The Context of and Rationale for Public Sector-Led Planning

Beschreibung

Philippine Context of Urban Planning
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Zusammenfassung der Ressource

The Context of and Rationale for Public Sector-Led Planning
  1. Governance and teh 3 Actors in Society
    1. Government
        1. Functions of the State
          1. key actor in polity, its central concern is participatory democratic governance. Through its rule making function, it secures human rights, justice and equity for all citizens.
            1. Secures law and order
              1. Promotes human rights, social justice and equity
                1. Safeguards public interest
                2. Executive, Legislative, Judiciary
              1. Private Sector/ For Profit
                1. Often both are accused of consolidating their power in an unholy alliance that corners society’s benefits … at the expense of the general public
                  1. Functions of the Private Sector
                    1. key actor in economy. Its basic concern is the production and distribution of goods and services to meet the needs of people in a manner that is mutually beneficial.
                      1. Production and distribution of goods and services
                        1. Provides gainful employment
                          1. Contributes to capital build up
                    2. Business Interface
                      1. Conducive business climate
                        1. Job security
                          1. Fiscal incentives to private investments
                            1. Environment-friendly production
                      2. Civil Society / Non-profit / Voluntary
                        1. third pillar, Known variously as NGOs, PVOs, POs, CBOs, etc., civil society is a collection of individuals and organizations which are independent of the government and who manifest the will and interests of citizens
                          1. Functions of the Civil Society
                            1. key actor in the realm of culture. It is concerned with the development of social and spiritual capacities of people in order for them to advance the frontiers of knowledge, to clarify and organize human values, and to advocate the public interest
                              1. Advances civil and political rights
                                1. Develops social and spiritual capacities
                                  1. Clarifies and organizes the values of society
                                    1. Advocates the public interest
                            2. CSO Interface
                              1. Concern for social and spatial equity – rationale for social services provision and regional development planning
                                1. Promotion and enrichment of Filipino culture – top General Welfare goal (Sec. 16, RA 7160)
                                  1. Participation and empowerment especially of the marginalized - Indigenous people – RA 8371 - Artisanal fisher folk – RA 8550 - Urban poor – RA 7279 - Upland dwellers – RA 7586
                              2. Business-CSO Interface
                                1. Humane labor practices
                                  1. Gender-sensitive work place
                                    1. Acceptable labor-capital substitution (appropriate technology)
                                      1. Nationalist economics
                              3. Governance
                                1. power, relationships, responsibility and accountability
                                  1. All three entities are critical agents for sustaining human development. The state creates a conducive political and legal environment. For its part, the private sector generates jobs and income. And civil society facilitates political and social interaction – mobilizing groups to participate in economic, social and political activities.
                              4. Functions of the State
                                1. the state has the function of safeguarding the public interest and promoting the general welfare
                                  1. has the capacity to intervene in practically all aspects of community life in the public interest
                                  2. 1. Provider of Goods and Services
                                    1. 1.1 Basic Goods like food and medicine
                                      1. 1.2 Provider of day to day peace and order and other protective services
                                        1. 1.3 Makes land and other resources available for use by the market or individuals
                                          1. 2. Regulator and Facilitator of the Market
                                            1. 3. Arbiter between Contending Social Groups
                                              1. 4. Social Engineer
                                                1. 5. State as Land Administrator / Steward of the Environment
                                                  1. Administrator of territory and its sustainable use
                                                    1. Territories should be administered and defended by the state
                                                      1. Eminent Domain - government can take a property for public purpose with due process and just compensation
                                                        1. Police Power - Regulation of actions and behaviors of individuals and groups in accordance with socially acceptable norms
                                                      2. Produce comprehensive rational solutions to social problems
                                                        1. Maintaining social order, harmony and peace
                                                          1. Restructuring social relations through distribution of the locus of power
                                                          2. national policy to have a preferential option for the poor
                                                            1. Balance interests of stakeholders
                                                              1. 1. Soft Approach - values formation | 2. Hard Approach - restructuring society
                                                              2. 2.1 Natural Monopolies
                                                                1. 2.2 Economies of Scale are Needed
                                                                  1. 2.3 Externalities
                                                                    1. 2.4 Pure Public Goods
                                                                      1. TYPES OF GOODS
                                                                        1. 1. Private Good - individually consumed
                                                                          1. 2. Common Pool Good - individually consumed but impossible to exclude others
                                                                            1. 3. Toll Good - collectively consumed but is possible to exclude others by raising charges and fees
                                                                              1. 4. Collective good - jointly consumed and it is impossible to exclude others from its use
                                                                                1. 5. Merit goods - objects or services that may should be provided because they are intrinsically or widely beneficial to society
                                                                          2. NATURE OF PUBLIC GOODS
                                                                            1. 1. Collective consumption
                                                                              1. 2. Indivisibility
                                                                                1. 3. No Market Price
                                                                                  1. 4. Spill Over Effects
                                                                            2. EXAMPLES
                                                                              1. production support infrastructure
                                                                                1. reduction of tariffs on import and export of materials
                                                                                  1. tax exemption holidays and credits
                                                                                    1. reduced transactions costs
                                                                                      1. absorbing risks for investors
                                                                                        1. maintaining livability and attractiveness of the locality for both living and making a living
                                                                        2. Private Sector as Provider of Goods?
                                                                          1. Physical Resources and Funds
                                                                            1. Relatively Efficient Systems
                                                                              1. Manpower and Technical Skills
                                                                                1. Quality and Variety in Outputs
                                                                      2. State as the 'Primus Inter Pares'
                                                                        1. Taxation & Land Use Planning
                                                                          1. Taxation as a means to raise funds and equalize opportunites
                                                                            1. Basic Real Property Tax, levied on owner of land
                                                                              1. Special Levies on Land, Imposed specifically
                                                                                1. Special Benefit Levy, imposed on lands with immediate benefits from public works projects
                                                                                  1. Idle Land Tax
                                                                                    1. Worsement Compensation, claimed from eminent domain proceedings
                                                                                      1. Socialized housing tax, additional tax on properties that bear social function
                                                                          2. Local Sanggunian / Local Gov. Planning
                                                                            1. Police Power
                                                                              1. highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity
                                                                                1. State shall regulate the acquisition, ownership, use, and disposition of property and its increments. (Constitution, Art. XIII, Sec. 1)
                                                                                  1. State to promote distributive justice and to intervene when the common good so demands. (Constitution, Art XII, Sec. 6)
                                                                                    1. ZONING, the regulation by districts of the height, bulk, and use of buildings, the use of the land, and the density of population. (ASPO)
                                                                                      1. SUBDIVISION REGULATION, another principal instrument of police power to control the division of larger parcels of land into individual building lots to ensure
                                                                                        1. BUILDING REGULATION, to see to the structural integrity of all buildings and the safety of building sites and the standards of sanitation are followed
                                                                                          1. ENVIRONMENTAL LAWS, Implementation of environmental laws, e.g. - the Ecological Solid Waste Management Act (RA 9003) - the Clean Air Act (RA 8749) - the Clean Water Act (RA 9275)
                                                                                          2. Eminent Domain
                                                                                            1. exercise its power of eminent domain for public use, or purpose, or welfare for the benefit of the poor and landless, upon payment of just compensation,
                                                                                              1. - that a valid and definite offer has been made previously to the owner but
                                                                                                1. - that upon filing the expropriation proceedings and upon making a deposit of 15% of the fair market value of the property, the LGU may take immediate possession of the property to be expropriated; and
                                                                                                  1. - that the amount to be paid shall be based on the fair market value at the time of the taking as determined by the proper court.
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