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Article

Challenges to the Practice of Good Governance in Urban Land Use Planning: The Case of Two Selected Ethiopian Towns

Ethiopian Institute of Architecture Building Construction and City Development (EIABC), Addis Ababa University, Addis Ababa P.O. Box 518, Ethiopia
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Author to whom correspondence should be addressed.
Sustainability 2023, 15(9), 7248; https://doi.org/10.3390/su15097248
Submission received: 8 March 2023 / Revised: 19 April 2023 / Accepted: 21 April 2023 / Published: 27 April 2023

Abstract

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The main objective of urban land management is to support efficient land use and supply tracking techniques. The various decision-making stages of the planning process should allow urban land management affected by development projects to participate. In the towns of Gelan and Lega Tafo Lega Dadi, this study attempted to assess the difficulties in the practice of urban land use planning from a governance perspective. To find the gap in land use planning descriptive data analysis was used. Both qualitative and quantitative research techniques were employed. Data were collected using surveys, interviews, focus groups and secondary sources. Descriptive analysis was then used to examine the results. The research showed that citizens’ preferences or existing urban land rights were not taken into account throughout the process of infrastructure construction and urban growth. In addition, urban land expropriation occurred without sufficient consultation and agreement with affected parties. Urban land valuations and property compensation did not represent market values. Urban zoning and law also have not kept pace with urban growth, to control urban sprawl, protect cultural monuments and heritage regions and prevent the spread of informal settlements in metropolitan areas. The general conversion of the land use planning did not exist before the demand from the municipal actors. Last, but not least, the process of obtaining a building permit was lengthy and expensive, and in places of informal tenure, there was no viable concept of protecting urban tenure.

1. Introduction

In contemporary public administration, the word “government” has been overused. The concept of governance is the nature of the connection between government and its citizens to serve and defend [1]. Land rights, defined by [2] as rules about access to land and the distribution of its benefits, are the basis for people to be able to exercise their right to use it. The distribution of land and the benefits that come with it are governed by complex socio-economic and legal laws. Land rights issues have attracted international attention due to their enormous negative social, cultural and, economic impact [3]. Spatial development plans, particularly for city management and development control, have been developed by North African states. The government has implemented a strategy for national land use and spatial planning that has specific priorities and defines specific roles of stakeholders for overall national development using a participatory approach. This action plan serves as a framework for interventions. This strategy was developed through a participatory process that resulted in alliances and synergies that will serve as a basis for future actions [4].
The spread of inefficient conflict resolution techniques, on the other hand, is one of the consequences of weak governance. Population growth, globalization, and climate change have increased the demand for land, while market forces have pushed prices up to levels far beyond the capabilities of many people. Urbanization has been the main driver of economic success, even when traditional techniques for controlling urban growth have failed to meet the needs of largely low-income migrants and local city dwellers. The hardest hits are the peri-urban areas. The authors of [4,5] identify neoliberalism, property rights, regulatory restrictions, land use planning, and the nation’s political economy as the top five challenges to land management. One approach to improving urban and environmental sustainability is land use planning [1]. Land is systematically reserved for various uses to balance social, economic, and environmental goals. In this context, land use planning is essential for balancing social, economic, and environmental objectives and this is necessary to ensure sustainability to meet the needs of the present and future generations without compromising the health of natural ecosystems now and in the future. Regardless of scope, the zoning process often involves identifying goals and objectives, collecting and evaluating data, making plans and entering into negotiations, making decisions, executing those decisions, and evaluating those decisions [6]. The significance of implementing appropriate land management practices in urban areas is shown through effective land use planning, expanding land tenure, fostering economic development, boosting public trust, improving land tenure, and managing state assets [1].
Supporting effective land supply management and land use tracking methods is the main goal of urban land management [7]. Effective land management governance is required for a successful urban land provision system [8]. Urban Governance Procedures in Ethiopia have not always improved. This problem is escalating due to rapid population growth and migration of young people. For overall governance, Ethiopia received a score of 46.5, ranking 35th out of 54 nations. All public sectors of the country lack services. Despite the fact that concerns about governance issues are often escalated to the relevant authorities, the voice of the public has gone unheard. The authors of [9,10,11,12] conducted surveys in variety of Ethiopian cities, including Addis Ababa, Shambu, DireDawa, and others, and the results revealed the deficiencies in urban land use planning. The effectiveness and efficiency of urban land use planning in relation to local government in the Ethiopian towns of Gelan and Lega Tafo Lega Dadi have not yet been evaluated. Therefore, this study discourses the challenges to practicing urban land use planning from governance perspectives using the cases of two selected Ethiopian towns.

2. Overview of Urban Land Governance

For sustainable growth, one needs land. Land resources can be used for a variety of conflicting purposes. The acquisition, distribution, development, and maintenance of land are all part of land policy. The management and planning of all land uses should be integrated. Intelligent land planning and management are beneficial to national progress when they contribute to the overall sustainable development of the nation [4]. The word governance has been used throughout history to describe a variety of government actions and decisions. The definition of governance varies between academics and international organizations. A society’s political, social, and economic activities are governed by a system of principles, rules, and institutions known as governance. Interactions between the public, private, and civil sectors serve as a basis. Governance is not a finished product, although it is becoming increasingly crucial for researchers and policy makers [13]. Libya and Tunisia are characterized by excessive peasant preponderance, high landlessness, and rural poverty [4]. Urban land management is a becoming key issue on the rise in many emerging countries where corruption and profiteering reign [8,14]. Strong governance is beneficial to urban land management at three different levels. It reveals the precise underlying causes of the land-related problems faced by resident dwellers, including local use of and access to urban land. The benefits of robust governance, particularly in land use planning, are being lauded by a large number of stakeholders who are becoming involved and exploring possible solutions to the problems uncovered [9]. They claim that effective land tenure management will promote economic growth, reduce social disadvantage, protect land and natural resources, improve public services, and prevent urban land disputes [15]. Ref. [16] Found that effective governance is important when making decisions about city property. Ref. [1] Found that good governance is necessary for good land use planning, economic growth, public trust, environmental protection, the well-being of the underprivileged, stewardship of public resources, the provision of respectable public services, and the resolution of conflicts. Ineffective policies and performance frameworks, an intersection of public and private interests, an excess of laws and regulations, and competing goals are signs of poor governance. According to [15], poor governance is characterized by a blurring of the lines between public and private interests.
  • Urban land management in Ethiopia
Ethiopia is a world-renowned country with a long history of undemocratic rule and substandard governance [17]. The current government has introduced a democratic system and other reforms to ensure political and economic stability. Despite government efforts and support from the international community to promote and implement it, Ethiopia’s current level of good governance remains inadequate [18]. The variables that have hampered the development of good governance in the country are structured and ideologically motivated government policies that have promoted patronage rather than meritorious principle [17]. Urban land is the area most prone to conflict and complex administration in Ethiopia as it is a significant socio-economic asset and control of the land is contested, which is identical to the issue of power administration seen in Ethiopian history which played a significant role and may continue to do so [19]. Efficient land use planning is therefore necessary for effective good governance, which has become a top issue for the Ethiopian government. Nevertheless, there is still potential for development in good governance principles of urban land management [20]. According to [14], corruption and profiteering, a lack of commitment from officials and experts, and the lack of a mechanism to hold local authorities accountable for their wrongdoing are the main obstacles to good governance in urban Ethiopia.
Ethiopia’s system is essentially hierarchical at both the federal and regional levels. It gives local government broad powers over land management practices. Due to regional differences in systems and socio-economic frameworks, each regional authority strives to assimilate and interpret government laws while maintaining system harmony. Regional declarations enact detailed regulations that take regional differences into account, while national land policies and legal frameworks contain more detailed explanations. This diversity can be accommodated by delegating powers to regional and local governments. The authors of [9] claimed that participation in state policy and legislative processes is minimal to non-existent. When the Ethiopian legislature, which is the sole responsibility of governments, proposes legislation that would affect their lives, interest groups are rarely contacted. Since the 1970s, there has been a law defining and dividing rural and urban land. Proclamation 47/1975 of the Ethiopian military government aimed to nationalize all urban land and housing outside the cities. To manage and cultivate urban land, Ethiopia has created a number of institutional and legal structures since 1975. Several justifications were successively discarded and replaced. Proclamation 455/2005 dealing with compensation issues, Proclamation 721/2011 dealing with municipal land administration/tenancy law, and Proclamation 818/2014 restricting municipal land registration are all relevant property laws. There are state constitutions, laws, rules, and regulations. Land and concrete land are the exclusive property of the state and other Ethiopian residents when considered pure natural resources as provided for in Article 40 of the Federal Constitution. The main reason governments support state ownership of personal property is that they fear that, with this approach, the bulk of city ownership would end up in the hands of a small, humiliating number of educated individuals, driving out and angering small owners. For this reason, the Institutional Framework for Urban Land Management does not assess the extent to which the current institutional and legal framework for urban land management promotes effective local land use planning and good governance. The main responsibilities of land management include the supply and transfer of land, the acquisition of building permits, and the management and registration of land holdings. Urban land use planning and regulation are critical to achieving environmental protection, effective land use management, infrastructure development, and sustainable economic growth. The main goal of stakeholders participating in land use plan development was to become acquainted with the plan development. In other words, participation is not part of the cycle of the urban planning system itself. Local governments encouraged prescribed technocratic planning techniques [21]. In many Ethiopian urban areas, public participation in urban planning is still quite low, despite a strong political commitment to increase public participation in decision making. The participation of stakeholder is typically low during the permitting process in most participatory urban planning experiences.
  • Challenges to practicing of urban land management in Ethiopia
The way urban land is managed in Ethiopia is inadequate. An empirical study shows that the elements of good governance are not fully implemented in the urban land use planning process. Principles of good governance have not been implemented at the municipal level (transparency, accountability, participation, and the rule of law). As a result, land use planning and development processes lack the essential components of good governance, participation, openness and accountability, equity, efficiency, and effectiveness [11]. As a result of poor implementation of good governance, cities’ land use planning has been unproductive and inefficient [22]. Studies by [10,11,12]. According to [22], urban land governance is partly hampered by institutional capacity constraints, official incompetence, lack of oversight and accountability, political favoritism, lack of material and financial resources, are other contributing factors.
  • Conceptual framework
A precise and well-defined assessment framework is required to assess land use planning from the governance dimension. According to [2,21,23], the Land Governance Assessment Framework (LGAF) developed by the World Bank and its partners is one of the best-known frameworks used to assess good governance in urban land management. For instance, the list of principles of good urban governance of [2] includes participation, accountability, equity, responsiveness, effectiveness, and efficiency as the key components of good governance principles to evaluate land use planning from governance points of view. However, based on the aim of these studies, the LGAF is used to assess urban land use planning from the governance dimension. Due to this, the LGAF is one of the most comprehensive diagnostic tool frameworks for assessing challenges to practicing land use planning from different governance perspectives.

3. Research Methodology

3.1. Overview of Study Area

Gelan and Lega Tafo Lega Dadi are two recently established towns. Gelan lies in the Finfinne Special Zone, 25 km southeast of Addis Ababa or between 70-12-9014 N and 38032 and 39032 E. On the other hand, Lega Tafo Lega Dadi lies in the Finfinne Special Area, which is 21 km northeast of Addis Ababa. Gelan has a total size of 7516 hectares and is physically connected to Addis Ababa and Dukam and Lega Tafo Lega Dadi is also connected to Addis Ababa and has a total area of 7444.53 hectares. Currently, 64,729 and 40,864 people live in Gelan and Lega Tafo Lega Dadi, respectively (Lega Tafo Lega Dadi and Gelan Town Administration, 2022). The map of the study areas is shown in Figure 1.

3.2. Research Design

To identify and understand good governance gaps and challenges to the practice of good governance in urban land use planning, the study used a mixed qualitative and quantitative research approach. This allowed the researchers to collect data from a large number of people at any given time. The two towns were chosen as study areas because they are close to Addis Ababa and have different geographic locations, nearly comparable population numbers, and the same urban structure with different development corridors, and there is the existence of poor urban land use planning and the fact that there has been no research conducted in the area yet. To examine the discrepancies at the national, regional, and town’s levels, the researchers critically examined indicators of good governance in land use planning and chose the two towns as study sites. Analysis of the effects of effective land use planning from the perspective of good governance was carried out using a descriptive case study. In this study, cross-sectional questionnaires were used to generate quantitative data, and focus groups and structured interviews were employed to collect qualitative data from key informants. In this study, a Likert scale was used to quantify the household survey result from quantitative data.

3.3. Sampling Technique and Size

Residents and administrators were employed to select respondents using probability and non-probability sampling techniques. The researchers purposively selected the informants considering their information related to urban land and their direct or indirect relationship to the land sector in their daily activities, due to which they were considered valuable providers of information. From the two towns studied, the researchers carefully selected 22 key informants for the survey, with 11 key informants from each. The mayor’s office, taxes and customs, the judiciary, the Kebele/municipal administration, town planners, and the municipality were among the key informants selected by the respondents, all of whom they regarded as reliable sources of information. The focus group discussion (FGD) was attended by eight local government officials and each city’s Kebele administrators. These staff included city land management specialists, municipal specialists, finance and customs specialists, judicial authorities, and Kebele administrators from four Kebeles (sub municipal governments) in the two towns
Respondents were selected by systematic random selection from each city and Kebele. For the choice of the ratio of these two values, i.e., N/n, a sample size of n was necessary or preferred to determine the sampling interval when the population contained an N-ordered element. For this study, the heads of household in the two towns were included in the population. Data from the two cities show that there were 8722 households in Gelan and 8173 in L/Tafo L/Dadi, respectively, for a total of 16,895. The following equation was used in the study to determine household sample size based on the 1967 Yamanes formula (1):
N = N/(1 + N(e)2)
where:
  • n = the sample size,
  • N = the population size, and
  • e = the level of precision or the sampling error, which is ±5%.
Hence, n = 16,895/1 + 16,895(0.05)2, and
n = 391
The sample size for each city was determined from the total sample size based on the town’s household size using the stratified sample formula:
Ni = (n/N)Ni
where:
  • Ni = the population size in the stratum,
  • n = the total sample size required for the study,
  • N = the total number of elements in the population with all strata taken together, and
  • ni = the sample size in the stratum.
Hence: Gelan town = (391/16,895) × 8722 = 202; Lega Tafo = (391/16,895) × 8173 = 189.
Table 1 shows the specifics of the interviews. Each autonomous home was assigned a random starting point. This formula was used: K = N/n. To increase the response rate, the researchers also increased the sample size by 20%. Therefore, in addition to the questionnaires distributed for the given sample size, a further 391 × 20/100 = 78 questionnaires were distributed. Twenty percent of the population was reserved as substitutes to deal with unforeseen uncertainties.

3.4. Data Analysis Method

Descriptive analysis was used to examine the qualitative and quantitative information collected from respondents. In mixed data analysis, qualitative data analysis was predominantly used. The household survey consisted of a total of 391 questionnaires, all of which were returned and entered into IBM SPSS (version 20) for statistical analysis. Tables, graphs, and percentages were used to present the statistical results, whereas interpretation and narrative were used to assess the data gathered from focus groups, interviews, and secondary sources. Surveys, focus groups, and interviews were used as triangulation techniques.
  • Significance of the study
The result of this study may provide a picture of the challenges to practicing urban land use planning from governance perspectives that the towns face on the path towards promoting good governance in urban land use planning. With this in mind, it might be helpful for policy makers, regional governments, and local governments to consider how to move forward with the goal of good governance in urban land use planning. In addition, this study can help governments review their land policies, especially in regions where urban land management is a barrier to good governance.
  • Limitation of the Study
Recognizing the limitations of the research allows one to reflect on the decisions made during the planning and fieldwork phases and to identify possible unanswered or unresolved questions that can be considered in future studies. Despite some shortcomings, the fieldwork was generally successful. Collecting information deemed sensitive by city officials, such as concerns about illegal land transactions and issues related to compensation, is one of the major limitations that the researchers faced during data collection. To mitigate this limitation, the researchers tried to extend the crucial interviews to other specialists within sector to address the issue and increase the reliability of the data.

4. Research Findings and Discussion

The survey result revealed that communities affected by the expansion of development have not been able to participate in the various levels of decision making. At the same time, changing urban land use and management was not transparent and offered significant benefits to society rather than powerful groups. Therefore, listed below are the indicators used in the study to examine the extent of good governance practices in land use planning.

4.1. Transparency of Urban Land Use Restrictions

Urban expansion process development and existing urban land rights.
As indicated in Table 1, respondents were asked to rate their opinion on whether the process of urban expansion respects existing rights. Accordingly, 191 (48.8%) and 97 (24.8%) respondents answered that they disagreed and strongly disagreed, while 57 (14.6%) and 14 (3.6%) respondents answered that they agreed and strongly agreed, and 44 (11.3%) of the respondents answered undecided. Thus, from Table 1, it can be stated that the majority of respondents (191 (48.8%) confirmed that the process of urban expansion development process was not respecting existing rights.
Interviews conducted with town planners, the urban infrastructure process depends on government approval and not on the community. The expansion process sometimes destroys existing land rights by simply replacing land without compensating the landowners. During the fieldwork, a 60-year-old expressed his views regarding the existing land rights as follows:
  • “...I lived some years before the founding of cities, in our daily life we peacefully practiced our socio-economic life. However, after the founding of the towns, we lost many things like our land, our culture, and our social ties that existed before and during the city’s expansion onto our land, driving us away from our land and our relationships with the environment.”
Therefore, these results show that the process of urban expansion development does not respect existing rights, and the present finding is inconsistent with the study conducted by the World Bank (2016) as the researchers focused on the economic value of the land rather than the relation between the land and social ties.
  • The Transparency of Urban Expansion Process
As indicated in Table 1, the respondents were asked to rate their view on whether the process of urban expansion/infrastructure development is transparent. Accordingly, 226 (57.8%) and 91 (23.3%) respondents replied disagree and strongly disagree, while 37 (9.5%) and 13 (3.3%) respondents replied agree and strongly agree and 24 (6.1%) respondents replied undecided. Thus, from Table 1 it can be stated that the majority of respondents (226 (57.8%) confirmed that the process of urban expansion/infrastructure development is not transparent. Community participation in the planning and expropriation of urban land for the development process was very low. FGD with planners and land experts showed that all processes depend on the approval of technocrats and officials. In addition, interviews with key whistleblower groups revealed that the community was not allowed to be involved in decision making and was forced to accept towns’ government decisions. Thus, the overall process was not community-centric and participatory, but technocratic, and people lacked the power to negotiate on an equal level. Conversely to these findings, the Ethiopian Constitution Article 40, (8) indicates the right compensation as follows:
  • “…Without prejudice to the right to private property, the town may expropriate land for public uses, provided that compensation commensurate with the amount of the property is paid in more.”
In addition, information on planned urban expansions and infrastructure developments for public engagement with urban land rights by stakeholders did not fully meet the standards set out in the Urban Land Document. Table 2 reveals that communities affected by the project have strongly condemned the low compensation practice for the improvements under the appraised cost approach, as the transactions from the sale are much higher than the compensation granted by the government, which does not reflect the reality of land values.
These data show that fairness in property in compensation jurisprudence could not be adequately served in a situation where public comment on the compensation law fails to bring about meaningful changes that satisfy affected communities and stakeholders. As such, the process of urban expansion development was not transparent and did not conform to the standards set out in the Urban Land Document. The present results did not agree with the conceptual definition of Zakout (2006) as the implementation varied from place to place.
  • Urban Land Use Change Permit Applications
As indicated in Table 3, the respondents were asked to rate their view on whether approval requests for change in urban land use are promptly followed by development on these parcels of land. Accordingly, 200 (51.2%) and 120 (30.7%) respondents replied disagree and strongly disagree, while 30 (7.7%) and 9 (2.3%) respondents replied agree and strongly agree and 32 (8.2%) respondents replied undecided. Thus, from Table 3 it can be stated that 200 (51.2%) respondents confirmed that approval requests for change in urban land use were not promptly followed by development on parcels of land.
In practice, the urban land bank procedure for registering undeveloped land after eviction and right-of-way procedures was no better because vacant state land is not properly demarcated. In addition, the resources, human skills, and technological capacity were weak in the registration of vacant land after eviction through compensation and rights of way, as well as the poor practice of banking that has encroached on state-owned land. In addition, the illegal settlement areas were not regularly monitored and registered, making the undeveloped area conducive for speculation and the growth of squatter settlements. As a result, informal settlement homes are currently being destroyed by the campaign, particularly in the town of Lega Tafo Lega Dadi, by the law enforcement committee set up for squatters and informal settlements. Additionally, the capacity to provide urban land has been weak, meaning much vacant land is vulnerable to occupation in situations where change in land use is intended, and the delivery system is weak. These data imply that permit applications for urban land use change were not immediately followed by development, due to mismanagement and little capacity to manage the towns’ rapid expansion.

4.2. Public Participation

  • The Involvement of stakeholders in urban land use change
As indicated in Table 4, the respondents were asked to rate their view on whether a change in land use was approved by public consultation with different stakeholders. Accordingly, 222 (56.8%) and 83 (21.2%) respondents replied disagree and strongly disagree, while 35 (9%) and 19 (4.9%) respondents replied agree and strongly agree and 32 (8.2%) respondents replied undecided. Thus, from Table 4 it can be stated that the majority of respondents (222 (56.8%) confirmed that changes in urban land use were not approved by public consultation with different stakeholders.
Survey results indicate that some communities are involved in vision setting, town planning, and approval, while others are waived from the vision setting. Finally, public proposition is required in the creation and modification of city zoning plans, but public comments remain largely invisible in cities as zoning plans are finalized. Accurate regulation should be designed for all zoning changes to primarily incorporate the interests of the majority of affected communities, rather than to support the Process Council’s technocratic analysis. These results imply that the urban plan produced is not socially inclusive, as community interests and concerns are marginalized in the planning and implementation of extension areas, and changes in urban land use are not approved through public consultations with various stakeholders. The present study contradicts with the existing urban Plan Preparation Guideline Document (2003) and the conceptual definition of the FAO (2017) as a result of governance issues and agrees with the study conducted by Alemie et al. (2015) in the case of planning without sufficient institutional, regulatory, and governance frameworks that leads to inequality and the marginalization of vulnerable people.
  • The changes in urban land use planning
As indicated in Table 4, the respondents were asked to rate their view on whether changes in urban land use plans are based on a clear public process. Accordingly, 225 (57.5) and 77 (19.7%) respondents replied disagree and strongly disagree, while 34 (8.7%) and 20 (5.1%) respondents replied agree and strongly agree and 35 (9%) respondents replied undecided. Thus, from Table 4 it can be stated that the majority of respondents (225 (57.5%) confirmed that changes in urban land use plans are not based on a clear public process.

4.3. Urban Land Use Planning Efficiency

  • Urban Land Use Planning and Urban Spatial Expansion
According to a document review, town administrations have made an effort to integrate inner slums into mainstream urban development through regularization and guided land development through the provision of serviced land. However, in practice, town administration could not control the development of squats on the outskirts. This applied at the local level to the towns of Gelan and Lega Tafo Lega Dadi. Town officials now claim to be controlling, or at least curtailing, the surge in squatting on the outskirts by implementing a law enforcement committee campaign, but the continuity and fairness of this approach are still in question. As indicated in Table 5, the respondents were asked to rate their view on whether land use planning effectively guides urban spatial expansion in the town. Accordingly, 255 (65.2%) and 84 (21.5%) respondents replied disagree and strongly disagree, while 32 (8.2%) and 7 (1.8%) respondents replied agree and strongly agree and 13 (3.3%) respondents replied undecided. Thus, from Table 5 it can be stated that the majority of respondents (255 (65.2%) confirmed that land use planning does not effectively guide urban spatial expansion in the town.
In general, these data showed that although hierarchies of statutory town plans are established by law, urban zoning has not effectively guided and prevented urban morphology changes resulting from interest in urban land for different uses and that they often abusing statutory city maps created with zoning changes. While cities generally have a hierarchy of detailed land use plans enacted by law, in practice urban space expansion occurs informally, with infrastructure provided sometime after urbanization. Accordingly, the development of the urban expansion on the periphery was not sufficiently monitored and controlled with the timely creation and implementation of the development plan. Hence, land use planning does not effectively control urban space expansion in the towns and the present study agrees with the study conducted by the World Bank (2016).

4.4. Urban Land Use Plans and Regulations and Informalities

The expansion of investment prior to the establishment of towns, particularly in Gelan and Lega Tafo Lega Dadi, brought about inefficiencies in land use planning, according to data from municipalities. The town map was not updated regularly enough to reflect the frequent zoning changes made to the approved city plan, resulting in a visible discrepancy for the current town map revision, particularly an outdated and approved plan created 10 years ago. The lack of suitability, political intervention, monitoring, and evaluation, institutional structure gap, and lack of implementation of the land lease Proclamation 721/2011 are challenges that affected land use planning to effectively control the urban spatial expansion in the study areas. As indicated in Table 5, the respondents were asked to rate their view on whether land use plans and regulations are current and implemented and do not drive people into informalities. Accordingly, 264 (67.5%) and 80 (20.5%) respondents replied disagree and strongly disagree, while 27 (6.9%) and 6 (1.5%) respondents replied agree and strongly agree and 14 (3.6%) respondents replied undecided. Thus, from Table 5 it can be stated that the majority of respondents (264 (67.5%) confirmed that land use plans and regulations were not current or implemented, which drives people into informalities. Therefore, the implication of these results is that urban land use plans and regulations are not properly implemented, which drives people into informalities.
  • Planning Processes and Urban Growth
As indicated in Table 5, the respondents were asked to rate their view on whether land use planning effectively guides urban spatial expansion in the town. Accordingly, 277 (70.8%) and 81 (20.7%) respondents replied disagree and strongly disagree, while 19 (4.9%) and 1 (0.3%) respondents replied agree and strongly agree and 13 (3.3%) respondents replied undecided. Thus, from Table 5 it can be stated that the majority of respondents (277 (70.8%) confirmed that planning processes are unable to cope with urban growth.
Moreover, this approach also excludes the poorest communities, whose members do not have the savings to pay the initial lease payment and are unable to obtain housing credit. As mentioned above, there remains a huge unmet demand for housing. Thus, the land allocation for large housing and cooperative housing developments and the past efforts of housing cooperatives did not reflect the towns planning’s ability to cope with urban growth and did not help to effectively reduce the housing backlog. Despite the low supply of land to meet the large unmet demand of housing, the capacity of the government’s formal land supply system has not improved. In current trends, the government’s increasing capacity for formal land supply through the allocation of housing cooperatives for private developers is also evidenced by the increasing land supply for housing and other development activities.
Table 6 shows that while about 17,366 residents applied for residential land but only 9981 (43%) acquired the land through the housing cooperatives in Gelan and Lega Tafo Lega Dadi town administrations. Of 11,000 people who applied to a housing cooperative, in 2019 and 2020 in the town of Lega Tafo Lega Dadi, only 7431 (32%) individuals received the land, and out of 6366 people who applied to a cooperative in the town of Gelan, only 3816 (60%) people acquired land. This implies there is a high interest in housing cooperatives in both town administrations, which are unable to cope with the demand of the people to deliver developed land. Nevertheless, the situation of the formal land delivery system is generally weak in urban centers. In an FGD, town planners and land officials blamed the weak formal land supply on the inefficiency of human resource capacity, lengthy land delivery procedures, and an ineffective land delivery system. Neither a town map nor a land use planning system alone can guide urban growth and create a slum-free urban spatial structure.
These results show that the factors contributing to the formation of slums were the failure of the formal land delivery system and the rise in land prices that forced individuals to transact land and property rights regardless of their legal status. However, the formal land supply trends did not cover the enormous housing demand in the study areas. Municipalities have struggled to some extent to accommodate urban growth, but there was still a large gap between people’s demands and government responses to make developed land available to the community. The present study disagrees with that of Takele et al. (2014) as this study was conducted before the cooperative house started and the lease system was properly implemented in these areas.
  • Planning process and protection of cultural buildings andcultural heritage
Survey results revealed that local heritage has not been fully protected during urban expansion and regeneration. Some cultural buildings have already been demolished. For example, communities living in Gelan and its areas have their own traditional beliefs and way to carry out their traditional administrative structure (Gada system), which is very well known among Oromo communities. The areas (Arda Jila) known to host this event every 8 years are Oda Nabe, Chafe Tuma, and Dongora Tuma, which are locations in the town’s land use plan and occupied by informal settlers. As a result, after the town was founded, the areas were not placed under heritage protection in the development plan but were used as residential areas. The founding of the town thus divided four of the sacred ritual sites into two administrative systems, two of which are still under the Akaki-Woredas surrounding the town of Gelan, which were still protected. In addition, as a result of town expansion, historical and well-known place names are being destroyed and converted into others. For instance, in the town of Gelan, Dalot areas, which were well known to local people, were changed to Meto Arba (140), causing inconvenience and viewed as a government matter by local communities. However, according to City Plan Proclamation No. 574/2008, Article 5, (7), all processes of city plan creation and initiation must protect the community and the environment, as well as preserve and restore historical and cultural heritage. Settlements in the study areas range from proliferate squats to consolidated settlements. They were seen in risk areas and environmental protection areas, and floods claim the lives of people and their property.
Informal settlements exist in the urban centers and squats are still growing in high-risk and environmental protection areas, while the measures taken to date to solve the problem were either resettlement of informal settlers included in the regularization plan or stopping of new informal settlements. However, resettlement procedures for the regulated settlements located in the risk zone did not exist. Efforts made to develop coping strategies to reduce risks and protect the environment were not yet visible. Although the critical impacts on environmental assets are reduced in urban areas, the government has developed 30, 30, 40 strategies (i.e., 30% roads, 30% urban green space, and 40% buildings) to increase the sustainability of urban areas and protect environmental assets. However, in practice, such strategies were not implemented either in urban structures or in study areas. This result shows that the spatial planning regulations to protect residents and the environment were not implemented flexibly, since most old settlements were still in risk areas and the settlement density in risk areas is high in both study areas. Therefore, neither regulation of land use plan nor the zoning regulations were, protective, and controlling for squatters and informal settlers. The planning process did not protect cultural buildings with historical importance and was fraught with risks.

4.5. Speed and Predictability of Enforcement of Restricted Urban Land Use

  • Provisions for housing permits
According to legal document reviews, it was found that the National Building Code, the provisions of Building Proclamation No. 624/2009, and Regulation No. 243/2011 are legally binding and enforced by local government to guide standards, planning, design, and requirements and to regulate building in general. As indicated in Figure 2, the respondents were asked to rate their views on whether a provision for residential building permits are appropriate. Accordingly, 268 (68.5%) and 81 (20.7%) respondents replied disagree and strongly disagree, while 25 (6.4%) and 4 (1.0%) respondents replied agree and strongly agree and 13 (3.3%) respondents replied undecided. Thus, from Figure 2 it can be stated that the majority of respondents (268 (68.5%) confirmed that provisions for residential building permits are not appropriate.
In addition to these discussions with the municipality office, it is noted that the building permit regulation is subject to optional enforcement, particularly where there is a breach of the building height regulation, although this is a mandatory requirement for the allocation of cement for the building project. In the study area, the most common building material for low-income housing is adobe (chika) for walls, with. The urban planning codes and building standards were not affordable for the majority of the urban poor, which are replicated and modified based on the Central Business District (CBD) standard. The construction standard for G + 0 and G + 1 in both towns construction costs require more than ETB 3 million, which are only affordable for households with a high monthly income. The buildings, which violate the building permit regulation and material standard, are rejected for construction despite the standard being unaffordable for the majority of the population in the areas, especially people who are demarcated from rural to urban. This finding shows that the building permit standard for new housing, particularly for large urban areas, has been prohibitive for those looking to build affordable housing, thus urban dwellers looking forward to living slum housing and the outskirts.
  • The procedure for obtaining a building permit
Depending on the setting of standards and economic efficiency, a building permit is issued within 3–4 months if all the requirements are met, which corresponds to the practical standard of 3 months. However, due to the identified deficiencies in the qualification of prerequisites and planning and design review for complex buildings, the period for processing a building permit is sometimes extended to up to one year. On the other hand, there is some evidence of pet corruption by extending the length of building permits. According to an interview conducted with FGD, the building permit period has been extended beyond the standard rate because the experts, while needing some corruption on the part of the landowner, are becoming bureaucratic and delaying the deadlines. In line with this, as shown in Figure 3 the respondents were asked to rate their view on whether the process for obtaining building permits for a residential dwelling is short. Accordingly, 276 (70.6%) and 86 (22%) respondents replied disagree and strongly disagree, while 18 (4.6%) and 3 (0.8%) respondents replied agree and strongly agree and 8 (2.0%) respondents replied undecided. Thus, from Figure 3 it can be stated that the majority of respondents (276 (70.6%) confirmed that the process for obtaining a building permit for a residential dwelling takes a long time.
Although the normal period for executing building permits is three months, most building permits are suspended or denied for violating town planning or design codes while the process is carried out and approved, sometimes with corrupt system. Another factor hampering the efficient processing of building permits is neighbor disagreements over building permits, zoning standards, and poor monitoring of construction progress. This result therefore indicates that the process of obtaining a building permit for an apartment building takes a long time.

4.6. Tenure Regularization Schemes in Urban Areas

  • The formalization of urban land
According to survey results, it was neither practical nor inexpensive to formalize urban land since it was difficult to find unofficial or undocumented proof in towns that are extremely vulnerable to corruption. As shown in Figure 4, respondents were asked to give their opinion on whether the formalization of urban housing is feasible and affordable. Accordingly, 243 (62.1%) and 87 (22.3%) of the respondents answered “disagree” and “strongly disagree”, while 28 (7.2%) and 8 (2.0%) of the respondents answered “agree” and “strongly agree” and 25 (6.4%) answered “undecided”. Thus, from Figure 4, it can be stated that the majority of respondents (243 (62.1%) confirmed that the formalization of urban housing is not feasible and affordable.
This result showed that the regularization requirements for the urban planning and parcel legal standard represent a clear unequal treatment, since the land owners by the urban planning and parcel specific standard are legally obliged to demolish their parcels without compensation and the only privilege they receive is the replacement of land. In addition, the requirement for building permit restrictions impacts the security of tenure of regulated estate settlements, particularly in high land value zones and in the central area, due to fears of eviction if a building permit is implemented. Therefore, contrary to the proclamation of 721/2011, the formalization of urban housing was not feasible and affordable.
  • Informal tenure and viable strategy
The survey result revealed that rare regularization is the normatively dominant experience in urban centers, and a randomized systematic regularization was initiated to implement the above land leases and regulatory framework. Accordingly, 254 (65%) and 98 (25.1%) respondents answered “disagree” and “strongly disagree”, while 17 (4.3%) and 8 (2.0%) respondents agreed “agree” and “strongly agree” and 14 (3.6%) answered “undecided”. From Figure 5, it can thus be seen that the majority of respondents (254 (65%) confirmed that there is no viable strategy for securing property, infrastructure, and housing in cities with informal tenure.
According to the town administration, in Lega Tafo Lega Dadi, after regularization, 9853 houses were demolished in 5 years, while in Gelan, 458 houses were demolished, but the demolished buildings were soon replaced with new ones. However, the proliferation of illegal construction and government actions is causing an economic and political crisis in these areas as stated in Table 7.
These data showed that most illegal buildings were demolished in towns. Inadequate compensation for farmers also contributes to exacerbating the informal situation in the suburbs, as informal trade in farmland has allowed farmers to obtain attractive prices compared to the compensatory prices granted to them by city governments. For example, in the town of Lega Tafo, the compensation paid to farmers averaged at ETB 111 per m2, while farmers sell for an average of ETB 500–100 per m2 through informal transactions. On the other hand, the rental price for housing in Lega Tafo Lega Dadi ranges from ETB 500 to 7000 per m2, which is exorbitantly high for poor and even middle-income people. In the interview, officials said land prices increased tenfold after the country was regulated. Currently, the trend for new squatters is coercion, and the law enforcement committee was organized at the town level. In both towns, for example, the law enforcement committee has organized to legalize informal settlers. The law enforcement committee and organized public body approved the legal agreement and under the agreement the law enforcement agency legally adhered to the public body to notify about rapidly increasing numbers of squatters and the consequences of non-compliance. In addition, the one-time confusion of coercive measures with link officers leads to the perpetuation of squatter settlements. The result shows there was no viable strategy for securing property, infrastructure, and housing in towns with informal ownership.

5. Conclusions

Urban land use, social inclusion, urban land value, and access to finance are all affected by good land use planning, which is critical to securing urban land tenure. Stakeholder engagement is critical to conducting effective and transparent land use planning. Municipalities affected by development projects should be able to participate in the various phases of the decision-making process. Existing rights were not respected, and the decision-making process in the course of urban infrastructure development was not transparent and participation was not encouraged. By replacing existing law with urban land instead, the growth process occasionally destroys it without compensation. However, the direction of city growth and its governance have been poorly directed by current legislation and land use planning. The public was not involved in the establishment of cultural structures, historical structures, heritage sites, or a general change in land use planning. Due to the collapse of the official land delivery system and the rise in land prices, people were forced to trade real estate regardless of their legal status. Squatters are still spreading in high-risk and environmental protection areas, and informal settlements exist in urban areas. Measures taken to date to address the problem have been either to relocate existing informal settlers as part of the regularization plan or to halt the arrival of new informal settlers. Regulated communities in the risk zone, however, lacked a resettlement system and it was expensive and time-consuming to legitimize city buildings in communities where tenure was informal. The persistence of squatter settlements in the cities is due to the blending of repeated coercion and the lack of efficient measures to maintain property protection. To implement the land use plan, which includes building construction, existing land rights have to be respected, made transparent, and geared towards the community. In addition, strategies are needed to conduct a specific inventory, identify historical and cultural assets, and protect cultural and community heritage. Last, but not least, since this study was conducted in cities classified as large cities by the Ministry of Urban Development and Housing (MOUDH, 2006), it will help interested researchers in their future work on other categories of cities. Further research is therefore needed to explore the implications of good governance in land use planning, examine changes in urban populations’ means of livelihood, and investigate the impact of land use policies on informal settlements and squatter settlements.

Author Contributions

Conceptualization, F.U. and D.A.; methodology, F.U., D.A. and L.W.; software, F.U. and D.A.; validation, F.U., D.A. and L.W.; formal analysis, F.U. and D.A.; investigation, F.U. and L.W.; resources, F.U.; curation, F.U., D.A. and L.W.; writing—original draft preparation, F.U. and D.A.; writing—review and editing, D.A. and L.W.; visualization, F.U.; supervision, D.A. and L.W.; project administration, F.U.; funding acquisition, none. All authors have read and agreed to the published version of the manuscript.

Funding

This research received no external funding.

Institutional Review Board Statement

The study was conducted in accordance with the Decla-ration of Helsinki and approved by the Ethics Committee of Addis Ababa University (EIABC/GDP 493/202020 and 1 November 2020).

Informed Consent Statement

Informed consent was obtained from all subjects involved in the study.

Data Availability Statement

The data presented in this study are available on request from the corresponding author.

Conflicts of Interest

The authors declare no conflict of interest.

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Figure 1. Location map of the study area (Gelan and Lega Tafo Lega Dadi).
Figure 1. Location map of the study area (Gelan and Lega Tafo Lega Dadi).
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Figure 2. Response rate of respondents on provisions for residential building permits (source: Survey result, 2022).
Figure 2. Response rate of respondents on provisions for residential building permits (source: Survey result, 2022).
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Figure 3. Response rate of respondents on the process of obtaining a building permit (source: Survey result, 2022).
Figure 3. Response rate of respondents on the process of obtaining a building permit (source: Survey result, 2022).
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Figure 4. Response rate of respondents on formalization of urban residential housing (Source: Survey result, 2022).
Figure 4. Response rate of respondents on formalization of urban residential housing (Source: Survey result, 2022).
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Figure 5. Response rate of respondents on informal tenure regulation (source: Survey result, 2022).
Figure 5. Response rate of respondents on informal tenure regulation (source: Survey result, 2022).
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Table 1. Response rate of respondents on process of urban expansion development.
Table 1. Response rate of respondents on process of urban expansion development.
The Process of Urban Expansion Development Process Respects Existing RightsTown of RespondentsTotalPercent
GelanLega Tafo Lega Dadi
Strongly agree113143.6
Agree27305714.6
Undecided239328.2
Disagree1118019148.8
Strongly disagree40579724.8
Total202189391100.0
Process of urban expansion development is transparent
Strongly agree49133.3
Agree2215379.5
Undecided159246.1
Disagree11910722657.8
Strongly disagree42499123.3
Total202189391100.0
Source: Own survey result, 2022.
Table 2. Compensation process in study areas.
Table 2. Compensation process in study areas.
TownCompensation Given through Town Administrations, m2 (ETB)Average of Urban Land Transferred via Auction, m2 (ETB)Average of Urban Land Transactions via Informal Sale, m2 (ETB)
Gelan1115000–7000500–1000
L/Tafo L/Dadi1106000–10,000600–100
Source: Gelan and L/Tafo L/Dadi towns, 2022.
Table 3. Response rate of respondents on approval requests for change in urban land use.
Table 3. Response rate of respondents on approval requests for change in urban land use.
Approval Applications for a Change of Use in Urban Planning Are Followed Promptly by the Development of These Plots of LandTown of RespondentsTotalPercent
GelanLega Tafo Lega Dadi
Strongly agree5492.3
Agree1911307.7
Undecided239328.2
Disagree1029820051.2
Strongly disagree536712030.7
Total202189391100.0
Source: Survey result, 2022.
Table 4. Response rate of respondents on approval of land use change and public participation.
Table 4. Response rate of respondents on approval of land use change and public participation.
Change in Land Use Approved by Public Consultation with Different StakeholdersTown of RespondentsTotalPercent
GelanLega Tafo Lega Dadi
Strongly agree910194.9
Agree2312359.0
Undecided2210328.2
Disagree11011222256.8
Strongly disagree38458321.2
Total202189391100.0
Changes in urban land use plans are based on a clear public process
Strongly agree713205.1
Agree1816348.7
Undecided2411359
Disagree12210322557.5
Strongly disagree31467719.7
Total202189391100
Source: Survey result, 2022.
Table 5. Response rate of respondents on efficiency in the urban land use planning and land use plans and regulations.
Table 5. Response rate of respondents on efficiency in the urban land use planning and land use plans and regulations.
Land Use Planning Effectively Guides Urban Spatial Expansion in the TownTown of RespondentsTotalPercent
GelanLega Tafo Lega Dadi
Strongly agree3471.8
Agree1814328.2
Undecided103133.3
Disagree14411125565.2
Strongly disagree27578421.5
Total202189391100
Land use plans and regulations are current and implemented and do not drive people into informalities
Strongly agree0661.5
Agree1215276.9
Undecided131143.6
Disagree14212226467.5
Strongly disagree35458020.5
Total202189391100
Land use planning effectively guides urban spatial expansion in the town
Strongly agree3472.0
Agree1814324.9
Undecided103136.1
Disagree14411125563.2
Strongly disagree27578423.8
Total202189391100
Source: Survey result, 2022.
Table 6. The Demands of the People Applying For Residential Land and Government Response.
Table 6. The Demands of the People Applying For Residential Land and Government Response.
TownPeople Applying for Residential House via CooperativeLand Delivered to People Applying via Housing CooperativeGapPercent
Number of CooperativesNumber of IndividualsNumber of CooperativesNumber of IndividualsCooperativesIndividualsNumber of Coop.Number of Individuals
Gelan303636622438167925507360
L/Dadi L/Tafo68711,000215356947474313132
Total99017,366439738555399814443
Source: Lega Tafo Lega Dadi and Gelan, 2022.
Table 7. Demolished Illegal Houses.
Table 7. Demolished Illegal Houses.
NoTown2016–2020
Identified Illegal HousesDemolished
HouseFenceTotalHouseFenceTotal
L/Tafo L/Dadi13,61235113,96394244299853
Gelan736106842344114458
Total14,34845714,805976854310,311
Source: L/Tafo L/Dadi and Gelan town administration, 2022.
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Udessa, F.; Adugna, D.; Workalemahu, L. Challenges to the Practice of Good Governance in Urban Land Use Planning: The Case of Two Selected Ethiopian Towns. Sustainability 2023, 15, 7248. https://doi.org/10.3390/su15097248

AMA Style

Udessa F, Adugna D, Workalemahu L. Challenges to the Practice of Good Governance in Urban Land Use Planning: The Case of Two Selected Ethiopian Towns. Sustainability. 2023; 15(9):7248. https://doi.org/10.3390/su15097248

Chicago/Turabian Style

Udessa, Fraol, Dagnachew Adugna, and Liku Workalemahu. 2023. "Challenges to the Practice of Good Governance in Urban Land Use Planning: The Case of Two Selected Ethiopian Towns" Sustainability 15, no. 9: 7248. https://doi.org/10.3390/su15097248

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