Desk review will entail a quick review of the main policies and documents and identification of the sample plans that will be used to inform the preparation of the Framework.

Planned

Key Activities Necessary to Complete the Steps

• Review of relevant strategies, and development plans.
• Review of Relevant Acts, Regulations and Guidelines.
• Review of Compliance and Monitoring Reports and Minutes of Thromde Coordination Meetings
• Review settlements and their development plans and identify 3 for use as cases in the preparation of M&E Framework
• Compile a report incorporating the findings of the reviews

Inputs Required

• Constitute Three Taskforces and Taskforce 1 to work on this step.
• A list of policies and policy documents, Acts, Rules and Regulations, and Guidelines relevant to the human settlement planning and development.
• A list Compliance & Development Report and Minutes of Thormde Coordination Meeting.
• A list of settlements and their plans of national, regional and local significance.
• A list of stakeholders.

Output

A Report containing analysis of national policies, Laws, and Compliance and Monitoring with the highlight of issues related to Institutional framework and coordination. It should also have 3 human settlements of National, Regional and Local Importance for reference as cases in the preparation of the M&E framework.

Accomplished

Reviews

• Review of relevant policies, strategies and development plans: 12
• Review of relevant Acts, Policies and Guidelines: 34.
• Review of Compliance and Monitoring Reports and Minutes of Thromde Coordination Meetings: Compliance Reports; Minutes of Thromde Coordination Meeting; Bi-annual Reports of Thromde Activities; Compliance Report of Planning System in Thromde. 
• Review settlements and their development plans and identify 3 for use as cases in the preparation of M&E Framework:  Thimphu Structure Plan; Gelephu Structure Plan; and Melphey Local Area Plan of Trashigang

Key Issues

• Policies are agency and Sector specific and therefore centric to implementing their respective visions and objectives. So there is need for efficient coordination
• The FNCRR 2017 allows land allotment up to 45 deg or 100% slope. The BBR 2018 restricts construction on slope greater than 30%. There is need to clarify the discrepancy between the two regulations and find out categories of land that is allotted under this regulation.
• Poor compliance to the approved settlement plans and regulations
• Discrepancy between settlement plans and ground conditions.
• Lack of awareness of human settlement priorities for the implementation of proposals.
• Geotechnical studies after the approval of plans become problematic as often soil condition requires restriction on construction. Plot owners by then would have made plans for development
• Due to a budget ceiling in Dzongkhags, implementation of LAPs often becomes difficult

Output

• List of Agencies and documents directly relevant to the human settlement planning
• List of Documents Reviewed with their relevant contents transcribed
• Study of the relationship between HS principles , their spatial representation, and implementation at site.
• MATRIX of HS Components and Policies, Acts, Regulations, Standards and Codes

Key Findings

• Constitution: The highest law in the country mandates State and RGoB to preserve, protect, promote and ensure balanced sustainable development on the aspect of social, environment and economic development. It mandates Royal Audit Authority to audit economy, efficiency and effectiveness in the use of public resources. It mandates State to promote conditions that would enable the pursuit of GNH.
• The Acts have provisions on land, environment, water and governance to support the human settlement planning and provisions related to social, environment and economy.
• FNCA 1995 empowers Royal Government to convert any land including private land for protection, preservation and management of cultural and natural heritage site, environment, watershed and biodiversity.
• LG (Amendment) Act mandates LGs to promote conditions that will enable preservation, promotion and protection of social, environment and economy of the areas under their respective jurisdiction of the local government.
• Settlement Planning and Plans are comprehensive of the provisions of national policies and laws.

Recommendations

• List Policy Instructions, Sections from Acts, Clauses of Regulations related to planning principles and precincts for stakeholder consultation, legislative support in approval and implementation.  
• Need to harmonize in the application of the provisions of certain regulations. For e.g.; FNCRR 2017 and the BBR 2018 and FNCRR 2017 and the Water Act 2011.
• Devise means to held accountability by quoting provision listed in the point 1.
• Make site visits and site verification mandatory.
• As geotechnical information is critical to determining carrying capacity and develop-ability of land, geotechnical studies should be pre-requisite for human settlement planning.
• As settlement plans are for long term benefit, it is important that LAPs are implemented timely. Implementation of LAP is recommended to be funded outside budget ceiling.
• A detailed procedure for making changes to the precincts should be formulated through consultations.
• A detailed description of precincts highlighting their characteristics, benefits and risks should be prepared and shared during consultations.  
• Geo-technical studies should be made mandatory requirement for planning.
• Standardize the process of Stakeholder consultations and approval of human settlement plans. 
• Besides Investment Plan, there should be a list of projects prioritized as critical to realizing the vision of the structure and enhancing quality of life.

Key Documents