Topic: National Policy and Institutional Arrangement for Town and City Planning and

Climate Change Adaptation

This draft document is a working paper aiming for providing critical information and analysis

on town and city planning in each of the MBRACE cities. It is believed that well town and

city planning is fundamental to the sustainability of the city development, and is a key

approach to city response to climate change adaptation and disaster preparedness. It is

therefore essential for city development practitioners and climate scientists to well understand

the local context of town and city planning in order to find critical gaps and develop a

promising plan for city climate resilience building implementation or any similar assignment.

This draft paper has only been completed for Thailand. The ISET team will be discussing on

their potential interest and possibility in conducting the part of Viet Nam during the writing

workshop in Hanoi on March 26-28, 2013.

This draft paper consists of three main parts which are

I. Law and Policy Review

II. Town and City Operation Process

III. Case study of MBRACE Cities in Thailand

IV. Key Observations and gaps.

Draft report

Thailand National Policy and Institutional Arrangement for Town and City

Planning and Climate Change Adaptation

Suparerk Janprsart

I. Law and policy review

1.1 The Thai Constitution of 2007 (BE 2550)

The Thai Constitution is the most important and is ranked the highest law. The Thai

Constitution of 2007 was descended from the last 1997 Constitution. It provides a clear

stipulation to accelerate the process of administrative decentralization in order to empower

people; and this would necessitate the establishment of many new Acts. The Constitution

stipulates a number of Articles relevant to city planning and the degree of significance

recognized by the State; and rights and freedom of individual to make the choice of their

residence; to receive information, explanation and justification from a government; and to

participate with government agencies in city planning and environmental protection programs

aimed at sustainable development and public benefits.

Article 34 states that a person shall enjoy the liberty of making the choice of his residence

within the Kingdom, but a restriction shall be made under the virtue of law enacted for

maintaining the security of the State, public order, public welfare, town and country

planning or welfare of youth.

Article 42 points out the importance of town and city planning as one of the State’s duties

to be necessarily executed. Land expropriation shall be accepted only by virtue of the law

enacted for strict purposes of public utilities, necessary national defense, exploitation of

national resources, town and city planning (การผังเมือง), promotion and preservation of

the quality of the environment, agricultural or industrial development, land reform,

conservation of ancient monument and historic sites, or other public interests. And fair

compensation shall be paid in due course to the owner thereof, as well as to all persons

having the rights thereto, who suffer loss by such expropriation, as provided by law.

Article 57 provides a balance and rights to impact individual in receiving information,

explanation and justification from a government agency, State agency, State enterprise or

local government organization before permission is given for the operation of any project

or activity which may affect the quality of the environment, health and sanitary

conditions, the quality of life or any other material interest concerning him or a local

community; and shall have the right to express his opinions on such matters to the

concerned agencies for their consideration.

The State shall organize public consultation thoroughly before the making of social,

economic, politic and cultural development plan, the expropriation of immovable

property, the making of town and country planning, the determination of land use, and the

enactment of rule which may affect material interest of the public.

Article 58 states that an individual shall have the right to participate in the decision-

making process of State official in the performance of administrative functions which

affect or may affect his rights and liberties, as provided by law.

Article 66 states that local or traditional communities are required to participate in the

balanced and sustainable management, maintenance, and utilization of natural resources

and the environment.

Article 67 provides the rights of personnel to participate with the Government and the

community in the conservation, maintenance, and utilization of natural resources and the

environment.

Article 85 provides plans for systematic management of water resources and other natural

resources for the benefit of the public. As well, it requires public participation in the

balanced conservation, maintenance, and utilization of natural resources and biodiversity.

1.2 Town and Country Planning Act of 1975 (BE 2518), revised in 1982 (B.E. 2525) and

in 1992 (B.E. 2535)

The Town and Country Planning Act of Thailand of 1952 (พระราชบัญญัติการผังเมืองและผัง

ชนบท พ.ศ. 2495) was the first modern spatial planning related legislation enacted in the

Kingdom. The spirit of the Act of 1952 was to build a new town, city, urban area or to restore

damage in the city from disaster. In the history before the enactment of this Act until the

1932’s Revolution (B.E. 2475), town planning in the Kingdom could only be led, permitted

and exercised by their majesty the Kings. The Town and Country Planning Act of 1952 was

a reproduction document of the United Kingdom’s Town and Country Planning Act 1947.

More than two decades later Thailand enacted the second Act called “Town and City

Planning Act of 1975” (B.E. 2518) in which provided refined explanations, principles of and

processes in urban planning, together with an indication of participation of communities and

impacted citizens. The development of the Town and City Planning Act 1975 was guided by

the Standard City Planning Enabling Act 1928 and the Standard and State Zoning Enabling

1926 of the United States of America. (Tapnanon N., 2009).

The Town and City Planning Act of 1975 was revised in 1982 (B.E.2525) in order to extend

the length of time for appeals from 60 to 90 days. In 1992 (B.E. 2535), the Act was revised

again, but to shorten the length of time and number of community consultations; and to

include that the enforcement of specific city plan (ผังเมืองเฉพาะ) can be conducted

independently from the enforcement of the Comprehensive City Plan (ผังเมืองรวม),

(Tapnanon N., 2009).

The Minister of Interior is in charge of this act and has the authority to issue Ministerial

Regulations for the execution of this Act.

Below is the spirit and main objectives of the Town and City Planning Act of 1975.

(Tapnanon., 2009)

i. To address the essential needs of town and city planning activities and provisions

the rights to the State in controlling development of unremovable properties by

virtue of the Comprehensive city plan or Specific city plan that are enacted as

Ministerial regulations.

ii. To state clear definitions of “Town and city planning” (การผงัเมือง),

“Comprehensive city plan”(ผังเมืองรวม), “Specific city plan”(ผังเมืองเฉพาะ)

and other relevant and necessary definitions under the purposes of framework

stipulation of town and city planning in Thailand, as well as to preventing any

duplication with other activities of land use outside the regime of the city planning

framework. The Act of 1975 clearly defines the boundary of town and city

planning where only includes the physical region and relation or a likelihood of

town, city or rural regions (ในบริเวณเมืองและบริเวณที่เกี่ยวขอ้งหรือชนบท) where

human settlement has come into. The Act of 1975 excludes the regions or

landscapes where cover forests and mangrove or alike that are already protected

under other types of legislations ie. Forest Act.

Article 4 provides that “town planning” means the preparation, making and

implementation of a general plan and a specific plan in the area of a town and

related areas or in the country in order to build or develop a new town or a part

thereof for the purpose of providing or improving sanitation, amenity and

convenience, orderliness, beauty, use of property, public safety, and social

security, of improving economy, social affair, and environment, of preserving a

place and an object of interest or value in the field of art, architecture, history or

antiquity, or of preserving natural resources, landscape of beauty or natural

interest.

Comprehensive city plan (ผงัเมืองรวม) is a set of document enacted as a

Ministerial Regulation that sets the context for development and maintenance, and

future growth of a town, city or urbanized region, use of property, transport,

public service and environment. The document includes mapping, policies and

projects or officially called Zoning Map and Ordinance (แผนผงัและข้อก าหนด) that

assigns different types of land use and a suite of regulations to be enforced for the

town and city planning development and maintenance during within the lifetime

of the Comprehensive city plan (for five years, and one year renewable of the

maximum two times). To date, there have been more than 500 Comprehensive city

plans enacted through the Ministerial Regulation process but however, the

enforcement is still largely problematic (Please see Chapter IV). The

Comprehensive city planning operation and enforcement is elucidated in Chapter

II.

Specific city plan (ผงัเมืองเฉพาะ) is a city planning development project, much

smaller in scale and size of landscape focusing a specific area i.e. a district area,

CBD, a portion of the existing town, extension of the urban area, industrial estate

etc. Article 4 provides that Specific plan means a plan and operation project for

the development or maintenance of a specific area, or related affairs in a town and

related areas, or in the country, for the benefit of town and city planning.

Very few Specific city planning projects have been implemented since 1975 that

included Leam-Chabang Community, Mab-Tapud Community, and

Suvannabhumi Airport Residential Community.

To stipulate the legal process of the Comprehensive city plan operation. Please see

Chapter II.

1.3 11th National Economic and Social Development Plan 2012-2016

National Economic and Social Development Plan (NESDP) which facilitated by the Office of

National Economic and Social Development, is principally set to be the top and master policy

that guides directions of the overall national economic and social development of the country.

The NESDP is subject to be renewed every five years with a new vision and updated

development directions for Thailand reflecting the changing faces of global and regional

development. The comprehensive city plan is meant to be renewed in line with the course and

period of the NESDP.

The NESDP is considered the document with the highest authority in matters involving

national spatial policy. Spatial development policies, including region-specific programs,

have traditionally been included in this document, but in past years the policy statements on

spatial development have grown weaker, and at the same time the Department of Public Work

and Town & City Planning (DPT) has become much more involved in development and

planning at the national, district, and provincial levels.

The highest vision of the 11th National Economic Development Plan 2012-2016 (11th

NESDP) is “A happy society with equity, fairness, and resilience”. The 11th NESDB adopted

“the Philosophy of Sufficiency Economy” by his majesty the King Bhumipol as the key

immunity principle applied at every level of the Plan’s Strategies and Missions. The 11th

NESDP stated that Laws related to land management, particularly the Town Planning Act,

should be an enforcement priority in order to preserve green areas and agricultural lands.

The 11th

NESDP addressed a strategic framework for the AEC’s economic integration to

signify Udonthani province as one of the northeastern hubs that provides backup and support

to other borderline provinces in the northeast Thailand, in order to get Thailand ready for the

ASEAN Economy Community (AEC) in 2015.

II. Town and City Planning (การผงัเมือง)

Thailand’s overall development strategy and policy in town and city planning is segmented

into national, regional, provincial and city/town, community levels. The Department of

Public Works and Town & Country Planning (DPT) is responsible for spatial planning (urban

development and rural planning) as well as building standards and controls. In July 2002, the

Thai Cabinet charged the DPT to develop comprehensive land use planning processes

throughout the country at the national, provincial, and districts levels in order to provide a

broad development framework for town and urban planning at city and community levels

(Comprehensive city plan); and to minimize lopsided levels of development among different

regions, the exhaustion of natural resources, and economic disparities between rural and

urban areas. (MLIT, 2012).

According the Town and City Planning Act 1975, the local administration organizations

(LAOs) (please see figure 1) are entitled to lead and facilitate the operation of the

Comprehensive city planning and Specific city planning processes in cooperation with the

DPT. But however, in practice, the DPT actually often plays the key role due to a number of

critical reasons in which are discussed in the Chapter III. This paper focuses only the

Comprehensive city plan and its planning operation process is elucidated in the paragraphs

below.

Figure 1, Thailand’s National Decentralized Administration Structure

Source: Interior Ministry (in Thai)

Figure Illustration; The Thai administrative system is structured in three-tiered levels, consisting of the national, provincial,

and local governments. There are six types of local governments. The first three types are urban administration units which

are Bangkok Metropolitan Administration, City of Pattaya and special self-governing municipalities (เทศบาลนคร). The last

three types are local administrative units which are Provincial Administration Organization Council, Tambol Administration

Organization Council, and Town municipality (เทศบาล).

2.1 Town and City Planning Operation Process for the Comprehensive City Plan (ขัน้ตอนในการวางและจดัท าผงัเมืองรวม)

2.2.1. The Comprehensive city plan must contain

1. The purpose of laying and preparing the comprehensive city plan.

2. Map showing the Comprehensive City Plan area.

3. One or several maps with significant requirements, containing every or some of the

following:

(i) Map with the classification of land use.

(ii) Map showing the open space.

(iii) Map showing communication and transportation projects.

(iv.) Map showing infrastructure projects.

2.1.2. Responsibility agencies and finance

The process of the Comprehensive city planning operation is rather complex and consists a

number of procedures and prepared steps. Either the Department of Public Works and

Town & Country Planning (DPT) or the Local administration is entitled to lead and own

the operation responsibility of the Comprehensive city planning process, stipulated by the

Town and Country Planning Act of 1975. The financial budget for the operation of the

activity is supposed to be funded from the Municipality or the Local administration, stated by

the Act. Though, the Act does not exactly state clearly whether the DPT would need to

provide any funding for the operation but requiring them to provide a full technical support if

the Local administration owns and lead the activity.

But in practice, the Comprehensive city planning operation throughout the country have been

conducted and financed by the DPT rather than the Municipality or the Local administration.

This was also applied to the case of the Comprehensive city planning in Udonthani. Only in

the case if the allocated budget was insufficient, part of the budget could be requested and

subsidized by the Municipality and/or the Local administration.

According to the ACT, the National Board of City and Town Planning (NBTP) is the

highest body playing the roles in guiding, considering and approving the Draft

Comprehensive City Plan before it is finally passed to the Interior Ministry and enforced

through the Ministerial regulation. The NBTP has the authority in setting up one or many sets

of sub-committee in performing the roles of the NBTP or investigate cases. The sub-

committee directly reports to the NBTP. The NBPT consists of 21 representatives chaired by

the Secretary General of the Interior Ministry, and secretariat by the DPT. The NBTP has

two years term and representatives are divided into three groups from three different sectors

that include.

Group one; Seven representatives from various high ranking officials from the

Ministries related to management which are

1. Secretary General, Interior Ministry

2. Secretary General, Agriculture Ministry

3. Secretary General, Transportation Ministry

4. Secretary General, Industrial Ministry

5. Director, Bureau of the Budget

6. Secretary General of National Social and Economic Development Bureau

7. Senior Official from Department of Public Work and Town & City Planning.

Group two; Seven representatives from the local officials, Provincial Secretary

General, former Head of DPT, City planning experts and relevant representatives.

Group three, Seven Civil Society Organizations who are not employed, have no

business benefit and interests in the government affairs and City planning.

Once the Comprehensive city plan is approved and enforced through the Ministerial

regulation, the main responsible agency that enforces the Plan is the Municipality or the

Local administration or can be both, depending on the administrative boundary where the

Plan covers. The DPT is the monitoring agency.

2.1.3. Timeframe

The Act does not state a clear timeframe requirement for the whole Comprehensive city

planning process. It only stated that the public consultation must be conducted at least once,

and the Draft Comprehensive City Plan must be advertised for 90 days for public examining

and petitions. In practice, the whole process often takes one year.

Once the Comprehensive City Plan has been declared effective under the Ministerial

regulation, it will remain in force for five years, and with the maximum two times of one year

extension. (Article 26).

However, if the environment does not change much or if the public meeting has no objection

with the existing Comprehensive City Plan, the Plan could be extended to enforce for another

five years (Article 26).

2.1.4. Comprehensive City Planning Operation Process

The process of the Comprehensive city planning operation is rather complex and consists a

number of procedures and prepared steps. This paper digested and classifies the process of

the Comprehensive City Planning into broad ten steps. The details in each of the steps are

elucidated as the followings.

Figure 2: Town and City Planning Operation Process for the Comprehensive City Plan

Source: Interior Ministry and Town and Country Planning Act of 1975

Step 1: The DPT or the Municipality/Local administration (or Local authority) conducts or

contracts an institution or company to conduct and define the boundary and zoning of the city

planning by ground survey. Consults with the provincial DPT, local administration and

experts, to prepare set of documents for Comprehensive city planning process.

Step 2: In case if the Municipality or Local administration would like to own, lead and

proceed the Comprehensive city planning operation, the Municipality or the Local

administration is required to submit the request to the National Board of City and Town

Planning (NBTP) in order to grant the permission.

If the DPT is the leader, the DPT could proceed without the permission from the NBTP.

Step 3: The Provincial Governor is required to set up the City Planning Advisory Board

(CAB) to guide and provide advice. (The NBTP could also set up a sub-committee group to

the perform the same roles but in practice the Provincial governor will be responsible for this

task.)

Step 4: The Municipality or Local administration (can contain more than one unit depending

on where the Plan covers), meets with the DPT as to discuss on the preparation and the Draft

Comprehensive City Plan.

Step 5: The DPT, Municipality or Local government advertises the making of the Draft

Comprehensive City Plan, and organizes event for public hearing (or public consultation) at

least one time.

Step 6: The DPT, Municipality or Local government or Provincial Governor consolidates the

comments and opinions from the public into the Draft Comprehensive City Plan. The Draft

Plan will be monitored and approved for the first step by the DPT.

Step 7: The DPT submits the Draft Plan to the DPT with comments and opinion collected

from the public hearing event for their consideration and approval.

Step 8: The DPT, Municipality or Local Administration advertises the approved Draft Plan to

the public for 90 days for public examining and petitions.

Step 9: The DPT again submits the Draft Plan with comments and petitions to the NBTP for

their consideration and approval.

Step 10: The DPT proposes the final Draft to the Interior Ministry for approval. Then the

Interior Ministry requests the Office of the Council of the State read proof and monitor

correctness the Draft Plan. Once approved, the Interior Ministry enforces the Final Plan as a

Ministerial regulation.

2.1.5 Other key principles, regulations of, and term of punishment by the

Comprehensive City Plan

a. In the area of enforced land cannot be used for something not specified in the

Comprehensive City Plan, or any action which violates the terms of the

Comprehensive City Plan.

b. Designations have no retroactive effect to land use that has been previously

announced before the enforcement of designations.

c. However if use of land is contrary to the policies of hygiene safety or welfare of

people and society, the extension cannot be used, and the NBTP may modify or

suspend the land use.

d. For any person who violates or fails to comply with the comprehensive plan, offender

shall be punished with imprisonment not exceeding six months or a fine not

exceeding one thousand Baht or both (Article 83).

III. Case of Thailand MBRACE Project City

3.1 Udonthani province

Udonthani Province has been currently using the Comprehensive City Plan of 2010-

2015 (2553-2557 B.E.). The jurisdiction boundary of the Comprehensive City Plan

includes ten sub-districts within Amphur Mung of Udonthani.

3.1.1 Objectives of the Comprehensive City Plan for Udonthani

1. To accommodate the expansion of urbanization and growing population of the

Udonthani City.

2. To Develop and control the boundary and directions of the urbanization.

3. To ensure and promote efficient services and standard facilities to the public.

4. To promote suitable transportation network according to the purposes of land use,

and logistics for the future growth of Udonthani.

5. To preserve historic sites and traditional art, identity and culture.

6. To preserve the natural resources.

Figure 3: The Map of the Comprehensive City Plan for Udonthani City

Source: The Department of Public Work and Town & City Planning

3.2 Phuket province

Phuket is currently using the Comprehensive City Plan of 2011-2016 (2554-2558

B.E.) that covers the whole provincial area, that include the main island and all its

islets. The province does not have a plan to develop another City plan specifically

used for only the Phuket Town or the Municipality (Amphur Muang) itself.

Nevertheless, the Phuket Municipality has developed a number of Municipality

development strategy that aim to develop Phuket town to a sustainable direction in

terms of campaigns, social development, sanitation and environmental conservation

projects.

3.2.1 Objectives of the Comprehensive City Plan for Phuket

The objectives of the Comprehensive City Plan for Phuket are described differently

from the ones of Udonthani.

1. To promote and develop Phuket province to become a center of administration,

tourism, commercial and services.

2. To promote and develop Phuket province to become an international tourism

destination.

3. To promote and develop residential and business districts for the growth and

expansion of communities and economy.

4. To promote and develop agriculture sector together with the development of

tourism.

5. To promote and preserve traditional art and culture, environment, historical sites,

history and archaeology.

6. To promote and develop social welfare and services, and standard basic facilities.

7. To conserve natural resources and environment.

Figure 3: The Map of the Comprehensive City Plan for Phuket Province

Source: The Department of Public Work and Town & City Planning

IV. Key observations and gaps

As we know that the enforcement of Town and City Planning has failed throughout

the country. This paper noticed that the failures evolve around the three key issues of

quality of the City Plan itself; participation and awareness; and governance,

transparency and enforcement, and The details are described each of the key issues in

bullet points.

4.1.1 Quality of the City Plan itself

The Plan is merely just a zoning map and description for land use within the

identified zoning. It does not address how current situation is experiencing and

how the Plan could achieve the objectives in terms of using approach,

infrastructural projects, participation and implementing regulations. It contains

no ambition and does not provide a powerful future scenario that inspires and

attracts stakeholders.

Unclear terms and statements that affect the course of enforcement. Just to

name but a few,

a. “middle residential density area” (ที่ดินประเภทที่อยูอ่าศยัหนาแน่นปานกลาง), what

would the term mean in terms of types of housing or how many population can

live in with one square-meters?

b. “To be allowed only ten percent of the total land area” (ให้ใช้ได้ไมเ่กินร้อยละสิบของที่ดินประเภทนีใ้นแตล่ะบริเวณ), without the baseline data and monitoring system, this

can be problematic for the enforcement and bring into a number of issues and

argument on rights and privileges.

4.1.2 Participation and awareness

The Comprehensive City Planning is rather too large to meaningfully

determine and focus whether who the real stakeholders are.

The public hearing consultation stipulated by the Town and City Planning Act

1975 to hold it at least one time. This is rather inefficient.

Communication from the DPT and Local administration for the public hearing

consultation is perhaps insufficient in some cases. And in the meanwhile,

people are not aware of, or perhaps disbelieve in the benefits of effective

enforcement of the Comprehensive City Plan. Lack of sense of homeland

ownership should also count as a key problematic issue.

Timing and date for the public hearing may not be right according to people’s

busy hours and days.

Only large business and industrial stakeholders seem to be interested in the

City planning according to their gains. And so that has resulted in business

lobbying to the officials and phony representation of stakeholders.

4.1.3 Governance, transparency and enforcement

Land has become a commodity for big investors and tax free. This has

resulted in a number of political lobbying by large businesses in making the

Comprehensive City Plan to become in favorable of those businesses.

Overlapping jurisdictions and interests. The overlapping authorities between

the Industry Ministry, Pollution Control Department and Local administration

that include the Municipality, Provincial Administration Organization

Council, Tambol Administration Organization Council, and Town

Municipality are troublesome. In many cases, there are a lot of confusions and

conflicts on the roles and personal interests. All of these agencies and

organizations have the authority to approve the building of infrastructure and

industry to the extent of their authority stipulated by Decentralization Act of

2002, many Industry Acts and Environmental Quality Acts. But however,

there are still overlapping in terms of jurisdictions and misunderstanding due

to the technical capacity and intention to avoid adopting the laws for personal

benefits.

There are a number of cases that the Comprehensive City Plan has expired

and there is no sincere intention to urgently renew the new Plan by the

authority. This circumstance has been going on throughout the country. This is

a crucial gap that allows all types of buildings to be in the area undesirably

and uncontrollably and with no retrospective law enforcement.

The lack of transparency in selecting and appointing members of the National

Board of City and Town Planning.

The central policy and mega projects can potentially minimize and undermine

the effective use of the Comprehensive City Plan.

V. References