LEGAL

CONSIDERATIONS
IN URBAN DESIGN
PRESENTED BY:

FRANCISCO, MARIANNE
DANGOY, JAIRA ANDREA
CUANAN, FRANCIS VINCE
LESSON OVERVIEW
CITY DEVELOPMENT PLAN / FUNCTIONAL ZONING
DEVELOPMENT MANAGEMENT STANDARDS
ALLOCATION OF RECREATIONAL OBJECTS AND RESORTS
TRAFFIC IMPACT REQUIREMENT / ROAD CONSTRUCTION
SAFETY
BUILDING CODES / BUILDING REGULATIONS
APPEARANCE
CULTURAL HERITAGE PRESERVATION
NATURAL HERITAGE PRESERVATION
PRIVACY
PUBLIC PARTICIPATION
LEGAL CONSIDERATIONS IN
URBAN DESIGN
The input of legal aspects into the urban
development and planning process is both a
matter of politics, technicalities,
and stakeholders. Through its profound
implication for urban development, principles
of law define the systems of urban
government.
CITY DEVELOPMENT PLAN /
FUNCTIONAL ZONING

The City Development Plan sets out a vision

and overall strategy for the future
development of a city, providing a framework
through which new development proposals
can be regulated and assessed.
Zoning (the regulation of building activity
according to use and location) can facilitate
this, such as locating high-rise, high-density
establishments such as office and
commercial buildings near transport centers.
Urban density is also often regulated by the
city planning authority through development
management standards included in the
Development Plan.
DEVELOPMENT MANAGEMENT
STANDARDS

Development Management Standards are

included in City Development Plans. Such
standards provide criteria and guidance for
developers on how a planning authority will
assess planning applications.
Such criteria typically include a land use
zoning matrix, site development standards,
and design principles.
ALLOCATION OF
RECREATIONAL OBJECTS AND
RESORTS

Planning has always sought to incorporate

nature and open space in urban areas and to
ensure that the surrounding landscape is
protected as far as possible.
Requirements for recreational and open
space within new developments are typically
addressed through development
control/management standards.

Public open space is open space which

makes a contribution to the public domain
and is accessible to the public.
 TRAFFIC IMPACT REQUIREMENT
/ ROAD CONSTRUCTION
Developers are often required to submit a
Transport Assessment to a Planning Authority
along with their planning application.
Such assessments can include information
on potential traffic generation from the site,
the area of impact of the proposal, the local
rate of traffic growth, potential modal split etc.
Traffic Assessments are generally
requested for large developments which are
likely to generate higher volumes of traffic or
lead to a prolonged period of road disruption.
SAFETY

Issues of public safety are increasingly

considered in planning processes.
With respect to emergency management,
urban planning departments within city
authorities have a legal obligation to facilitate
first responders to react to emergencies.
Planning authorities must assess development
proposals in accordance with these established
guidelines and any guidelines in place at a
National level.
City Development Plans and other spatial plans
such as Local Area Plans must be consistent with
these guidelines.
Urban planning must also ensure that new
development proposals incorporate hazard risk
mitigation measures.
 BUILDING CODES / BUILDING
REGULATIONS

Urban planners rely on the statutory role of

the city development plan which will typically
include a section on development
management standards.
This will be aligned with the relevant
building code/building regulations for the
design and construction of new buildings,
extensions and material alterations to and
certain changes of use of existing buildings.
The building code/regulations will typically set
out minimum standards under the following
types of areas:

• Structure
• Fire safety
• Site preparation and resistance to moisture
• Materials and workmanship
• Sound
• Ventilation
• Hygiene
• Drainage & waste water disposal
• Heat producing appliances
• Stairways, ladders, ramps and guards
• Conservation of fuel and energy
• Access for people with disabilities
Building control authorities have powers to
inspect design documents and buildings, as
well as powers of enforcement and
prosecution where breaches of regulations
occur. primary responsibility for compliance
rests with designers, builders and building
APPEARANCE

Concerned systems and regulations on

building heights, styles, sizes, and similar
factors which may be established to prevent
aesthetic clutter
In addition to buildings, these systems and
regulations may also apply to other elements
of the public realm such as signposts, street
lights, and building signs which could cause
aesthetic clutter.
CULTURAL HERITAGE
PRESERVATION
Special protection clauses (rules of
conservation of cultural heritage,
monuments, and goods of contemporary
culture) on historic monuments and
historical areas may restrict changes to the
built environment.
Structures considered to be of special
interest from an architectural, cultural,
historical, archaeological, artistic or scientific
point of view are often designated as a
‘Protected Structure’ or a ‘Listed Building’.
 NATURAL HERITAGE
PRESERVATION
Restricts allowed use of space in concordance
with the requirements of local natural
resources.
In the preparation of a City Development Plan
there is often a mandatory obligation on a
Planning Authority to include objectives for the
conservation and protection of natural heritage .
PRIVACY
Restricts the gathering, storage and use of
personal information to a minimal required
level.
Can be relevant in designing security
measures using screening and some forms
of surveillance.
PUBLIC PARTICIPATION

Because of the different cultural

approaches in the common decision-making
process, citizen participation represents a
very important process in the preparation of
an urban plan.
• The legal framework provides compulsory acts
(both primary and secondary legislation)
for safety in urban planning.
• Basic legal and political frameworks determine
conditions under which urban management
should be organized, urban reforms can proceed,
and urban development processes are guided.
• Planninglaws limit an owner’s rights in private
property in order to secure benefits for the
community as a whole.
These benefits include:

• Safety and personal health

• Convenience
• Amenities
• Agreeable environments for the public
• Acceptable standards of private and public
living as well as work places
• Reasonable
burdens of public expenditures
that have to be incurred when land is
developed.
LESSON SUMMARY
CITY DEVELOPMENT PLAN / FUNCTIONAL ZONING
A city's future development is outlined in the city
development plan, which also serves as a
framework for regulating and evaluating new
development plans.
DEVELOPMENT MANAGEMENT STANDARDS
These guidelines offer developers criteria and
direction on how a planning authority will evaluate
planning applications.
ALLOCATION OF RECREATIONAL OBJECTS AND
RESORTS
Nature and open space have traditionally been
incorporated into urban planning in an effort to preserve
as much of the surrounding landscape as feasible.
TRAFFIC IMPACT REQUIREMENT / ROAD
CONSTRUCTION
Assessments can include information about the
proposal's impact area, potential modal split, potential
traffic generation from the site, and more.
SAFETY
Planning processes are increasingly taking into account
safety concerns.
BUILDING CODES / BUILDING REGULATIONS
The health, safety, and well-being of individuals, energy
and fuel conservation, and accessibility for people with
disabilities are all covered by Building Regulations in
relation to buildings.
APPEARANCE
Concerned about the possibility of establishing systems
and regulations regarding building heights, styles, sizes,
and other similar factors to prevent aesthetic clutter.
CULTURAL HERITAGE PRESERVATION
On historic monuments and historical areas, special
protection clauses may limit changes to the built
environment.
NATURAL HERITAGE PRESERVATION
Use of space limited in accordance with the needs
of the local natural resources.
PRIVACY
Restricts personal information collection, storage,
and use to the minimum necessary level.
PUBLIC PARTICIPATION
In the process of creating an urban plan, citizen
participation plays a crucial role.
•
 -END-
THANK YOU!