Development Control and Land Use Planning In the Seaports

ESV Chukwuma Ihuoma Adanna

Development is the carrying out of any building, engineering, mining or other operations in, on, over or under any land or the making of environmentally significant change in the use of land or demolition of buildings including the felling of trees and placing of free standing erections used for display of advertisements on land. It also involves undertakings that are carried out, such as construction activities – real estate operations, engineering, mining and other operations which take place in, on, over and above the surface of the earth; it could mean operations that may occasion change in the use of the environment or land. Development includes any building or rebuilding operations, in, on under the land different from the purpose for which the land or building was being used.

Functionally, development can be defined as the process of dividing raw land into plots, installing streets services and preparing land for the construction of the improvements or the process of adding further improvements (Buildings) to the plots prepared by the subdivider. To Architects and Engineers development could mean the process of carrying out construction works with a change in the use of land or of land with its buildings or with the change in the use of land or with a re-establishment of an existing use. Such works would include alteration, erection of roads and sewers, construction of quay apron, the building of river wall or laying out of playing fields.

Control deals with the process of exercising power over defined boundaries. It is exercised when what is actually happening is compared with and guided towards the achievement of proposals and specifications in the approved building and layout plans. In case of development it means exercising control over the process of development and actual development. It is a mechanism to maintain standards and process laid down by legislation, which regulates development of land and building. It is a professional activity carried out in order to ensure compliance with the approved masterplan thereby ensuring orderliness.

Development control in all ramifications is the very way and manner in which land use or physical development of land is regulated. It is usually carried out to prevent conflict and to promote a harmonious inter-relationship. It ensures that various land uses such as agricultural, commercial, residential, industrial etc. are properly cared and planned for with the aid of development plan. The main objective of development control is to ensure the orderly arrangement and control of land use activities/developments within a defined space.

Development control within the port limits deals with the control of land use and regulation of the detailed aspects of physical development taken into cognizance adherence to minimum standard. It is essential that development of ports conform to minimum standards such that issues on compatibility of various land use are considered. All stakeholders concerned, both government and port users have a crucial role to play in stemming the tide and it is a collective responsibility of all to ensure that various land uses are compatible with one another in order to ensure safety and wellbeing of the port users. Development control has been accepted in all parts of the globe as it checks incompatibility of various land uses.

The need for development control in ports and harbours infrastructure cannot be over-emphasized. The Port areas continue to grow due to infrastructural developments and greenfield development. Industrial and commercial properties such as factories, tank farms, warehouses, stacking areas, banks amongst others spring up other activities competing for available space. Ports have problems of competing land uses which can be internal; arising from changes in port requirements, or external; arising from pressures on land space from other causes. There should be a masterplan of the port and the Port Authorities are to maintain consistent control necessary to protect the plan. Every development must be approved and adequately supervised to ensure compliance with approved specifications and master plan.

There are two levels of development control; they include the micro and macro. At the macro level, the major objective is to control development at subdivision of the land. This is the control of the development of layouts or subdivisions. The aim is to ensure that new areas are brought under port use and influence; they not only form an integral part of the present overall port structure, but also fit into the future structure.

Development control at the subdivision level is necessary so as to ensure its conformity with the standards set for the entire port. Before any development is undertaken, there is need to obtain necessary planning approval or permission from the appropriate planning authority. At subdivision level, plan or layout must be approved before development takes place. Maps are drawn to scale and are expected to contain details such as contour lines, the total land areas in hectares, major topographical and design constraints such as water bodies, streams, gullies, with existing permanent structures etc. A land budget indicates the analysis of the proposed use of the land for industrial, transportation, commercial, open spaces etc in hierarchy and the total number of plots, their sizes and the estimated population to be accommodated.

The objective of development control at the micro level in the ports and harbours is to control development of individual plot and structure within the subdivision. It is the control of development at individual structure level. Development control at individual level involves the design of building plans to satisfy specified standards and ensures that the actual development conforms to the approved plan. It involves enforcement of relevant housing and building codes, in order to ensure that no illegal/unapproved developments are erected. Development control helps to ensure that standard structures are built in the Ports and this will in turn lead to increase in demand for port properties and infrastructure as well as optimal utilization of land resource and maximize revenue generation therefrom.

Port infrastructure refers to the physical facilities, structures and equipment that enable the loading, unloading, storage and handling of cargo, passengers and vessels at the seaport. These include berths, quay aprons, piers, docks, warehouses, cranes, roads, rails, navigation channels and other supporting facilities. These infrastructures are well constructed and maintained to enhance the connectivity between different modes of transportation, such as rail, road and inland waterways, and also to facilitate the movement of cargo to and from the port. Dilapidated port infrastructure leads to long cargo dwell time, poor vessel turnaround time, a long clearing process and port congestion due to the traffic gridlocks along port access roads.

Land use planning is a process that involves assessing, classifying, and managing land in a way that considers the needs of the community and the environment. The main goal of land use planning is to ensure the land and its resources are efficiently used for specific purposes. This helps to protect the environment by ensuring that development is sustainable and that natural resources are conserved. It is essential to ensure highest and best use of land resources to ensure optimum returns and prevent land degradation which is the reduction in the capacity of land to provide ecosystem goods and services and assure its functions over a period for the beneficiaries.

The planning of land use in the ports is a continuous process, therefore it should not cease when the first master plan is completed. The land use planning enables the port to achieve sustainable development, growth management, protection of the environment, good public health and safety, prevention of land-use conflicts as well as economic development.

ESV Chukwuma Ihuoma Adanna, a registered Estate Surveyor and Valuer writes from Lagos, Nigeria.