"Challenges of institutional capacity"

The issue of institutional capacity building is currently being raised in many areas of urban policy and planning throughout the world. Capable urban management and planning institutions require wise use of knowledge, skills and resources to fulfill public responsibilities. 

However, among developing countries, especially those with strong population growth, or in countries in transition, such as in the case of African, middle east and few Asian countries, the institutional framework and capacity of these institutions are insufficient to deal with accumulated problems of urban growth. (Photo credit: Google)

Haphazard growth, Kathmandu

Why is institutional capacity lacking in developing countries?

• Fragmented institutional framework: It has been long argued that plans are ignored or not implemented, mainly due to government structure, where planning is placed in a separate department and not linked to other line-function departments or the budgeting process. The institutional framework’s fragmentary nature is the result of the multiplicity of and incoherent organization of planning agencies cutting across different levels of government and geographical areas with no clearly defined, or at best, poorly defined functions and responsibilities. This leads to problems of interagency or institutional coordination, duplication of responsibilities and functions and waste of scarce resources.
• Increasingly dominant role of the informal sector: The increasingly dominant role of the informal sector in the delivery of land, housing and services implies that the responses and solutions to urban problems might in fact lie outside the official planning system. This is certainly present in informal and especially in peri-urban settlements of developing country cities, where a growing number of poor and other marginalized groups live. Poor developed institutions and markets, land claimants, developers and squatters tend to rely heavily on interpersonal relationships and traditional practices in the developing countries and do not favor planning procedures. Those cities have struggled to introduce different urban planning approaches to improve the quality of life for all, including those who live on the margins.
• Inappropriate standards and norms: In many developing countries, most regulations are based on outdated and inappropriate planning legislation or urban planning codes reminiscent of colonial times and inspired by the traditional European models. In addition, vocational curricula of academic institutions in many developing countries are based on older models developed in Europe and the United States. When applied in developing countries, where conditions are fundamentally different, these models are often criticized for both their rigidity and the high costs that they impose on the builder or developer and, ultimately, the purchaser, presenting a major barrier to poorer households accessing land legally. As a result, professional planners and technical municipal staff are often preoccupied with imposing urban development standards and norms that are inappropriate to deal with local realities. 

How can institutional capacity be strengthened?

Urban design and planning of new cities

1. Institutional reform. Countries that have been successful in integrating slums into their cities have strengthened their institutions and carried out complementary reforms, which include a broader urban poverty reduction agenda. These countries include Indonesia, Iran, Mexico, South Africa and Turkey. Some countries, such as Brazil, Chile and Colombia, have implemented policies to integrate the urban poor into the legal and social fabric of cities. Others, like India, have carried out reforms in land and provision of housing. It is important for the national or state governments to develop enabling legislation related to urban planning that helps local planners understand their roles and responsibilities, and stress the need for horizontal and vertical coordination.
2. Establishing effective legislation and instruments: Because orthodox urban planning instruments to resolve major urban planning and land use problems throughout the developing world have failed, there are current attempts for reappraising old and developing new urban planning strategies. Future efforts should focus on establishing more effective and inclusive urban planning legislation and instruments to facilitate the effective formulation and implementation of plans in developing countries.  As the first step, it is important to conduct an audit of regulations, approval procedures and staffing practices. The purpose of the audit will be to review existing regulations and administrative processes to ensure that they do not present a significant barrier to accessing land by all those that need it. The audit should include: 1) identifying the regulations that protect the public interest, especially relating to health and safety, and the environment; 2) suggesting appropriate revisions to planning and building standards, regulations and administrative procedures relating to the processes of registering land or applications for development; 3) identifying and removing key constraints to more affordable land and acceptable housing; and 4) providing guidelines for incentives for professional agency staff to ensure effective administration.
3. Engaging relevant stakeholders: One of the most important shifts in urban planning in the past several decades has been from planning as an expert-driven technocratic activity, to one which includes relevant stakeholders and communities in the planning process. Successful urban planning strategies have clearly identified institutional responsibilities and incentives for each stakeholder involved in the planning process.
4. Reorganizing the role of urban planning departments: Urban planning units should be established and involved in active city management. These units are not a substitute for the line agencies involved in designing and maintaining infrastructure like roads, transport and water supply, but they should have a say in new infrastructure investments, as they affect mobility and land supply.
5. Learning from good practices: Countries and cities with weak planning systems, outdated legislation and limited manpower could learn from the successful urban planning examples in developing country cities that share their characteristics of rapid growth and limited resources. For example, the urban planning experience in Curitiba, Brazil, shows that decentralization of the planning system, encouragement of public participation in the planning process and strong city leadership, resulted in a successful, long-term implementation strategy. 

"New approaches to urban planning that support sustainable development"

Translating the goals of sustainable development into the urban sector is complex, particularly when compared to the more straightforward urban planning practices of “predict and provide”, which has characterized traditional planning practices in the past. 

The complexity and interdependence of the issues and challenges related to sustainable development can only, however, be effectively addressed if a strategic framework for sustainable development is employed in urban planning.

Such a strategic framework would include the multiple concerns and demands of social cohesion and equity, gender equality, crime, safety, health, heritage and, of course, the environment. This would result in the imperative use of cross-sector programs and multi-criteria methods of analysis and appraisal for making the most effective decisions. 

This plethora of demands also poses institutional challenges as this approach often confronts obstacles related to silo thinking by powerful sectors/agencies, given the cross-sectoral programs pursued and the sharing of budgets. 

Integrating cross-sectoral policy objectives into physical planning objectives presents a complexity of trade-offs between non-physical and physical entities, which master planning does not encounter. This broader approach, furthermore, requires a far more complex kind of dialogue than that required by traditional practices. 

Despite this, new and clear common elements to urban planning exist, which are emerging and improving urban planning practices. These elements include an appreciation that urban planning needs to become more:

1. strategic rather than comprehensive;
2. flexible rather than end-state orientated;
3.  action and implementation orientated through links to common budgets, programs and projects and city-wide/regional-wide infrastructure;
4. stakeholder and community driven rather than expert driven;
5. sensitive to political time scales;
6. reflective of emerging concerns, such as global competitiveness, environmental risks, new visions and problems of local identity and sustainability;
7. active in providing an integrative role in policy formulation and urban management; and
8. focused on a planning process that has outcomes, which are highly diverse and dependent upon stakeholder influence or local policy directions.

Are the existing legislative measures are sufficient for the preservation of Vernacular Architecture with special reference to Bhaktapur and Patan monument zone in context of heritage? (especially for privately owned traditional building)

Case Study

Though there are many existing legislative measures to preserve heritage property within the Kathmandu Valley but the legislative measures are own self  hasn’t implemented by itself in some cases and i think the legislative measures didn’t went for addressing the privately owned traditional building which should be preserved by the municipality itself in his own area to save such historical buildings and vernacular architecture.

The World Heritage Property within the Kathmandu Valley is probable one of the most important structure in the world comprising of seven Monument Zones, each with specific management requirements. Each Monument Zone contributes to the outstanding universal value of the World Heritage Property. However , the threat to each Zone is different in form and degree.

Though there was an Integrated Management Plan which was introduced to safe guard the historical traditional building, but also it has many drawbacks. it didn’t addressed to privately owned residential dwellings in case of Patan and Bhaktapur. both cities are rich in their architecture, carving and positive influences as well as rich in culture and beauty.

No, the existing legislative measures aren’t sufficient for the preservation of Vernacular Architecture with special reference to Bhaktapur and Patan monument Zone in context of heritage to privately owned traditional building. 

The key issues with special reference to Bhaktapur and Patan Monument Zone are enlisted below:

Key Issues Analysis: 

(WH= World Heritage)


a. Identification: 

• There is no detailed understanding and identification of the elements and attributes that allows Patan and Bhaktapur to contribute to the outstanding universal value of the Kathmandu Valley World Heritage Sites. 

• It has been especially lacking in respect to privately owned buildings. The inventories with grading of monuments (A, B and C) need to be gazette and incorporated into the legal and managerial framework of the WH areas.

• Overlapping of authority and responsibilities within the WH area can be found due to contradictions within the existing Legal Provisions. However, further complications arise in respect to the Town Development Act 1988 which delegates certain powers to the Kathmandu Valley Town Development Committee. 


• The practice of hereditary division of property often leads to the vertical division of historic buildings. This has been one of the major causes for the destruction of privately owned buildings within the WH area. There are no provisions in the Legal Provisions to halt this practice.

b. Legal provisions

• A new set of guidelines and building bylaws specific to the Monument Zone have been prepared. These have, however, not been fully tested and implemented in close cooperation with related authority and that’s why many residential dwelling are demolished day by day and due to failure of legislative measures too, people are destroying the traditional residential building and moving into commercialization. 

• Clarification of overlapping authority and responsibilities and possible amendments to the relative Legal Provisions  needs to be made through coordination and cooperation between all authorities  working within the Monument Zones and if it recovers ,then , we can change the course to preserve the privately owned traditional building.

• The legal provisions must be institutionalized within the legal and managerial framework of the Kathmandu Metropolitan City. For efficiency of the legal provisions, overlapping authority and responsibilities must be eliminated and incentives and subsidies must be provided.

c. Planning and Policy

• Heritage conservation is one of the big challenges in context of urban development. Heritage conservation is most often not given priority in municipal planning, even in respect to the WH areas. The planning within the WH areas is not coordinated with overall municipal planning. This is especially true in respect to the planning of traffic, infrastructure and services, as well as for overall heritage conservation planning which helps to destroy privately owned traditional residential building within the heritage zone.

• Risk Management has not been considered for the conservation planning of the WH areas. Risk preparedness, especially in respect to earthquakes and fires, has not been integrated into the overall planning of the WH areas; this is also one of the drawbacks of legislative measures which haven’t address here to preserve all kinds of structures within the heritage sites.

• Operational strategies, controls and incentives have not been aimed towards the conservation of privately owned heritage buildings, leading to demolition and reconstruction of heritage buildings, with design adapted to the bylaws that are officially valid for newly constructed buildings.

• There is a lack of incentives (subsidies, grants and soft loans) being used as a sustainable strategy for conservation of privately owned historic buildings. Most funding agencies do not cater to private buildings. The valuation of historic buildings is so low that banks and finance companies hesitate to offer loans for restoration projects. No strategies have been developed for sustainable funding mechanisms.

• There is no clear understanding of what “acceptable change” is in respect to the WH areas, especially considering the controlled development of private property.

d. Site Management

• The Heritage Unit has not yet been given the full coordination role within the municipality to fulfill the responsibilities as Site Manager. There is a lack responsibility and understanding between the various municipal departments / divisions and units.

• The capacity of the Heritage Unit is inadequate to take over full responsibility of dealing with the given task of Site Management. There is a lack of expertise as well as personnel.

• There is a lack of coordination amongst the various authorities dealing with conservation and those dealing with the development of infrastructure and services. Another essential link which has not been established is with the authorities dealing with the ownership, purchase and sales of property within the WH areas.

• There is no component within the management system to deal with emergencies. This is especially so in respect to natural disasters, however also for urgent response to illegal activities within the WH areas.

e. Community and Awareness

• The relation between the heritage significance of the WH areas and the living culture activities carried out by the community needs to be highlighted. but in the case of Patan and Bhaktapur, it was not been implemented yet.

• Legislative measures fail to address the  Integrate development of heritage conservation programs for primary, secondary and high school into regular curriculum.

• Very little is being undertaken in respect to raising public awareness on the significance of the cultural heritage that makes up the WH property. This is the case not only in respect to the community living within the WH area, but also the general public and the decision makers in the government. Schools lack programs on heritage awareness.

• No address was there  for restoration and maintenance as well as  no development strategies for the sustainable economy of the community within the WH areas without impacting the heritage value of privately owned residential buildings within the World Heritage Sites in Bhaktapur and Patan.

• Community involvement in conservation and management of WH areas is lacking or not present at all. The community often has a negative impression of conservation and therefore do not cooperate with the ongoing conservation efforts; Homeowners lack knowledge of maintenance and restoration requirements for historic buildings. This often leads to the Owners reverting to contemporary construction procedures and techniques.

f. Sustainability

• No strategies have been developed for sustainable funding mechanisms.

• There is no follow-up on implementation and review of long term planning and management.

• Fail to Prepare sustainable funding strategy and project proposals for community participation and contributions for specific projects within the heritage sites in Patan and Bhaktapur.

Conclusion

In my opinion, if the legislative measures are being changed and modified and revised according to the Conservation point of view and if few incentives are provided to the people who owe their privately traditional building within the world heritage zone, then many such historically importance building will be preserved and remain its own fabric for a long time, otherwise demolition process will go and one day the privately owned traditional residential building within the monument zone in context of heritage at Patan and Bhaktapur will be converting into concrete jungles affecting the whole area and losing its original fabric forever.

Amit Pokhrel

M.Sc. Urban Design and Conservation 

B.E. Civil 

OCTAGONAL PAVILLION – A SHADE OR A RESTING PLACE

The octagonal pavilion is a unique architecture as well as to restore the construction techniques which was done at that time to make a city beautiful. This kind of structures help us to understand our construction technology and material as well as the aesthetic concept of making city look more attracted.

SitalPati, Palpa, Nepal

The salient features: 

• Sitalpati, a famous public now pavilion ,built by Khadga Shamsher. 

•  It is a unique mid 20th century modern architectural structure located at Palpa.

•  It has been influenced by Mughal architecture.

• The pavilion is a public place for visitors.

• Due to the central location, as well as its proximity to additional features such as nearby restaurants, parking and prime location, it is an extremely popular for a diverse communities.

• The most prominent landmark of the city.

• Often affectionately referred to by its admiring fans as “weird” or “offbeat”, the pavilion's eccentric appearance fits in very well in a city that is proud on itself.

• A group of local pavilion-restoration supporters usually organize a grassroots effort to save the structure from demolition.

• Because of the unique shape of the shelter, it has gardened a great deal of both media and public attention. “It will be a departure from the usual rectangular-shaped shelters built in parks in the past.

• Striking in appearance, the pavilion's a typical octagonal shaped roof stretches skyward, attracting the eye far around.

•  Designed to be a rustic in appearance.

• Weather damage to pavilion roof and public interference is common.

• Integration of Spigot Fountain.

• Consequently the roof has degraded to a very poor condition allowing substantial moisture infiltration by the elements. Additionally, the stone surrounding the buttress has become loosened and is separating from the concrete beneath it.

• It has become important to preserve its significant architecture.

•  Need to raise awareness and local support in preservation.

• Structurally strong, but preservation lacks and due to that, this kind of structures will be lost if not paid attention by local community and historians.