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Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE ON LAND AND POVERTY “Integrating Land Governance into the Post-2015 Agenda: Harnessing Synergies for Implementation and Monitoring Impact” Research on Key Aspects of Land Governance
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Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Dec 15, 2015

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Page 1: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Land Use Planning for Climate Change Adaptation in

SMALL ISLAND CARIBBEAN STATES

Danielle EdwardsAttorney-at-Law & LL.M. Candidate

2014 WORLD BANK CONFERENCE ON LAND AND POVERTY“Integrating Land Governance into the Post-2015 Agenda: Harnessing Synergies for Implementation and Monitoring

Impact”

Research on Key Aspects of Land Governance

Page 2: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Outline

Images of Climate Change events Definition of Land Use Planning Land Use Planning Laws Institutional Framework Major areas for Land Use Planning

adaptation strategy Recommendations

Page 3: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

On the ‘Frontlines of Climate Change’

Image: Flickr/ Steve_Mc

Page 4: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Image: Desmond Brown/ IPS; Source: http://goo.gl/q4JLjG

Port-of-Spain, Trinidad & Tobago

Increased vulnerability to floods spell and increased disaster risk, flooding of homes and cars

Page 5: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Photo credit: The Voice SLU

Implications for the Insurance Industry

Page 6: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Image: Planet Barbados Blog; Source: http://goo.gl/tKuGTR

Mullins Bay, Barbados

Rising sea levels and beach erosion – a big threat to the tourism industry, investment and GDP derived from tourism

Page 7: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Mullins Bay, Barbados

Image: Planet Barbados Blog; Source: http://goo.gl/tKuGTR

The Caribbean islands have built their tourism image on sun sea and sand- a lot is at stake.

As the sea levels continue to rise, time is running out

Page 8: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Roseau, Dominica

Poor land use practices threaten watersheds and water supply.In Dominica, rivers are drying up.

In many other islands, many rivers have already dried up.

Image: Desmond Brown/ IPS; Source: http://goo.gl/hVSbq0

Page 9: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Tough choices vs. food insecurity

Food Security is threatened by hurricanes.

Every time a crop is lost,- the food import bill increases,

- agricultural GDP is affected - farmers and households suffer greatly

Image: News.dm; Source: http://goo.gl/dFz6gI

Image: Spinoza Rod Company; Source: http://goo.gl/SjzkSF

Page 10: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Climate Change is placing greater pressures on the already fragile economies of small island Caribbean states.

Page 11: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Image: Repeating Islands; Source: http://goo.gl/RmNjPA

Carib (Kalinago) Reserve, Dominica

Indigenous people are very vulnerable because of close relationship with environment

Page 12: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

%GDP Loss if we don’t act soon

0

10

20

30

40

50

60

70

2025

2050

Source: Bueno et al. (2011), The Caribbean and Climate Change, The Costs of Inactionhttp://ase.tufts.edu/gdae/Pubs/rp/Caribbean-ES-Eng.pdf

Page 13: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Definition of Land Use Planning

Land use planning is the systematic assessment of land and water potential, alternatives for land use, and economic and social conditions in order to select and adopt the best land-use options. (FAO)

Page 14: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Land Use Planning must be a part of Climate Change Adaptation strategy in the post-2015 developing strategy for Small Caribbean States.

Major areas for Land Use Planning adaptation strategy:

1. Watershed Management2. Improving Food Security3. Disaster Risk Reduction4. Sustainable Tourism Development5. Protection of Indigenous People (Dominica)

Page 15: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Land Use Planning LawsBarbadosTown and Country Planning Act Cap. 240 and the Coastal Zone Management Act Cap. 394

Dominica2002 Physical Planning Act

Trinidad & Tobago Town and Country Planning Act (TCPA) 1982, Chap 35:01

Page 16: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Land use planning as the systematic assessment of land and water potential, alternatives for land use, and economic and social conditions in order to select and adopt the best land-use options. (FAO)

BarbadosTown and Country Planning Advisory Committee

DominicaPhysical Planning and Development Authority

Trinidad & Tobago The Town and Country Planning Division

Page 17: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

WATERSHED MANAGEMENT

Trinidad & Tobago’s

Section 9(2) of Trinidad & Tobago’s TCPA land use planning authorities may impose conditions on a grant of development permission.

In practice these can include responsibilities to:

(i) the preservation of the existing watercourses on the site, thereby prohibiting backfilling of tributaries

(ii) the preservation of trees, vegetation or other natural features of the land

Dominica’s Act

Section 28(1) of The 2002 Act The Authority may impose conditions on a grant of development permission which arrange for the preservation of the supply of water to the development and the preservation of vegetation or other natural features of the land.

Page 18: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

A lack of focus on food security in land use planning may actually undermine community food security.

Pothukuchi and Kaufman (2000)

IMPROVING FOOD SECURITY

Page 19: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

IMPROVING FOOD SECURITY

Barbados Act

Section 6(1) of Barbados Town and Country Planning Act requires the Town and Country Planning Committee to create a development plan.

Section 6(1)(b) requires the requisite authorities to ‘allocate areas of land for use for agricultural […] purposes’. Pursuant to section 11(1) of the Barbados Act, the

Chief Town Planner is under a duty to carry out a fresh survey of the island and submit a report of the survey together with proposals for alterations or additions every five years.

This provision allows the land use planning authority to revise the allocation of agricultural land, informed by changes in community food security

Page 20: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

DISASTER RISK MANAGEMENT

Trinidad & Tobago and Dominica

land use planning authorities may make recommendations to the Minister to relocate and rehabilitate settlements from vulnerable coastal settlements or flood zones in the interest of disaster risk management.

Trinidad & TobagoAdvisory Town Planning Panel may make such recommendations for relocation under section 4 of the Town and Country Planning Act.

DominicaUnder section 9(4)(b) a development plan may designate any area as an area which should not be developed due to its susceptibility to flooding, erosion, subsidence, instability or other condition of the physical environment

Page 21: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Government policy, funding and support will ultimately determine whether these recommendations are adopted or implemented through adaptation strategies.

Image: Reflections development Source: http://goo.gl/0BD2E4

Page 22: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

SUSTAINABLE TOURISM DEVELOPMENT

A 2010 report by the Caribbean Community Climate Change Centre concluded approximately $BDS1,532,105,500 of tourism assets of a single tourism development area- Speightstown, Barbados is at risk to the impacts of climate change

Barbados

Minister must consult the Director of Coastal Zone Management prior to granting or refusing planning permission within coastal management zone. (sections 15(1A) and 17(1C) of the Town and Country Planning Act)

Section 8 provides for consultation with those who may be affected by proposed development.

Members of the public may have the opportunity to raise awareness of specific circumstances which heighten their vulnerability to climate change.

This outreach can enable land governance authorities in better decision-making for disaster risk reduction through coastal management

Page 23: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Dominica

Section 3(1)(h) of the 2002 Act

Empowers the Authority to make decisions for improving the well-being of the people of Dominica.

- Indigenous people live on communal lands, without title.

- However, the Authority may encourage improved building technologies to reduce community based disaster risk reduction in the Carib Reserve through outreach programs.

- Encourage community leaders to integrate standard building practices with traditional methods for disaster risk reduction

PROTECTION OF INDIGENOUS PEOPLE

Page 24: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Land Use Planning will not fix all of our problems, but without improved land use planning our problems cannot be solved.

Page 25: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

CHALLENGES FOR LAND USE PLANNING

Inadequate remedies where government is the aggressor.

Page 26: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

CHALLENGES FOR LAND USE PLANNING

Too much room for political interference where major environmental decisions are at stake.

Section 12(1) of the Trinidad & Tobago Act, the Minister may give directions to any local authority to whom functions have been delegated under section 10 requiring that any application made to that authority for permission to develop land, or all such applications of any class specified in the directions, shall be referred to the Minister instead of being dealt with by the local authority.

Page 27: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

CHALLENGES FOR LAND USE PLANNING

Political representatives may shy away from plans to relocate their constituents.Planning authorities can only make recommendations for relocation settlements from flood zones in the interest of disaster risk management .

Page 28: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Inadequate funding to mainstream initiatives.

Government policy, funding and political agenda will determine whether these recommendations are implemented.

Page 29: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

RECOMMENDATIONS

Create Land Use Planning Funds Administered and managed by land use

planning authorities, with little room for political interference

Public Funds

Adaptation Funds Relocation Initiatives, Food Security initiatives, Public outreach Campaigns

Page 30: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

RECOMMENDATIONS

Reform Laws

- Reduce scope for Political Interference

- Give Authorities more defined powers in Barbados and Trinidad & Tobago

Capacity Building Workshops

- Educate land use planners,

- Ensure full time legal staff is available to support land use planning authorities, in some islands there is no full time attorney

- Encourage stronger relationships between police officers and land use planning authorities

Page 31: Land Use Planning for Climate Change Adaptation in SMALL ISLAND CARIBBEAN STATES Danielle Edwards Attorney-at-Law & LL.M. Candidate 2014 WORLD BANK CONFERENCE.

Thank You!

Source: http://sgsinternships.blog.usf.edu/2011/mshumangroh/06/05/some-of-the-water-issues-here/

Soufriere, Dominica