Contents

1) Introduction............................................................................................................ 11-1) theIssues............................................................................................................. 21-2) The Aim.............................................................................................................. 31-3) Definitions.......................................................................................................... 3

2) Background of the study............................................................................................ 52-1) Vienna Memorandum-2005............................................................................... 72-1-1) Principles and Aims..................................................................................... 72-1-2) Guidelines for UrbanDevelopment............................................................. 82-1-3) Recommendations....................................................................................... 9

2-2) Draft European Landscape Conventions..........................................................102-2-1) the Problems Facing European Landscapes.............................................. 102-2-2) Principles................................................................................................... 11

2-3) Landscape Law within African EnvironmentalLaw........................................ 132-3-1) the LegalStructure..................................................................................... 13

2-4) Singapore: Fashioning Landscape for "The Garden City"............................... 152-5) Law of Malaysia- Act 645................................................................................ 172-5-1) Care of heritage site................................................................................... 182-5-2) Inspection of heritagesite.......................................................................... 192-5-3) Application for planning permission for heritagesite ............................... 192-5-4) Financing conservationwork..................................................................... 21

2-6) UNESCO Recommendations on the Historic UrbanLandscape...................... 222-6-1)Policies.......................................................................................................232-6-2) Tools.......................................................................................................... 24

3) Conclusion............................................................................................................... 25References

1

1) Introduction

Landscape had not received as much attention from

environmental policy makers, and environmental lawyers for

many decades and it has not been the subject of much

international debate. But raising the new concept of the

World Heritage Convention which is "cultural landscapes"

in recent few years contributed to establish many

principles for this matter.

Urban conservation is an important part of modern

heritage policies. For at least half a century, historic

cities have obtained an incomparable status in modern

culture and in modern life. (Van Oers. R, 2007) These

historical sites have become the icons of global

cultural tourism and present not only different

lifestyles but also show variety of cultural experiences

in different periods of history in different parts of the

world.

But why should we conserve the urban landscape? The

answer lies in interaction between people and nature which

is at the core of the idea of landscape. "Landscape is a

piece of territory which may include coastal and/or inland

waters, as perceived by populations, the appearance of

2

which is determined by the action and inter-action of

natural and human factors". (Draft European Landscape

Convention, 1997)

"Reading" landscapes is a way of understanding how

our ancestors survived and shaped the world around

them. Thus landscape provides a connection to our past.

And it is a way in which people can find identity and

distinctiveness; thus it provides a sense of place.

(IUCN, 2000)

Landscapes have crucial roles in economic, tourism and

recreation industries upon which many jobs and local

incomes depend. Urban landscapes provide cultural,

recreational and visual experiences for people who have to

spend most of their time in the controlled environments of

our cities. Indeed preserving the role of landscapes as

3

a setting for enhancing the physical health and

mental well-being of urban populations needs strong

principles and guidelines which can stand against

vast recent urbanism.

This study attempts to highlight the principles and

guidelines which have been provided in different parts

of the world to tackle with the issues that treat

the historical urban landscape (HUL).To this end first the

issues need to be clear.

As additional example for the landscape conservation,

further sections cover some established principles of

different parts of the world such as, Europe, Africa,

Malaysia and Singapore in consent with UNESCO

Recommendation on the Historic Urban Landscape.

1‐1) theIssues

One of the main issues in conservation historical

urban landscape (HUL) is its contrast with economic

and environmental trends, which threats historical

values through new developments. Regarding to growth of

Global population and migrations which causes the growing

4

demand for land, specific principles and main guidelines

for increasing pressures for land conversion are

needed to ensure the long term protection of the

urban landscape historic values.

According to Tiamsoon Sirisriak (2007), there are more

three major issues which are identified based on the

notion of historic urban landscape and the ICOMOS Ename

Charter for the Interpretation and Presentation of

Cultural Heritage Sites.

1) The deficiency interpretation and presentation of theintangible value,

2) Excessive focus on tourism business purpose,

3) Reproduction work and authenticity in historic urbanlandscape.

5

1‐2) The Aim The aim of historical urban landscape approach is

preserving the quality of the human environment,

enhancing the productive and sustainable use of urban

spaces, while recognizing their dynamic character,

and promoting social and functional diversity. It

integrates the goals of urban heritage conservation and

those of social and economic development. It is rooted in

a balanced and sustainable relationship between the urban

and natural environment, between the needs of

present and future generations and the legacy from the

past.

The guidelines which are available today about

historical urban landscape conservation are not small:

they are formed based on internationally accepted

principles of conservation, reflected in important

international Charters and legal tools such as the 1972

World Heritage Convention. Furthermore, the toolkit is

supported by a large number of good practices developed

over more than a century in different contexts and on

an elaborate planning and regulatory framework.

However, even these accepted principles work weak and

6

powerless in front of the forces of change in the urban

scenes.

1‐3) DefinitionsAccording to the Constitution of UNESCO, the definition

of “the historic urban landscape” is the urban area

understood as the result of a historic layering of

cultural and natural values and attributes, extending

beyond the notion of “historic centre” or “ensemble” to

include the broader urban context and its geographical

setting.

This wider context includes notably the site’s

topography, geomorphology, hydrology and natural

features, its built environment, both historic and

contemporary, its infrastructures above and below ground,

its open spaces and gardens, its land use patterns and

spatial organization, perceptions and visual

relationships, as well as all

7

other elements of the urban structure. It also includes

social and cultural practices and values, economic

processes and the intangible dimensions of heritage as

related to diversity and identity. (www.portal.unesco.org)

This definition contributes, achieving to

comprehensive and integrated approach for the

identification, management and conservation of

historic urban landscapes (HUL). The historic urban

landscape approach considers cultural diversity and

creativity as key assets for human, social and economic

development, and provides tools to manage physical and

social transformations and to ensure that contemporary

interventions are harmoniously integrated with heritage

in a historic setting and take into account regional

contexts.

The concept of ‘landscape’ is a cultural construct

involving the existing natural environment, but described

and classified in cultural terms. A ‘cultural landscape’

is considered to be the “combined works of nature and of

man”, where the emphasis is on a long-term,

structural and harmonious interaction between man

8

and the environment that has created a inclusive new

characteristic.

Accordingly it could be argued that an urban landscape

consists of a pre-existing environment, involving

topography, physical and natural feature, which has been

modified in part or completely through the

process of urbanization. Urban morphology scholars

define the urban landscape as a collective record

of the succession of booms, slumps and innovation

adoptions within a particular locale, which thereby

acquires its own genius loci. (Whitehand. J. W. R, 1993)

9

2) Background of the study

In year 1998 the Colloquium on Landscape Conservation

Law took place in Paris with the approach of

discussion about Present Trends and Perspectives

in International and Comparative Law. This event was part

of a number of similar events which took place around

the world on this occasion; while the attention given

to landscape in environmental law is new and the subject

raises a series of issues, which have been highlighted at

the Colloquium.

One of the aspects of this Colloquium was to explore the

elements of landscape conservation law in different parts

of the world. The other aspect was, reviewing the draft

European Landscape Convention, which is the first of its

kind and prepared by the Council of Europe. (IUCN, 2000)

During its 27th session in Paris, in 2003, the World

Heritage Committee called for the organization of a

symposium to discuss how to properly regulate the needs

for modernization of historic urban environments, while at

the same time preserving the values set in inherited

townscapes, in particular of cities which are on the

World Heritage List. In response, the World Heritage

10

Centre in cooperation with ICOMOS and the City of Vienna

organized the international conference ‘World Heritage and

Contemporary Architecture – Managing the Historic Urban

Landscape’ which took place in Vienna, Austria in 2005.

At this conference a primary outline of principles and

guidelines was adopted, the so-called “Vienna Memorandum”;

this promoted an integrated approach to contemporary

architecture, urban development and integrity of the

inherited landscape. (Van Oers. R, 2007)

The World Heritage Committee at its 29th session in July

2005 in Durban, South Africa, welcomed the Vienna

Memorandum as a necessary additional tool for

discussing and assessing contemporary architectural

interventions, including high-rise

11

constructions, in World Heritage cities and their wider

setting. The World Heritage Committee furthermore

recommended “that the General Conference of UNESCO

adopt a new Recommendation to complement and update the

existing ones on the subject of conservation of

historic urban landscapes, with special reference to

the need to link contemporary architecture to the urban

historic context”. (Van Oers. R,

2007)

Following the Committee’s decision, the Vienna

Memorandum formed the basis for the ‘Declaration on the

Conservation of Historic Urban Landscapes’ (HUL) which was

adopted by the 15th General Assembly of States Parties to

the World Heritage Convention in October 2005 at UNESCO

Headquarters in Paris.

It is important to note that the Vienna Memorandum is not

a Charter, or a finalized document that could guide urban

development and conservation.

In addition to three planning meetings held at UNESCOHeadquarters (in 2006,

2008 and February 2010), Several regional expert

meetings also took place in different parts of the

12

world such as Jerusalem (June 2006), Saint Petersburg,

Russian Federation (January 2007), Olinda, Brazil (November

2007), Zanzibar, Tanzania (November/December 2009) and

Rio de Janeiro, Brazil (December 2009), to

constitute the core of the debate with identification of

issues, approaches and tools. (www.unesdoc.unesco.org)

In general a broad support for the ongoing review

process has been expressed, in which the 2005 Vienna

Memorandum was widely recognized as a useful basis;

furthermore, it was completely approved by the UNESCO

General Conference to prepare a new Recommendation on

the Historic Urban Landscape for adoption in year

2011.

13

The following section presents some parts of the Vienna

Memorandum on “World Heritage and Contemporary

Architecture – Managing the Historic Urban Landscape” as

it was presented to the 29th session of the World Heritage

Committee.

2‐1) Vienna Memorandum‐ 2005

2‐1‐1) Principles and Aims

Continuous changes in functional use, social

structure, political context and economic

development that manifest themselves in the

form of structural interventions in the inherited

historic urban landscape may be acknowledged as part

of the city's tradition, and require a vision on the city

as a whole with forward- looking action on the part of

decision-makers, and a dialogue with the other actors

and stakeholders involved.

The central challenge of contemporary architecture in

the historic urban landscape is to respond to

development dynamics in order to facilitate socio-

economic changes and growth on the one hand, while

simultaneously respecting the inherited townscape and

its landscape setting on the other. Living historic

14

cities, especially World Heritage cities, require a

policy of city planning and management that takes

conservation as one key point for conservation. In this

process, the historic city’s authenticity and

integrity, which are determined by various factors,

must not be compromised.

The future of our historic urban landscape calls for

mutual understanding between policy makers, urban

planners, city developers, architects,

conservationists, property owners, investors and

concerned citizens, working together to preserve the

urban heritage while considering the modernization

and development of society in a culturally and

historic sensitive manner, strengthening identity

and social cohesion.

15

Taking into account the emotional connection

between human beings and their environment, their

sense of place, it is fundamental to guarantee an

urban environmental quality of living to contribute to

the economic success of a city and to its social and

cultural vitality.

A central concern of physical and functional

interventions is to enhance quality of life and

production efficiency by improving living, working and

recreational Preparation of a New Recommendation on

the Conservation of Historic Urban Landscapes

2‐1‐2) Guidelines for Urban Development

Ethic standards and a demand for high-quality design

and execution, sensitive to the cultural-historic

context, are prerequisites for the planning

process. Architecture of quality in historic areas

should give proper consideration to the given scales,

particularly with reference to building volumes and

heights. It is important for new development to

minimize direct impacts on important historic elements,

such as significant structures or

archaeological deposits. Spatial structures in and

16

around historic cities are to be enhanced through urban

design and art as they are key elements of the

renaissance of historic cities: urban design and art

express their specific historical, social and economic

components and transmit them to forthcoming generations.

Preservation of World Heritage sites also involves

the design of public space: particular attention is

to be paid to functionality, scale, materials,

lighting, street furniture, advertising, and vegetation,

to name a few. Urban planning infrastructure in heritage

zones must include all measures to respect the historic

fabric, building stock and context, and to mitigate the

negative effects of traffic circulation and parking.

17

Townscapes, roofscapes, main visual axes, building

plots and types are integral parts of the identity of

the historic urban landscape. With regard to renewal,

the historic roofscape and the original building plots

serve as the basis for planning and design.

As a general principle, proportion and design must fit

into the particular type of historic pattern and

architecture, while removing the core of building stock

worthy of protection (“façadism”) does not constitute

an appropriate mean of structural intervention. Special

care should be taken to ensure that the development of

contemporary architecture in World Heritage cities is

complementary to values of the historic urban landscape

and remains within limits in order not to compromise

the historic nature of the city.

2‐1‐3)Recommendations

The following considerations are directed to theWorld Heritage Committee and

UNESCO:

a) With regard to historic urban areas already inscribed

on the World Heritage List, the concept of the historic

urban landscape and the recommendations expressed in this

18

Memorandum need to be taken into account when

reviewing any potential or ascertained impact on the

integrity of a World Heritage property. These principles

should be enhanced by plans which delineate the specific

measures to be taken for the protection of the historic

urban landscape.

b) When considering the inscription of new properties

and sites of historic urban areas on the World Heritage

List, it is recommended that the concept of the historic

urban landscape be included in the nomination and

evaluation process.

10

c) UNESCO is invited to study the possibility for

formulating a new recommendation to complement and

update the existing ones on the subject of historic

urban landscapes, with special reference to the

contextualization of contemporary architecture which

should be submitted, at a future date, to the General

Conference of UNESCO.

2‐2) Draft European LandscapeConventions

According to Adrian Phillips (1998) the richness and

diversity of landscapes in Europe is a particular feature

of this region of the world. "There is probably nowhere

else where the signs of human interaction with nature

in landscape are so varied, contrasting and localized"

(Stanners and Bordeau, 1995, p. 172). Despite that,

hitherto landscapes have been regarded very much as a

national or even a local responsibility, and their

emergence on the European scale has only been

recent. There is now growing recognition that all

countries face pressures on their landscapes, and need to

share experience in dealing with these issues.

11

2‐2‐1) the Problems Facing EuropeanLandscapes

Most modern development in twentieth century has been

large in scale, insensitive in design and dominating in

its impact, which as a result it reduces the quality of

the landscape. More apparent examples can be found in

Western Europe.

In addition to the pressures of development, landscapes

around cities have suffered through abandonment and

neglect. As traditional land uses become impossible

to maintain under pressures from nearby urban centers.

Another group of problems are those associated with

pollution and misuse of the resources of land, air and

water. Sometimes long range pollution has an impact on

forest landscapes throughout Europe. Excessive abstraction

lowers water tables with damaging impact on wetland

vegetation; so too does the canalization of rivers.

12

Insidious forms of pollution affect soil, freshwater and

coastal areas – and all have an impact on the landscape.

Climate change and rising sea levels are also bound to

have a far reaching landscape effect. (IUCN, 2000)

The European Landscape Conventions policies need

to be efficient enough to ensure the survival of

Europe's rich heritage of landscapes in a period of

accelerating economic and social change. This means

aiming to reduce the damaging effect of activities on

the landscape, and on the natural and cultural values

which it contains, and at the same time encouraging the

creation of new landscape values. The objective should be

to sustain and even enrich the diversity and quality of

Europe's landscapes within the context of social and

economic development. This is the challenge which the

Draft Landscape Convention seeks to address.

2‐2‐2)Principles

Based on IUCN (2000) The European Landscape

Convention draft convention is based on three

principles:

• Recognition of the value and importance of thelandscapes to the people of

13

Europe;

• Belief that it is possible to guide the process of

change affecting landscapes so that variety, diversity

and quality are enhanced; and

• Conviction that people must be involved in making thishappen.

The Draft Convention seeks to build on these principles by

promoting actions at both national and European levels.

At the international level, the Draft Convention proposes

to complement the national level of landscape protection,

management and planning with a European-wide set of

actions. These are of four kinds:

• Support fornational effort;

14

• Support for transfrontier landscapes;

• Recognition of outstanding achievements in landscape

protection, management and planning;

• Recognition of landscapes of European significance.

One important role of the Draft Convention is to

promote higher standards in landscape protection,

management and planning. The proposed European Landscape

Prize would be a way of conferring such

distinction, recognising outstandingly successful

efforts and promoting them as examples to be

followed elsewhere in Europe. Its award would carry

with it a commitment to continued high standards in the

care of the area.

This concept of landscapes of European significance

would of course complement the World Heritage Status

which UNESCO has recently extended to the field of

cultural landscapes. Thus it would put in place a three

tier level of recognition, landscapes of national

importance (normally identified as protected landscapes,

i.e. Category V), landscapes of European significance

(recognized under the proposed Landscape Convention),

and cultural landscapes of "outstanding universal value"

15

recognised under the World Heritage Convention. The

Draft Convention has been welcomed by the World Heritage

Centre as complementing the World Heritage Convention's

efforts at the global scale by putting in place also a

regional level of landscape recognition.

Despite the importance of the idea of landscapes of

European significance, it is worth repeating that in

general the Draft Convention is about all landscapes;

it is deliberately comprehensive and relevant to

the setting of everyone's life. Its philosophy can

be captured in the phrase "nowhere is nowhere, and

everywhere is somewhere". (IUCN, 2000)

16

2‐3) Landscape Law within AfricanEnvironmental Law

According to Charles Okidi (1998) Africa is certainly

a very diverse continent, with great diversity of

geophysical forms: forests, vegetative cover, wildlife and

the human beings that interact with them. Left to

themselves, the vegetative cover and the geophysical

forms would probably retain a pristine setting. However

there are not many laws in Africa addressing the

question of landscapes as such. Provisions relating

to landscape are found in the physical planning laws of

the various countries and this proposes something

specific: management of landscapes, regulations and

legal regimes for management of landscapes are

intertwined with human interaction. The laws relating to

physical planning in the African setting largely

relate to the utilization of space and of natural

resources by the human element in it.

2‐3‐1) the LegalStructure

As Charles Okidi (1998) states in his study on the

laws relating to landscapes in Africa, for about ten

years the Physical Planning Act (N. 88 of 1967) remained

17

in force in South Africa in its original formulation, but

within the last 30 years this law has undergone ten major

amendments, which are the following:

1. Physical Planning and Utilisation of ResourcesAmendment Act, N. 73 of

1975;

2. Environment Planning Amendment Act, 1977;

3. Environment Planning Amendment Act, 1981;

4. Physical Planning Amendment Act, 1983;

5. Physical Planning Amendment Act, 1984;

6. Then a similar Act adopted in 1985, followed byRegional Services Councils

Act, 1985;

18

7. Transfer of Powers and Duties of the President,

1986 relating to the power of the President to

control the use of land and resources;

8. Environment Conservation Act, 1989 which

still largely remains the framework law of

South Africa;

9. KwaZulu-Natal Joint Services Act, 1990;

10. Physical Planning Act, 1991.

Physical planning law describes largely the main

features of what it controls and the processes used. In

Western Africa, Nigeria has a federal system and, so,

there is federal, state and urban physical planning which

also includes land use.

At the local level, or in the urban setting, the

governing and controlling institution is the Authority

which initiates and develops local physical and development

plans and receives petitions. One of the requirements at

all three levels – local or urban, state and federal – is

that the physical planning act adopted at each level must

be publicized in at least two, widely read, national

newspapers. Whether two newspapers is a sufficient

way of exposing a planned decree to the population is

19

highly questionable, but at least it is an attempt to

reach out to the population to get inputs, especially from

expert bodies. Different stakeholders offer their

petitions, which are taken into account for the

revisions, then the local development plan moves to the

state level, where a board coordinates and harmonizes the

different physical development plans applying to both

rural and urban areas.

All this is collated and moved on to the federal

level where the Federal Commission has the

responsibility, not only for the development of the

physical development plan for the country as a whole,

but also for enunciating the federal policies and the

federal regulations. So the movement fluctuates terms of

getting the

20

instructions from the federal level in order to

provide the national policies and develop the national

physical development plan.

In other part of Africa, Kenya, the Physical Planning

Act was adopted in 1996; it deals with physical planning

in both urban and rural areas. It replaced both the old

Land Planning Act, which formerly applied to rural areas

and to land in urban areas, and the Town Planning Act,

which used to apply to urban centers. Kenya's legislation

provides for development of a national physical

development plan, the commission in charge of its

implementation can receive petitions, objections and do

amendments before the final physical planning act is

adopted.

Also in 1996, this country adopted the Physical Planners

Registration Act, which determines the competencies in

terms of professional abilities. There is a registration

process for national physical planners, and the

required qualifications for all intervenient are

specified.

2‐4) Singapore: Fashioning Landscape for "The GardenCity"

21

The Garden City of Singapore is one of the most

important tourist attractions in the Singapore Changi

International Airport. As Koh Kheng Lian(1998) notes

in his research, despite the rapid industrialization,

since the 1960s, when a great part of the natural

surroundings, such as forests, mangroves, flora,

fauna had to disappear to make way for infrastructures,

industrial and urban centers, Singapore has emerged

relatively unscathed by negative environmental impacts.

The green city of Singapore today is the result of a

deliberate 30 years of policy which, according to the

Senior Minister, required "political will and sustained

effort". Singapore inherited from its British

colonial masters a system of land use and planning

control. Some of the laws governing planning and control

are: the Planning Act, the Building Control Act, the

National Parks Act, the Master Plan, the Revised

22

Concept Plan 1991, the Singapore Green Plan Action

Programme and the Recommendations of the Singapore

Green Plan Workgroup 5 on Nature Conservation,

of March 1993. A combination of these hard and soft laws

has been used to fashion Singapore as a garden city.

(IUCN, 2000)

The achievement of the various laws including the

different "Green Plans" was to fashion Singapore's garden

landscape. Zoning is used as a planning device to regulate

the location of various uses of land so as to ensure that

similar and compatible uses are located together while

conflicting uses are located as far apart as possible.17

The Master Plan together with the Concept Plan and the

Revised Concept Plan take into consideration environmental

aspects like pollution and the need for a clean and green

environment. Therefore, for instance, as Singapore was

poised for industrialization, land use was zoned with a

view of segregating water catchment areas and residential

areas from polluting industries. The approach to land

use was at two levels – the macro and micro level. So,

there are provisions for buffer zones of green spaces and

gardens even within industrial estates.

23

Under the Green Plan, 5% of the land of Singapore is set

aside for nature conservation, with 19 nature areas

incorporated into the Revised Concept Plan 1991. However,

only 3 of the 19 areas are protected by legislation,

namely: the Botanic Gardens, the Fort Canning Park and

the Bukit Timah Nature Reserves. (Lian.K.K,

1998)

To support and supplement the natural areas, some of

which have been reduced by industrialization, numerous

trees have been planted to line Singapore's streets

and parks. Indeed, since 1970 more than five million trees

and shrubs have been planted along major roads and

streets. The tree planting policy was stated in

Singapore's National Report for the 1992 United

Nations Conference on Environment and

24

Development Preparatory Committee: "From the outset,

Singapore has always recognized the role of plant cover in

alleviating pollution, promoting rainfall and in improving

the aesthetic quality of life, ..." this is yet another

illustration of pragmatic Singapore.

In the 1960s and 1970s when Singapore, which wasseparated from Malaysia in

1965, engaged in heavy industrialization for its

economic survival, it was a crucial moment in Singapore's

economic development. As some of the natural areas were

bulldozed and land was reclaimed from its wetlands, the

vision of the Garden City was, at times, compromised but

not lost. In the 1970s the Government continued its

efforts to develop Singapore into a garden city and to

provide recreational activities for a growing urban

population. In 1970, the Trees and Plants Act was passed,

with the objective of ensuring the preservation and

growing of trees and plants.

It restricted the felling and cutting of trees

exceeding five feet in girth. The Act was subsequently

amended and consolidated in the Parks and Trees Act,

1975. This Act was aimed at developing, protecting and

25

regulating public parks and gardens and at planting and

preserving trees. The main objective was to strengthen the

institutional framework – it consolidated the Botanic

Gardens Act and Section 7 Part V of the Local Government

Integration Act. A Commissioner of Parks and

Recreation and other Deputy and Assistant

Commissioners were appointed in order to enhance

planning and management of gardens and public parks.

(Lian.K.K, 1998)

2‐5) Law of Malaysia‐Act 645

Malaysia is one of the countries with reach Historical

landscape values; but many rapidly modernizing are

demolishing the heritage resources and character. To

avoid this disaster providing proper and must follow laws

are crucial. Therefore, in Law of Malaysia, Act 645 is

provided for the conservation and preservation of

National

26

Heritage, tangible and intangible cultural heritage,

underwater cultural heritage, treasure trove and for

related matters. Chapter 4 of this Act is about”

Conservation and preservation of heritage site “which is

divided to six sections, as they are named bellow, but

this study just coves four sections:

Ca r e of her it a g e s i t e Inspection o f herit a g e site A ppl i cat i on for pl a nning pe r m is s i on f or her i ta g e site MonumentPreservation Order Duty to keep heritage sitein good repair F i n a ncing conservat i o n work Power to imposeentry fee

2‐5‐1) Care ofheritage site

1) Where a heritage site is situated on an alienated

land, the Commissioner may after consultation with the

State Authority—

a. Make arrangements with the owner or

occupier for the inspection, maintenance,

conservation and preservation of the heritage site;

27

b. Purchase or lease the heritage site;

c. Acquire the heritage site in accordance with the

provisions of any written law relating to the

acquisition of land for a public purpose; or

d. Remove the whole or any part of a building ormonument on the heritage site.

2) Where the owner or occupier agrees to such

arrangements under paragraph 1(a), the Commissioner may

make a contribution towards the costs of carrying out

any works of repair or conservation which is deemed

necessary.

3) Where a contribution towards the costs of carrying

out the works is made, such works shall be carried out in

accordance with the direction of the Commissioner.

28

4) The Commissioner shall make good any damage done to

the site or to monument by the removal of any monument

under paragraph 1(d) and may agree to the payment of any

compensation to the owner of the site.

5) Any dispute as to the amount of compensation shall be

referred to the Minister whose decision shall be final.

2‐5‐2) Inspection ofheritage site

1) The owner or occupier of a heritage site situated on

an alienated land shall permit the Commissioner or any

authorized officer to enter upon the site to inspect,

survey, investigate or t o c a r r y out a n y w o r k

necessary for the c o n s e r v a t i o n , repair,

maintenance and cleanliness as is deemed expedient or

necessary.

2) The owner or occupier shall be given a notice in

writing of not less than seven days of any proposed entry.

3) Where any person objects to such entry under subsection

(1) on conscientious or religious grounds, such entry

shall not be effected except with the permission in

writing of the State Authority where the heritage site is

situated.

29

4) The owner or occupier shall be entitled to claim

compensation for any loss or damage suffered or alleged

to have been suffered by him by reason of such entry

under subsection (1).

5) Any dispute as to the amount of compensation shall be

referred to the Minister whose decision shall be final.

2‐5‐3) Application for planning permission forheritage site

1) The Commissioner shall coordinate and advise the local

planning authority before any planning permission or

development order is granted involving a heritage site.

20

2) Where the local planning authority refers any

application by any person for planning permission or

development order to the Commissioner, such

application shall contain—

a. sufficient particulars to identify the

monument to which the application relates,

including its layout plan, measured building plan

and photographs of its every angle, including the

exterior and interior of such monument;

b. Such other plans and drawings as are necessary to

describe the work which is the subject of the

application;

c. Measures that have been taken to secure the safety

of the heritage site and the neighboring land; and

d. Such other particulars as may be required by theCommissioner.

3) For the purpose of paragraph 2(c),neighboring land means—

a. Any land adjoining within a distance of two

hundred meters from the boundary of the land to

which an application under this section relates;

b. Any land separated from the land to which an

application made under this section relates by any

21

road, lane, drain or reserved land, the width of

which does not exceed twenty meters and which

would be adjoining the land to which the

application relates had they not been separated by

such road, lane, drain or reserved land; or

c. Any land located within a distance of two hundred

meters from the boundary of the land to which an

application under this section relates.

4) The Commissioner shall advise the local planning

authority to impose conditions when approving planning

permission or a development order involving a heritage

site which may include—

22

a. requiring compliance with any conservation

guidelines and procedures issued by the Minister;

b. requiring the making good of any damage caused to

any heritage site after the works authorized by the

planning permission or the development order are

completed; or

c. Requiring the protection and retention of any

specified feature of the heritage site.

5) Where the planning permission is approved, the

Commissioner shall liaise, cooperate and coordinate with

the local planning authority to monitor and supervise

that the terms and conditions imposed relating to the

conservation of heritage are complied with.

6) Any person who contravenes any condition imposed under

subsection (4) commits an offence.

2‐5‐4) Financingconservation work

1) An owner of a heritage site may, for the purpose of

carrying out any conservation and preservation works on

the heritage site apply to the Commissioner for any grant

or loan.

23

2) The Commissioner may, in consultation with the Council

and the State Authority, make arrangements with the owner

of a heritage site to carry out any conservation and

preservation works as the Commissioner deems appropriate.

3) The Commissioner may, with the approval of the

Council, issue a grant or loan which is to be disbursed

from the Fund for such conservation and preservation

works.

4) The Commissioner may, when giving the grant or loan,

impose such conditions as he deems appropriate on the

owner.

24

2‐6) UNESCO Recommendations on the Historic UrbanLandscape

On 10 November 2011 UNESCO’s General Conference adopted

the new recommendation on the Historic Urban

Landscape. The Recommendation on the Historic Urban

Landscape will not replace existing doctrines or

conservation approaches; rather, it is an additional tool

to integrate policies and practices of conservation of the

built environment into the wider goals of urban development

in respect of the inherited values and traditions of

different cultural contexts.

The critical steps to implement the Historic Urban

Landscape approach, according to this recommendation, are:

To undertake comprehensive surveys and mapping of the

city’s natural, cultural and human resources;

To reach consensus using participatory planning and

stakeholder consultations on what values to protect for

transmission to future generations and to determine the

attributes that carry these values;

To assess vulnerability of these attributes to socio-

economic stresses and impacts of climate change;

25

To integrate urban heritage values and their

vulnerability status into a wider framework of

city development, which shall provide indications

of areas of heritage sensitivity that require careful

attention to planning, design and implementation of

development projects;

To prioritize actions forconservation and development;

To establish the appropriate partnerships and local

management frameworks for each of the identified

projects for conservation and development, as well as

to develop mechanisms for the coordination of the

various activities between different actors, both

public and private.

26

2‐6‐1)Policies

Modern urban conservation policies, as reflected in

existing international recommendations and charters,

have set the stage for the preservation of historic

urban areas. However, present and future challenges

require the definition and implementation of a new

generation of public policies identifying and

protecting the historic layering and balance of

cultural and natural values in urban

environments.

Conservation of the urban heritage should be

integrated into general policy planning and

practices and those related to the broader urban

context. Policies should provide mechanisms for

balancing conservation and sustainability in the

short and long terms. Special emphasis should be placed

on the harmonious, integration of contemporary

interventions into the historic urban fabric. In

particular, the responsibilities of the different

stakeholders are the following:

a) Member States should integrate urban heritage

conservation strategies into national development policies

27

and agendas according to the historic urban landscape

approach. Within this framework, local authorities

should prepare urban development plans taking into

account the area’s values, including the landscape

and other heritage values, and features associated

therewith;

b) Public and private stakeholders should cooperate, inter

alia, through partnerships to ensure the successful

application of the historic urban landscape

approach; c) International organizations dealing with

sustainable development processes should integrate the

historic urban landscape approach into their

strategies, plans and operations;

d) National and international non-governmentalorganizations should participate in

28

developing and disseminating tools and best practices for

the implementation of the historic urban landscape

approach.

All levels of government, local, regional,

national/federal, aware of their responsibility –

should contribute to the definition, elaboration,

implementation and assessment of urban heritage

conservation policies. These policies should be based on

a participatory approach by all stakeholders and

coordinated from both the institutional and sectorial

viewpoints.

2‐6‐2)Tools

The approach based on the historic urban landscape implies

the application of a range of traditional and innovative

tools adapted to local contexts. Some of these tools,

which need to be developed as part of the process involving

the different stakeholders, might include:

Civic engagement tools: should involve a diverse cross-

section of stakeholders, and empower them to identify

key values in their urban areas.

29

Knowledge and planning tools: should help protect the

integrity and authenticity of the attributes of urban

heritage. They should also allow for the recognition of

cultural significance and diversity, and

provide for the monitoring and management of

change to improve the quality of life and of urban

space.

Regulatory systems: should reflect local conditions,

and may include legislative and regulatory measures

aimed at the conservation and management of the

tangible and intangible attributes of the urban

heritage, including their social, environmental and

cultural values.

Financial tools: should be aimed at building capacities

and supporting innovative income-generating

development, rooted in tradition. In addition to

government and global funds from international

agencies.

30

3) Conclusion

Among developing countries, it has become factual that

International urban conservation charters are not

imposing significant influence in urban conservation

practices. As it was asserted at the outset, landscape has

only recently emerged as a suitable area for

international attention, and there is much to be

learnt about landscapes and their protection,

conservation, and management.

Aware of benefits that all nations enjoy by

preserving heritage fabric and landscape has caused

providing several international urban conservation

charters. These instruments contain international

guidelines and policies that convey practical gains of

promoting and supporting sustainable urban heritage

conservation and development.

A thoroughly modern concept, landscape

combines all four elements of sustainable

development: natural, cultural, social and economic. It is

also a constantly evolving story, the main thread of

which may be grasped by examining the history,

characteristics and modern reality of a particular area,

31

and the way society perceives it. A unique setting and

meeting place for populations, landscape is a key factor

in the physical, mental and spiritual well-being of

individuals and societies. A source of inspiration, it

takes us on a journey, both individual and collective,

through time, space and imagination.

What emerges from studying and comparing different

principles is that the proponents of the convention law

needs to be realistic about what it can achieve and change.

Undoubtedly the current laws and guidelines cannot

cover all the gaps to avoid the continent-wide erosion of

landscape values and the loss of landscape variety and

diversity.

32

In case of the European landscape convention, the provided

draft which was discussed in section 2-2, cannot be the

only means of addressing the urban landscape issues at

the European scale, and due to this there is also Action

Theme 4 of the Pan-European Biological and Landscape

Diversity Strategy (PBLDS), to which the Draft

Convention can make a very specific contribution.

33

References:

Birabi. Allan Kenneth,” International Urban ConservationCharters: Catalytic or

Passive Tools of Urban Conservation Practices among Developing Countries?”.City

& Time 3 (2): 4.2007

Okidi. Charles, “Landscape Law within African EnvironmentalLaw”. IUCN- The

World Conservation Union. 30 October 1998

Phillips. Adrian, “Practical Considerations for theImplementation of aEuropean

Landscape Convention”. IUCN- The World Conservation Union. 30October 1998

IUCN- the World Conservation Union, “Landscape

Conservation Law Present Trends and Perspectives in International and

Comparative Law”.Environmental Policy and Law Paper No. 39.

2000

Sirisrisak. Timsoon, “Historic Urban Landscape: Interpretation and

presentation of the image of the city”. ICOMOS Thailand International

Symposium.2007

The Commissioner of Law Revision, Malaysia. “Act645-National Heritage Act

2005”. June 2006

Van Oers. Ron, “Towards New International Guidelines for theConservation of

Historic Urban Landscapes (HUL) “.CECI. 2007

World Heritage-15GA .the InternationalConference “World Heritage and

34

Contemporary Architecture - Managing the Historic Urban Landscape”.October

2005

http://whc.unesco.org. “Recommendation on the Historic

Urban Landscape, including a glossary of definitions”. November 2011