dealers, brokers and salespersons of subdivision and
condominium projects post a cash or surety bond, and secure a certificate of registration from
HLURB, to ensure the faithful and honest discharge of their duties.

Environmental Compliance Certificate (ECC)

The ECC is a document issued by the Environmental Management Bureau (EMB) of the DENR
after a positive review of an ECC application, certifying that based on the representation of the
project proponent, the proposed project will not cause significant negative environmental impact.
The ECC also certifies that the proponent has complied with all the requirements of the
Environmental Impact Statement (EIS) System and has committed to implement its approved
Environmental Management Plan. The ECC contains specific measures and conditions that the
project proponent has to undertake before and during the operations of the project and, in some
cases, during the project’s abandonment phase to mitigate identified environmental impacts.

The ECC is an integral element of the EIS System whose basic objective is to ensure a rational
balance between socio-economic development and environmental protection for the benefit of
present and future generations. The key operating principles in the implementation of the EIS
System are as follows:

• The EIS System is concerned primarily with addressing direct and indirect impacts of a
project on the biophysical and human environment, and ensuring that these impacts are
addressed by appropriate environmental protection and enhancement measures.
• The EIS System aids proponents in incorporating environmental considerations in planning
their projects as well as in determining the environment’s impact on their project.
• Project proponents are responsible for determining and disclosing all relevant information
necessary for a methodical assessment of the environmental impacts of their projects.
• The review of the EIS by EMB shall be guided by three general criteria: (1) environmental
considerations are integrated into the overall project planning, (2) that the assessment is
technically sound and proposed environmental mitigation and measures are effective, and (3)
that social acceptability is based on informed public participation.
• Effective regulatory review of the EIS depends largely on timely, full, and accurate disclosure
of relevant information by project proponents and other stakeholders in the Environmental
Impact Assessment process.
• The social acceptability of the project is a result of meaningful public participation, which
shall be assessed as part of the ECC application, based on concerns related to the project’s
environmental impacts.

In general, only projects that pose potential significant impact on the environment are required to
secure ECCs. Certain types of projects do not require to secure an ECC, but these still need to
secure a Certificate of Non-Coverage (CNC) from EMB. The specific criteria for determining
whether projects are required to secure an ECC are:

• Characteristics of the project – size of the project; cumulative nature of impacts vis-à-vis
other projects; use of natural resources; generation of waste and environment-related
nuisance; and environment-related hazards and risk of accidents;
• Location of the project – vulnerability of the project area to disturbances due to its
ecological importance, endangered or protected status; conformity of the proposed project to
existing land use plan and zoning ordinance or national laws; relative abundance, quality and
regenerative capacity of natural resources in the area; and absorptive capacity of the
environment;
• Nature of potential impact – geographic extent of the impact and size of affected
population; magnitude and complexity of the impact; and likelihood, duration, frequency and
reversibility of the impact.

For further details on other requirements under the EIS System, please see the Web site of
EMB/DENR.
DAR Conversion Decision
The development of lands which are covered by the Comprehensive Agrarian Reform Program
(CARP) requires the decision of the Department of Agrarian Reform (DAR) in addition to other
relevant permits. Such lands include: (1) Agricultural lands (as certified by the Department of
Agriculture); (2) Lands within Network of Protected Areas for Agriculture and Agro-Industrial
Development (NPAAAD) identified by the Bureau of Soils and Water Management; and (3)
Lands within Strategic Agriculture and Fisheries Development Zone (SAFDZ).

These lands need to be reclassified and converted from agricultural to non-agricultural uses
before they can be developed into residential, commercial, industrial or other urban uses. The
criteria for conversion are as follows:

(1) The reclassification of land use is consistent with the natural expansion of the
municipality or city, as contained in their approved physical framework and land use
plan;
(2) The area to be reclassified in use is not the only remaining food production area of the
community;
(3) The land use reclassification shall not hamper the availability of irrigation or the
productivity of nearby farms;
(4) Areas with lower productivity will be accorded priority for land use conversion; and
(5) When the proposed project is supportive to agro-industrial development, and will
generate alternative livelihood opportunities for the affected community.

What happens if a project doesn’t get built in accordance with the plans that have been
approved or granted permits?
The LGU closely reviews the plans submitted by applicants prior to the issuance of a building or
development permit, to ensure that they comply with all the requirements of local and other laws.
If these projects are not consistent with such laws, the LGU will ensure that projects are brought
back into compliance. Once permits have been issued, the LGU expects that the improvements
shown on the project plans will be constructed as shown. Serious consequences can occur to the
owner and/or developer if the project is not built according to approved plans. These
consequences include issuance of “Stop Work” orders, modifications to completed
improvements or structures, potential revocation of permit approvals, and imposition of fines.
Construction is monitored through progress inspections, which allow the LGU to observe
construction during various phases of completion. At the completion of the construction, the
LGU will conduct a final inspection and if no violations are noted will issue an Occupancy
Permit. This permit is required for the connection of electricity of the project to the power supply
system of the LGU.

Who prepares land use plans?

The preparation of land use plans, as part and parcel of the profession of Environmental Planning
as mandated by PD 1308 (Environmental Planning Law), is performed by Environmental
Planners (EnP). In the government sector, land use policies and plans are formulated at the
national, regional, provincial, city/municipal, and barangay levels. As mentioned in other parts of
this handbook, LGUs are responsible for preparing and enforcing the CLUP and Zoning
Ordinance. Some LGUs also undertake slum upgrading, urban renewal and downtown
redevelopment programs, all of which require land use planning.

In the private sector, land use planning is a professional service performed by either
Environmental Planners or Architects for a wide variety of projects which require the
development of land resources (including water bodies, such as coastal waters, rivers, lakes,
etc.). For instance, most types of real estate projects require land use planning. These include
“masterplanned” mixed-use communities, commercial centers, industrial estates, residential
subdivisions, and socialized housing projects.

Recently, there has been some controversy relating to the preparation of a subdivision plan,
specifically the professional authorized to prepare it. This controversy seems to stem from
conflicting interpretations of existing laws as well as the implementing rules and regulations of
these laws. For example, a “subdivision development plan” is defined in PD 957 to consist
mainly of drawings of the proposed physical improvements of a site, namely:

(1) Site Development Plan showing proposed layout of streets, lots, parks and playgrounds
and other features;
(2) Vicinity Map indicating access, adjoining land uses, and existing facilities and utilities;
(3) Topographic Plan to include boundary lines, streets and easements within and adjacent to
the project site, water courses, wooded areas; and
(4) Utilities (water supply, drainage, electricity, etc.) Plan.

This definition has resulted in some people to interpret that the preparation of such a plan can be
undertaken by Architects, Civil Engineers, or Geodetic Engineers, who have been preparing such
plans even before the establishment of the profession of Environmental Planners. But PD1308
specifies that only Environmental Planners are authorized to prepare subdivision plans, although
it also allows Architects, Civil and Geodetic Engineers who are also Environmental Planners to
prepare such plans.

The Philippine Institute of Environmental Planners (PIEP) – the national association of licensed
Environmental Planners – contends that a subdivision development plan is more than just a set of
drawings, that it should include both on-site and off-site analyses of the conditions affecting the
proposed project – which is the field of specialization of Environmental Planners. The PIEP
believes that a subdivision development plan has two essential components, namely (1) the
research and analyses component, and (2) the translation component (drawings). These two
constitute a subdivision planning report prepared by duly qualified and duly licensed/registered
Environmental Planners.

HELPFUL WEB SITES

HLURB: www.hlurb.gov.ph
DENR: www.denr.gov.ph
EMB: www.emb.gov.ph
DAR: www.dar.gov.ph
DA: www.da.gov.ph
PIEP: www.piep.org.ph