Integrating the Environmental Dimension into Urban Planning in Algeria: Towards a Sustainable Future

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Abstract

The urgent need for reconstruction and construction imposed by rapid demographic growth has become directly or indirectly affecting the environment, given the size of the effects left by urban sprawl at the expense of the environment, in addition to the spread of tin scenery and the expansion of chaotic buildings, for these reasons, the environmental dimension has become one of the necessities that must be taken into account in all development plans, as is the case with preparation and reconstruction plans.


The latter is one of the most important legal means of protecting the environment from the risks of reconstruction and construction, and these plans mainly include the National Plan for the Development of the Territory, the Master Plan for Development and Reconstruction, and the Land Occupation scheme.


This study showed the extent to which the environmental dimension is included in these plans and the extent to which they achieve sustainable development in Algeria.


Keywords: Environmental dimension, Sustainable development, Urban law, Urban planning.


 


Introduction


At first glance, it seems that both urban law and environmental law are objectively different from each other and even contradictory, considering that urban law is based mainly on the idea of exploiting natural areas to establish buildings and urban spaces of various forms and types and extend its expansion at their expense, while the environmental law seeks to protect the three elements of the environment (land, water, and atmosphere) from various forms of environmental degradation known by the ocean and environmental environments, as it has become a threat to the lives of living organisms, which made the alarm sound strong to defend the environment and issue many legal texts to protect it.


Among the most prominent of them are the urban laws, which adopted new ideas that pay attention to some distinctive parts of the environment such as the coast region, regions with natural advantages, and natural, cultural, and historical reserves without neglecting agricultural lands, and thus the law of urbanism and the environment meet and share the subject of environmental protection, but more than that, the issue of the environment in the urban sector has become a basic requirement to devote the principle of sustainable urban development, and this is through the adoption of the Algerian legislator the idea of including the environmental dimension within the tools of reconstruction and construction to achieve the goals and objectives of development Sustainable urbanism.


Based on the above, addressing this issue requires us to raise the following problem:


To what extent has it become necessary for the urban system in Algeria to adopt the environmental dimension within the reconstruction and construction plans? What are the main effects of this to achieve the goals of sustainable urban development?


To answer this problem, we relied in our study on the analytical approach because we need to address the most important aspects related to the study of this topic.


To try to familiarize ourselves with the contents of this research, we decided to present its contents in two sections as follows:


First section: the inevitability of evoking the environmental dimension within urban plans.


Second section: the effects of integrating the environmental dimension on sustainable urban development.


1. The Inevitability of Evoking the Environmental Dimension within Urban Plans


If the task of reconstruction laws is to control and regulate land occupancy operations of various types and manifestations, the environment is the vessel that occupies these operations and is affected by them, which requires the necessity of developing urban choices restricted by environmental controls, taking into account the proper use and exploitation of natural and urban spaces in a balanced manner, as well as the preservation of ecosystems.


The urgent need for reconstruction and construction due to rapid demographic growth has affected the environment, whether directly or indirectly, given the magnitude of the effects created by urban sprawl at the expense of the environmental environment, in addition to the spread of tin landscapes and the expansion of chaotic buildings, which had a significant impact on the corruption and distortion of the general and aesthetic landscape of urbanization.


1.1. Preparation and Reconstruction Plans are Tools to Protect the Environment


The planning and reconstruction plans are the National Plan for the Development of the Region, the Master Plan for Development and Reconstruction, as well as the Land Occupation Plan.


The Algerian legislator has tried to integrate the environmental dimension into these three laws.


1.1.1. Environmental Dimension of the National Plan for the Development of the Territory


A. Definition of the National Plan for the Development of the Territory


Law n° 01-20 on the Law on the Development and Sustainable Development of Region[1] included the National Plan for Regional Development, which the first article of the same law defined as “a tool that works to develop the national space sustainably and harmoniously to face the great entitlements of the future”.


This law sets out how the State seeks to ensure the triple balance of social equity, sustainable development, and environmental support within the framework of sustainable development at the national  level for the next 20 years.[2]


The National Plan for the Development of the Region is a legal guidance document based on four guidelines, based on a set of major principles and proposals that include the implementation of a number of workshops, such as the construction of dams, through the activation of specific and precise action plans.[3]


B. Environmental Objectives National Plan for the Development of the Territory


Among the objectives stipulated in Law 01-20 and pursued by the National Plan are the following:



  • Support and activate rural media, regions, regions, and regions in difficulty;

  • protection and development of historical ecological heritage;

  • protection, valorization, and rational use of heritage, natural and cultural resources, and their preservation for future generations;

  • protection of regions and populations from hazards associated with natural variability;

  • Protecting and valuing ecologically and economically fragile spaces and communities by determining the methods of preserving them, such as coastal areas, continental shelf, wetlands, mountainous heights... Etc.[4]


1.1.2. The Environmental Aspect of the Master Plan for Development and Reconstruction


A. Definition of the Urban Planning and Reconstruction Directive Plan


Article 16 of the Planning and Reconstruction Law defines the planning and reconstruction master plan as “a spatial planning and urban management tool that defines the basic guidelines for urban planning for the municipality and the municipalities concerned, taking into account the planning designs and development plans, and sets the reference for the land occupation plan”.


This plan seeks to regulate housing production on the territory of one or more municipalities to confront excessive and illegal expansions, as well as to ensure a balance between urban expansions and other areas in the medium term.[5]


Thus, it is a tool for prior control over any urban activity, and no license is granted for construction, construction, or demolition unless it is verified to the extent of its conformity with it and the land occupation plan.[6]


B. Content and Content of the Planning and Reconstruction Directive Plan


Article 19 of the Planning and Reconstruction Act defines the content of the master plan for planning and reconstruction, which is to define the types of sectors that make up any region: Perennial Sector, Programmed sector for reconstruction, Future Reconstruction Sectors, and non-reconstruction Sectors.


Executive Decree N° 91-177, amending and supplementing the contents of this scheme, namely:



  • Guidance report: specifies the general directives of the urban policy after explaining the current situation, the prospects for urban development, and the real estate base that will be applied within its scope;

  • Regulation: defines the rules applicable to each area covered by the sectors, for example, the predominant allocation of land, the nature of prohibited or special measures activities, as well as the areas of protection of areas and lands exposed to technological hazards... etc;

  • Documents and graphic documents: It includes several plans (status plan, preparation plan, easement processing plan, and a plan specifying the areas and lands exposed to natural and technological hazards).[7]


1.1.3. Environmental Aspect of the Land Occupation Scheme


A. Definition of Land Occupation Plan


Article 31 of the Planning and Reconstruction Law defines the land occupation plan as “the land occupation plan determines in detail within the framework of the directives of the planning and reconstruction master plan the rights and use of land and construction” and is, therefore, a tool aimed at determining the urban form of each area by regulating building rights on the land.[8]


It is also defined as a reconstruction tool that often gives the territory of a whole municipality in which the rules and rights of land use and construction are defined in detail while respecting the rules contained in the planning and reconstruction master plan.[9]


B. Content of the Land Occupation Plan


The land occupation plan consists of the regulation and the documents and the graphic documents for the regulation, it represents the regulatory part embodied in a memorandum of introduction proving the compatibility of the land occupation plan with the provisions of the master plan for development and reconstruction, as well as the rules determined for each homogeneous area, taking into account the special provisions applicable to some parts of the territory, as for the graphic documents, they contain several documents that include data, such as the site indication plan.[10]


C. Environmental Objectives of the Land Occupation Plan


The land occupation plan seeks to achieve a number of objectives in accordance with the provisions of the Planning and Reconstruction Law, which are to determine the minimum and maximum amount of permissible construction, to set the rules related to the external appearance of buildings, to determine easements as well as neighborhoods, streets, monuments, sites, and areas to be protected, to identify agricultural sites to be protected and protected, and to identify green spaces and public facilities.[11]


1.2. The Effectiveness of Development and Reconstruction Plans in Protecting the Built Environment


The objectives and principles contained in the planning and reconstruction plans have a direct impact on the environment, either negatively or positively, and this is what we will try to explain as follows:


1.2.1. The Role of the National Plan for the Development of the Region in the Protection of the Built Environment


The role of the national plan in protecting the environment is reflected in the fact that it includes several environmental principles, some of which are stipulated in the law to reduce environmental pollution as much as possible, and others aim to involve all actors in the framework of environmental protection.


The principles aimed at reducing environmental pollution are dealt with in Act No. 20-01 on the development and sustainable development of the territory.


These principles are as follows:



  • Biodiversity Conservation: The legislator requires all practitioners of activities, especially economic activities, not to harm biodiversity;[12]

  • Principle of non-degradation of natural materials: Article 9 of the Law on the Territorial Development emphasizes the rational exploitation of national spaces, especially the distribution of the population and places of economic activities throughout the national territory;

  • The principle of information and participation: by involving regional communities in the implementation of national planning and development projects at the local level;

  • The principle of precaution: through the valorization of natural resources and rational exploitation of them.


This principle is considered one of the most important elements that work to implement the national plan in the implementation of regional development policies by involving regional communities, citizens, and actors to find a balance between the optimal exploitation of natural resources and their preservation for future generations.[13]


As a result, the national plan is a forward-looking, preventive, and curative instrument that makes it possible to address environmental problems and to reduce as much as possible the depletion of natural resources.[14]


1.2.2. The Role of the Master Plan for Development and Reconstruction in Protecting the Built Environment


A master plan is a tool for reference control in the field of planning and reconstruction since no person or authority can carry out a reconstruction operation except by following the legal provisions contained therein.


It also works on planning the field and organizing cities and different types of construction, thus working to strike a balance between urban development and various other activities.


It also expands the scope of participation of public administrations and departments, including environmental management, which works to protect the environment, combat pollution, reduce tin neighborhoods, eliminate fragile and unhealthy housing, control transport schemes, ensure public service and protect the environment, and works to achieve a balance between the necessities of economic and social development.[15]


1.2.3. The Role of the Land Occupation Scheme in Protecting the Built Environment


The role of the land occupation scheme in protecting the built environment is to:



  • Achieving integration and homogeneity in the urban fabric through the economy in dealing with the field and working to protect agricultural lands and historical and cultural monuments;

  • Fighting fragile and chaotic buildings and aims to create an aesthetic architecture consistent with the surrounding environment containing green spaces and necessary public facilities;

  • Seeks to keep buildings away from risk-prone areas and keep them away from the streams of valleys and various networks.[16]                                                                                                                                                                                                                                                                                                                                                                                                                                                                2. The Inevitability of Integrating the Environmental Dimension into Sustainable Urban Development


One of the requirements at present is to reconsider the policy of reconstruction and urban development through the imperative of integrating and invoking the environmental dimension to achieve a balanced and regular relationship between the citizen’s right to meet his needs in the field of urbanization and environmental concerns. This is to create a sustainable urban structure and development that responds to the requirements of present and future generations in the field of reconstruction and construction in accordance with the requirements of environmental protection.


2.1. Sustainable Development Principles and their Implementation in Urban Plans


2.1.1. The Principle of Sustainable Development


The imperative of integrating the environmental element into urban decisions and policies has become a basic requirement to enshrine the principle of sustainable urban development,[17] whose concept is still unclear and accurate in some important aspects, considering that the issue of the environment in the urban field today is no longer just a perfectionist thought, but has become an important requirement and a necessary endeavor that must be interacted with and responded to its requirements.[18]


By virtue of the link between the built environment and human activity and its effects on this environment, both positively and negatively, the Algerian legislator has deliberately developed a legal system in the field of reconstruction and related and influential areas and has worked hard to enshrine the principle of sustainable development and ensure the inclusion of environmental dimensions. It is applied and applied on the other hand.[19]


Among these laws, we find in particular Law 01-20 on the preparation and sustainable development of the territory[20] and the subsequent laws that emphasize the integration of environmental concerns in the framework of environmental protection and sustainable development, including Law 03-10 on environmental protection within the framework of sustainable development.[21]


Law 04-03 on the protection of mountain areas within the framework of sustainable development, Law 04-20 on the prevention of major risks and disaster management within the framework of sustainable development, as well as Law No. 11-02 on protected areas within the framework of sustainable development[22] Based on the adoption of the principle of sustainable development within urban plans and emphasizing it through the implementation of the content of these legal texts that protect the built environment as a whole and achieve the goals, principles and objectives of sustainable development as an integrated multi-dimensional, multi-sectoral and multi-party framework.


2.1.2. Mechanisms for Achieving Sustainable Urban Development


The Algerian legislator has clearly and explicitly adopted the legal arsenal related to the provisions of the protection of the built environment on the planning mechanism to ensure the protection of the environment and the achievement of sustainable development goals.[23]


Adopting a planning mechanism in the field of the built environment based on the legislation stipulated in this field will give it maximum protection, and this is by taking into account scientific studies, environmental conditions, and the requirements of health and social services.


Urban planning plays a leading role in the possibility of creating a sustainable urban environment based on scientific foundations and legal controls that protect the environment and natural and historical environments.[24]


Their protection is also a prerequisite for national sovereignty, the preservation of the living conditions of the population, and the countering of negative indicators of environmental degradation.[25]


Extrapolating legislation related to urbanization and reconstruction,[26] we find that it stressed the obligation to protect the built environment in light of the requirements of sustainable development, as there is no room to talk about sustainable development in the event of violating environmental laws or disturbing the environmental balance, and therefore urban plans aim to protect the environment, especially agricultural lands with high yields, coasts, and prominent beaches, in addition to forests, mountains, and areas with geographical, climatic and geological advantage such as mineral water and bathing, and protects urbanization by not being built in areas prone to earthquakes or natural hazards.


Article 3 of Act N° 03-10 incorporates the integration of environmental protection and sustainable development arrangements into the preparation and implementation of sectoral plans and programs.


In paragraph 3 of the same article, he also stressed the principle of substitution, as it is possible to replace an age harmful to the environment with another that is less dangerous to it, even if the cost is high, and one of its applications is to replace the different destinations of buildings with destinations inspired by our Algerian heritage.


The principle of preventive activity in reconstruction work is also stipulated in Article 3, paragraph 5, of the same law by subjecting reconstruction projects to environmental impact studies and prior authorization of polluting activities.


In addition to the principle of participation and information in reconstruction work under paragraph 8 of Article 3, which stipulates the right of every person to know the environmental situation and allows him to participate in the procedures followed when making decisions that affect it.[27]


Nevertheless, the lack of coordination between the various sectors and central and decentralized bodies, the weak contribution of civil society organizations, the lack of environmental awareness, and the lack of investment in academic studies in the field of environmental protection and their field materialization prevent the effective application of these legal texts.[28]


2.2. The Impact of Sustainable Urban Planning on Achieving Environmental Sustainability


From the above, we note that the Algerian legislator paid great attention to the problems of urbanization and the environment and tried to give a kind of reconciliation and balance between urban growth on the one hand and the preservation of the environmental aspect on the other hand to achieve sustainable urban development.


2.2.1. Embodying the Process of Sustainable Urban Planning


The process of sustainable urban planning requires the need to pay attention to:


A. Taking into Account Regional and Urban Standards


All regional and urban standards must be studied to reach a sound design of the built environment, with the need to have careful coordination between all actors in this process, including planners, engineers, and designers, and it is also necessary to ensure effective coordination between these and urban site engineers and builders.


To achieve the above, planning plans and policies must be developed at the level of all regional and urban scales, as well as at the scale of neighboring residential buildings. It is necessary to study the style, quality, and construction of buildings in the proposed expansion areas in accordance with the directions of planning development.


For the urban development strategy to succeed, there must be broader urban sustainability.


As for the challenge facing sustainable urban development it is to create new areas for urban expansion and study them in a sustainable manner, which is possible if the available space is the imposed area.[29]


B. Updating Organizational Charts


Environmental sustainability in the modern urban planning process requires the need to update organizational plans, which must include social, economic, environmental, and urban dimensions, in addition to containing a design strategy that includes updating and developing designs.


Therefore, the organizational plan must be comprehensive of the environmental sustainability dimension and express the policies derived from the development planning strategy.[30]


One of the important topics that must be taken into account in achieving sustainable urban development is to give great importance when designing buildings, green spaces, and public parks of all kinds ... etc., as the lung that works to soften the climate and promote biodiversity, so it must be integrated with the organization of forests and planting trees... etc., in addition to that, it is also necessary to choose environmentally friendly building materials that contribute to saving energy, either through extraction from nature or manufacturing, transporting and installing them. Given the impact of pollution on the built environment, organizational charts should include sound and sustainable planning of environmentally friendly public transport.


2.2.2. Sustainable Urban Planning Results


To achieve the sustainability of the built environment, it is necessary to adopt sustainable and accurate urban planning that balances the economic, social, and environmental dimensions, considering that sustainable urban planning achieves more positive results and effects for humans and the environment on the ground, in that it is less expensive and easier to maintain, and designing buildings in an urban sustainable way makes them more active and flexible in use,[31] in addition to aestheticizing buildings, roads, sidewalks, parks and other urban spaces.


Sustainable urban planning that protects the built environment has an effective role in reducing the economic and social disparities between rural and urban areas while not neglecting the spatial dimension, which allows the use of resources and their rational exploitation through participation and collective action in determining strategies and plans appropriate to the data of the living reality, as recognized by Law N° 01-20 mentioned above.


2.3. Leading International Experiences in the Field of Sustainable Urban Planning


Some contemporary global experiences were the first to apply sustainability concepts in the field of urbanism during the twenty-first century for establishing sustainable urban communities that meet sustainability standards and also have environmentally friendly urbanism, and we can mention, for example, but not limited to:


2.3.1. Experience of Dong Tan (People’s Republic of China)


Dong Tan City is located at the southeastern tip of Chongming Island, and it is one of the best fertile lands and the area allocated for the project is 8,400 hectares to create a modern sustainable city that contributes to the development of urbanization without wasting natural environmental resources within the framework of the state’s interest in applying the concepts of sustainability, raising the standard of living of citizens and increasing new urban communities.[32]


2.3.2. Masdar City Experience (UAE)


Masdar City occupies a strategic location, as it is located near the Emirate of Abu Dhabi on an area of approximately 6.5 km² and has been connected with downtown Abu Dhabi with a vital network of roads and public transportation, and this city seeks to be the most sustainable city in the world and access to the best environment for life with the least environmental impact, and to become a global center of origin for renewable energy and clean technologies, and work began in 2008 and Masdar City is fertile land In which companies flourish and modern scientific innovations grow, and thus it is a model for sustainable urban development regionally and globally.[33]


2.3.3. Experience of Putrajaya (Malaysia)


The city of Putrajaya, the new administrative capital of Malaysia, is a model for achieving balanced sustainable development in various aspects of development, which expresses the aspirations of the leadership and the people together, including ministries and government institutions, and a huge real estate pot city project of up to 4931 hectares was allocated to accommodate the population, and it is called the smart garden city due to its availability on the information network and modern technological techniques, as it is a model environment for life and work in it.


2.3.4. Lloyd County Crossing in Portland (USA)


Lloyd County is located in Portland, Oregon, USA. This area was previously natural pine forests and then turned into an urban agglomeration that seeks to restore the biodiversity of the region and positive interaction with nature, benefit from the natural elements, and reduce the negative environmental impact to reach an urban area compatible with the natural environment.[34]


Conclusion


From the above, it is clear that both urbanism and the environment are linked to each other in many aspects to form a complementary and dependent relationship at the same time.


If the state of urbanization deteriorates, this has an inevitable consequence, which is the deterioration of the environmental situation, but if the construction is more harmonious and sustainable, the protection and maintenance of the environment is manifested, so the need to pay attention to urbanization and impose control over the planned reconstruction and construction is an example and a model for protecting the environment in the future. Based on this, the Algerian state needed to reconsider its urban policies to improve the management of its territorial area by controlling the rules of reconstruction and construction and the need to take into account the environmental dimension in it, which we have seen within the urban plans, which have enshrined in their contents the embodiment of the principle of sustainable development and the inclusion of environmental considerations in most legal articles.


Results



  • Sustainable urban planning is an integral part of the sustainable development system, and this is what the Algerian legislator sought to embody;

  • The Algerian legislature pays great attention to the problems of urbanization and the environment and is trying, through various legal texts, to create a perfect balance between the recent growth of the phenomenon of urbanization and the preservation of ecosystems;

  • Despite the exacerbation of environmental problems, urban plans remain an important legal means aimed at protecting the environment from the risks of reconstruction and construction, as they are reference documents that provide all the necessary directives to control urban activities in accordance with the subject of environmental protection and the requirements of sustainable development;

  • The issue of including the environmental dimension in the urban field has become inevitable, as there is no way to achieve sustainable urban development except through the re-evaluation of urban activities in accordance with the environmental perspective.


This requires redoubling efforts to establish sustainable urban development while ensuring an adequate standard of living on the one hand and meeting urban needs on the other.


The efforts made by the Algerian legislator to include the environmental dimension in urban decisions and plans are ambitious and bold, but they remain insufficient and insufficient in the face of this accelerating urban sprawl, which has become strongly imposed in many cases in the light of the urgent and increasing demand for housing, facilities, and various structures.


Recommendations



  • What is wrong with these urban plans is their shortcomings, limited effectiveness, and weak credibility in the field of environmental protection, which made them mere rigid compromise documents between the various sectors, and this requires the need to search for the most effective and effective mechanisms in the field of environmental protection through the involvement of all groups of civil society as an effective element in the process of preparation and reconstruction and the development of solid strategies to achieve sustainable development;

  • The need to instill environmental culture as an awareness method within the behavior of citizens through a set of good values that must be possessed by all in thought and practice because of the great importance of these values in achieving sustainable development;

  • To achieve sustainable urban development, all political, economic, social, and environmental dimensions should take into account the need to activate the complementary relationship between construction, the environment, and sustainable development;

  • Effective mechanisms must be found to ensure the integration of the concept of sustainable development in the field of urban planning processes through the creation of environmentally friendly building materials, which ensures the optimal use of land and its renewable energies and resources.


Bibliography
Journal Articles:



  1. Ahmed sayed, T., Islam Soliman, N. (2015). International experiences in developing sustainable new urban communities as an entry point for the development and sustainability of new urban communities in Egypt. Journal of Urban Research, 16(02);

  2. Amarna, M. (2013). Mechanisms of Environmental Protection in Algeria. Journal Al Mofakir, 8(01);

  3. Boudrioua, A. (2013). Environmental Considerations in Local Construction Plans. Journal of Rights and Freed, 01(01);

  4. Deeb, R., Muhanna, S. (2009). Planning for Sustainable Development, Damascus University Journal of Engineering Sciences, 25(1);

  5. Mejaji, M. (2007). Tools of preparation and reconstruction as a means of urban planning in Algerian legislation. Journal of Research and Scientific Studies, 01(01);

  6. Zakaria Issa, A. (2018). Relations between Development Policies and Environmental Protection- Inclusion of the Environmental Dimension in the National Plan for the Development of the Region, Journal of Reconstruction and Construction Legislation, 01 (01).


Books:



  1. Bin Ghadban, F. (2014). Sustainable Cities and the Urban Project Towards Sustainable Strategic Planning, (First Ed.). Amman – Jordan: Dar Al-Safa for Publishing and Distribution;

  2. Drim, A. (2011). Administrative Control of Preparation and Reconstruction Works in Algerian Legislation, (First Ed.). Algeria: Dar Qala Edition;

  3. Qara Turki, (2022). The Legal Protector of the Beauty of Cities in Urban Legislation - Urban Administration (First Ed.). Algeria: New University Publishing House.


Master’s Degrees:



  1. Chouk, (2015). Legal Means to Protect the Environment from the Risks of Reconstruction under Algerian Legislation (master’s degree in Environmental Law), Algeria;

  2. Ghawas, H. (2012). Legal Mechanisms for Urban Management (Master’s degree in Law), Algeria;

  3. Lakhal, A. (2002). The Role of Local Communities in the Field of Environmental Protection in Algeria (master’s degree in Financial Management), Algeria;

  4. Moaifi, M. (2013). Mechanisms of Protecting the Built Environment in Algerian Legislation (master’s degree in Environmental and Urban Law), Algeria.


Legal Acts:



  1. Executive Decree No. 91-177 (1991). Laying down the procedures for the preparation and approval of the planning and reconstruction master plan and the content of the documents related thereto. Sec. 26 (as amended and supplemented), Official Journal. ˂https://www.joradp.dz/HAR/Index.htm˃ [Last access: 10.2024];

  2. Executive Decree 91-178 (1991). Laying down the procedures for the preparation of land occupation plans, the approval of land, and the content of the documents related to them. Sec. 26 (as amended and supplemented), Official Journal. ˂https://www.joradp.dz/HAR/Index.htm˃ [Last access: 10.2024];

  3. Law N° 01-20 (2001). On the preparation and sustainable development of the territory. 77. Official journal. ˂https://www.joradp.dz/FTP/JO-FRANCAIS/2001/F2001077.pdf?znjo=77˃ [Last access: 29.10.2024];

  4. Law N° 03-10 (2003). On the protection of the environment within the framework of sustainable development. Sec. 43 (as amended and supplemented). ˂https://www.joradp.dz/HAR/Index.htm˃ [Last access: 10.2024];

  5. Law N° 11-02 (2011). On protected areas within the framework of sustainable development. Sec. 13. ˂https://www.joradp.dz/HAR/Index.htm˃ [Last access: 10.2024];


 


Footnotes


[1] Law N° 01-20 (2001). On the preparation and sustainable development of the territory. Sec. 77. Official Journal. ˂https://www.joradp.dz/FTP/JO-FRANCAIS/2001/F2001077.pdf?znjo=77˃ [ Last access: 29.10.2024].


[2] Article 7 of Law n° 01-20.


[3] Chouk, M. (2015). Legal Means to Protect the Environment from the Risks of Reconstruction under Algerian Legislation (master’s degree in Environmental Law), Algeria. p. 35.


[4] Article 4 of Law 01-20.


[5] Moaifi, M. (2013). Mechanisms of Protecting the Built Environment in Algerian Legislation (Master’s degree in Environmental and Urban Law) Algeria. p. 104.


[6] Drim, A. (2011). Administrative Control of Preparation and Reconstruction Works in Algerian Legislation (First Edition), Algeria: Dar Qala Edition. p. 16.


[7] See articles of Executive Decree No. 91-177 (1991). Laying down the procedures for the preparation and approval of the planning and reconstruction master plan and the content of the documents related thereto. Sec. 26 (as amended and supplemented), Official Journal. ˂https://www.joradp.dz/HAR/Index.htm˃ [Last access: 29.10.2024].


[8] Mejaji, M. (2007). Tools of preparation and reconstruction as a means of urban planning in Algerian legislation. Journal of Research and Scientific Studies, 01(01). pp. 9-31.


[9] Ghawas, H. (2012). Legal Mechanisms for Urban Management (master’s degree in Law), Algeria. p. 27.


[10] Article 3 of Executive Decree 91-178 (1991). Laying down the procedures for the preparation of land occupation plans, the approval of land, and the content of the documents related to them. Section 26 (as amended and supplemented), Official journal. ˂https://www.joradp.dz/HAR/Index.htm˃ [Last access: 29.10.2024].


[11] Article 31 of the Planning and Reconstruction Law.


[12] Zakaria Issa, A. (2018). Relations between Development Policies and Environmental Protection- Inclusion of the Environmental Dimension in the National Plan for the Development of the Region. Journal of Reconstruction and Construction Legislation, 01 (01). p. 123.


[13] Zakaria Issa, A., ibid. p. 25.


[14] Ibid. p. 30.


[15] Moaifi, M., ibid. p. 111.


[16] Ibid. p. 115.


[17] The concept of sustainable urban development first emerged at the Rio de Janeiro Conference in 1992 and was translated into practice through Agenda 21 and was also emphasized at the 21st Urbanism Conference held in Berlin in 2000, which presented examples of best practices in the application of sustainable urban development in cities around the world.


[18] Chouk, M., ibid. p. 20.


[19] Boudrioua, A. (2013). Environmental Considerations in Local Construction Plans. Journal of Rights and Freed, 01(01). p 421.


[20] Law N° 01-20.


[21] Law N° 03-10 (2003). On the protection of the environment within the framework of sustainable development. Sec. 43 (as amended and supplemented). ˂https://www.joradp.dz/HAR/Index.htm˃ [Last access: 29.10.2024].


[22] Law N° 11-02 (2011). On protected areas within the framework of sustainable development. Sec. 13. ˂https://www.joradp.dz/HAR/Index.htm˃ [Last access: 29.10.2024].


[23] Considering sustainable development according to Article 04 of Law N° 03-10 means reconciling viable social and economic development with environmental protection in the sense of including the environment in a development framework that guarantees present and future needs.


[24] Lakhal, A. (2002). The Role of Local Communities in the Field of Environmental Protection in Algeria (master’s degree in Financial Management), Algeria. p. 45.


[25] Among these negative indicators of environmental degradation are: rapid and continuous population growth, population displacement from madness to the north, shrinking agricultural areas and desertification that affected steppe areas, and the loss of thousands of hectares of forests annually due to fires, see: Amarna, M. (2013). Mechanisms of Environmental Protection in Algeria. Journal Al Mofakir, 8(01). p. 389.


[26] In particular, Law N° 90-29 on the Planning and Reconstruction Law, which makes urban plans tools that include general rules aimed at regulating the production of land capable of construction and balancing the needs of the population with environmental protection based on respect for the principles and objectives of the National Urban Planning Policy in light of the requirements of sustainable development. see: Boudrioua, A., ibid. p. 421.


[27] Qara Turki, I. (2022). The Legal Protector of the Beauty of Cities in Urban Legislation - Urban Administration (First Ed.). Algeria: New University Publishing House. p. 50.


[28] Lakhal, A., ibid. p. 367.


[29] Deeb, R., Muhanna, S. (2009). Planning for Sustainable Development, Damascus University Journal of Engineering Sciences, 25(1). p. 4.


[30] Ibid. p. 12.


[31] Bin Ghadban, F. (2014). Sustainable Cities and the Urban Project Towards Sustainable Strategic Planning (First Ed.). Amman –Jordan: Dar Al-Safa for Publishing and Distribution. p. 124.


[32] Ahmed Sayed, T., Islam Soliman, N. (2015). International experiences in developing sustainable new urban communities as an entry point for the development and sustainability of new urban communities in Egypt. Journal of Urban Research, 16(02). p. 12.


[33] Ibid. p. 5.


[34] Ibid. p. 12.

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Integrating the Environmental Dimension into Urban Planning in Algeria: Towards a Sustainable Future . (2024). Law and World, 10(32), 48-59. https://doi.org/10.36475/10.4.4