Land use planning, zoning and development Flashcards
What are the UDHA objectives?
Equitable utilization of residential lands.
Optimization of use and productivity of land.
Development of urban areas conducive to commercial and industrial activities
Reduction in urban dysfunction
Access to land and housing by underprivileged
What is presidential decree 399?
Regulates use of land within one thousand meter strip along existing and proposed highway or road. Priority given to human settlement sites, tourism, land reforms relocation f squatters, etc
What is PD 815?
Prohibits conversion of tenanted rice and corn land unless authorized by DAR
What is PD 933?
Liberate communities form blight and congestion
To optimize use of land as a natural resource for public welfare
To effect rational interdependence of communities
What is PD 957 (or the Subdivision Law)?
Requires review and approval of subdivision plans and licensing prior to its disposition
What is PD 1216?
30% open space mandated for 1 hectare and up
What is letter of instruction no. 713?
Provides no construction for residential, etc on agricultural land unless cleared by HLURB
What is Letter of instruction no. 833?
Suspend te following:
Registration of mining claims in quezon province
Processing apps for mining rights
Reviewing apps for quarry permit
Mining and other allied operations quarry
Three major functions of HLURB?
- Rule making function - power to promulgate and issue rules and regulations and carry out or implement laws to enact it (under eO 648)
- Planning function - technical assistance to LGUs in formulation of town plans and zoning ordinances
- Quasi-judicial function - conduct public hearings, issue cease and desist foreclosure order, etc
Has exclusive jurisdiction to hear and decide these cases -
Unsound real estate business practice
Cases involving specific performance of obligations filed by buyers of subdivision lot or condo against owner, developer, broker, salesman
What is land use planning?
Rational and deliberate allocation of the major physical resources of the country which is land
What is land use?
Predominant activity or function on specified land area or location
What does land use plan consist of?
Planning goals Objectives Strategies Development policies Implementing mechanism Land use regulations and controls Program and projects Investment requiements
What are the determinants of land use?
Physical - slope, soil type, climate, natural risk and potential man made risk
Socio-economic determinant - population distribution and activity systems
Political determinants - consist of gov policies on land tenure and other legal measures
What are the classifications of zoning for land use?
Residential (most favored) Commercial Industrial Open spaces Institutional zones
Zoning ordinance is police power, meaning?
Police power is superior to contractual stipulations between parties on the use of the land sod by subdivisions even if said conditions are annotated in torrens title
LGU and power of eminent domain
May be exercised for public use, purpose or welfare of poor and landless, upon payment of just compensation
May not be exercised unless a valid and definitely offer has been made to owner which was rejected
LGU can expropriate property if it fails to acquire through purchase
May immedTely take possession of property upon filing expropriation proceedings and making deposit if at least 15 percent of fair market value
Reclassification or argricultural lands in what cases?
When land ceases to be economically fwasible and sound for agri purposes as determined by department of agriculture
When land has greater economic value for residential commercial or industrial purposes
Reclassification shall be limited to?
15% for highly urbanized areas and independent component cities
10% for component cities and first to Third class municipalities
5% for fourth to sixth class municipalities
Definition of urban areas by NSO?
In entirety, cities and municipalities Having population density of at least 1000 people per square km
Poblaciones or central districts with pop density of at least 500 per sq km
Poblaciones or central districts having street pattern and at least six establishments, with at least three of the ff: town hall, church or chapel, public plaza, park or cemetery, market place, public building like school, hospital, library
Barangay a with at least 1000 inhabitants where occupation is mostly non farming or fishing
Definition of urban areas by RA 7279?
Urban areas - all cities regardless of pop density and to Municipalities with pop density of at least 500 people per sq km
Urbanizable areas - sites and lands which mark great potential of becoming urban areas within 5 years
HLURB urban areas?
All barangays or portion of and built up area including urbanizable land, where at least 50% of population are engaged in non agricultural activities
What is a built up area?
Contiguous grouping of ten or more structures
UDHA coverage?
All lands in urban and urbanizable areas including:
ADP (areas of priority development)
ZIS (zonal improvement sites)
SIRS (slum improvement and resettlement sites)
Other areas identified by LGUs as suitable for socialized housing
