LAGOS STATE LAND USE PLANNING AND ANALYSIS REPORT (LUPAR) MATTER ARISING: WORKSHOP TAKEAWAYS

On the 25th of August 2021, I attended a workshop/training on Land Use Planning and Analysis Report (LUPAR) organised by the Nigerian Institute of Town Planners and Association of Town Planners Consultants of Nigeria both of Lagos State Chapter.  The Lagos State Physical Planning Permit Regulations, 2019 in section 4 sub-section 2(iv) specifies that in the submission of application for planning permits for development in the State a Land Use Planning Analysis Report (LUPAR) is expected in addition to other requirements as listed in section 4 subsection 1-18. A LUPAR is expected to be prepared by a registered town planner as in other reports as PPTR, EIAR and TIAR (schedule 2, 2019 regulations).

The training information leaflet noted that the Land Use Planning Analysis Report (LUPAR) is basically a “technical report on all (proposed and existing) physical developments for the purpose of grant of the development permit and all other applications for planning permit…”. There are six technical paper presentations at the workshop, these papers highlights are presented as follows:

Paper 1 - Introduction and Preparation of LUPAR

Paper one explores the background of LUPAR with details on LUPAR preparation tasks, the deliverables and templates for the preparation of the report. Key takeaways from the paper include the definition of LUPAR as a “land use information system” with the focus of the report on between 250 to 500 metres of subject development. The report is seen as a site inspection report for local town planning officers invariably the officer might not need to visit the site as he/she could rely on the details of the LUPAR report however, this is put a burden of risk on the consultant town planner. The task involved in the report includes Site Inspection; data collection; data analysis and presentation; and making recommendations. Site inspection and data collection are expected to focus on the subject site and adjoining development. Source of data could include project documents, Field Survey, secondary data as Operative plans, reports, literature, maps, imageries etc; and in addition, online imageries/maps. A typical content of LUPAR report is expected to include: 1.0 Introduction; 2.0 Project Location; 3.0 Facilities, Utilities and Services; 4.0 Land Use Analysis; 5.0 Site Inventory; 6.0 Summary of Compliance with Planning Regulations; 7.0 Recommendation and Conclusion; and Annexures

Paper 2 - Fees Related to Preparing and Submitting LUPAR

The paper focuses on fees that could be charged by registered urban planners in the preparation of the LUPAR report. The paper examines existing fee calculation approaches these include a time-based method, percentage-based method, lump-sum method, and time-based (man-hour rate) method. The paper infers that LUPAR preparation could be seen as a service under Planning Advocacy/Representation as seen under section 7.1.4 of TOPREC Professional Scale of Fees. Thus, the paper recommends a time-based (man-hour rate) method for fee calculation in the preparation of the LUPAR report. Furthermore, the paper presented three scenarios in the preparation of the LUPAR report with regards to the number of professionals that could be involved, scenario one involved “one Town Planner, a Graduate Town Planner and Town Planning Technologist”, scenario two involved two professionals “a Town Planner and a Town Planning Technologist” while scenario three involved “only one Town Planner, without an assistant”. A breakdown of a typical fee plan was also presented in the paper for each of the three scenarios.

Paper 3 - Evaluation Techniques for LUPAR

The process and techniques that could be deployed in the preparation of a LUPAR report. The techniques and way of vetting in a land-use planning and analysis report (LUPAR) was presented in the paper. Twelve (12) elements were presented, in addition, the template for each of the elements was also presented. The elements are 5.1 accessibility and road furniture to the project site; 5.2 drainage system; 5.3 water supply; 5.4 telecommunications; 5.5. sewage system; 5.6. solid waste management system; 5.7. power supply; 5.8. power supply infrastructure; 5.9. public/semi-public services; 5.10. land use/building use analysis; 5.12. height of buildings; 5.13. site inventory; 5.14. land title; 5.15. site physical characteristics; 5.16. existing/proposed structures; and 5.17. summary of compliance with the planning regulations

Paper 4 - Legal Framework for LUPAR

For the implementation of the LUPAR report, this paper presents the legal basis of the report. The imperativeness of the report (LUPAR) was reiterated by the paper with the notion that “experience shows that delay in concluding processing of such [development] applications usually arose from the series of site visits to validate the surrounding developments.” Hence the concise and detailed site information expected to be included in the LUPAR will reduce the incident of development application delay through the provision of needed site details to approving planning officers. Some of the laws examined by the paper are National Urban and Regional Planning Law; b. Lagos State Urban and Regional Planning Law 2019; c. Lagos State Physical Planning Permit Regulations 2019 and Town Planners Registration Council of Nigeria (TOPREC) Act.

Paper 5 - Comparative Analysis Between LUPAR and PPTR

The technical paper distinguishes between LUPAR and PPTR. LUPAR is Land Use Planning and Analysis Report while PPTR is Physical Planning Technical Report expected on a proposed development (section 4 subsection 7, 2019 regulation). Both are technical reports relating to physical planning as indicated in schedule 5 of Lagos State Physical Planning Permit Regulations, 2019. Paper 5 noted that both LUPAR and PPTR aimed towards the same goal but going through different paths. The objectives, main components, and methodology were examined. The uniqueness of LUPAR was identified as “carrying out of Land Use Study within 250 meters (or more) radius of the Subject Site which results in a Land Use Map of the Study Area”

Paper 6 - Application of Drones and GIS to LUPAR

This paper explored how geographic information systems and drone technology could be applied in the process of preparation of the LUPAR report for the basis of paper 6. The nitty-gritty of drone technology was examined, these include the types, software applicable, cost implication of drone technology, The presenter noted the importance of GIS as a platform of “building Information System for LUPAR”

Summary by Tpl. Adeleke Akinpelu, MNIM, AITD, MNES, MGARP, RTP