Laws Relating to the Management of Urban Development Areas: A Comparative study of Foreign Countries, Thailand, and the Eastern Economic Corridor

Abstract

   The objective of this research is to analyze legal mechanisms related to the management of area development on the issues of decentralization and the principles of public participation, by making a comparison between foreign countries, Thailand, and the Eastern Economic Corridor (EEC) to propose legal recommendations for the area management in the EEC. The research results showed that relevant laws in foreign countries emphasize the concept of decentralization to local governments in terms of urban planning and urban development. However, in Thailand, under the Town Planning Act B.E. 2562, the authorized agency to make policy and town plans is the Department of Public Works and Town & Country Planning, which is a central government agency along with the role of local governments which does not reflect the intrinsic concept of decentralization as shown in other countries. Additionally, public participation is still incomplete, that is, citizens have the right to express their opinions and investigate only in some cases or under certain conditions, which contradicts the inspection of state power principle. As for the Eastern Special Development Zone Act B.E.2561, there are some legal issues in many aspects raised by civil society organizations, especially the powers of the Special Development Zone Policy Committee, and the level of public participation which is lower than the measures specified in the Town Planning Act B.E.2562. This may prevent the EEC Project from achieving its sustainable development goals.

               In terms of public participation, the researchers propose recommendations in 3 phases, namely: 1) In the short term, measures regarding public participation under the Eastern Special Development Zone Act B.E.2561 should be established at the same level as those specified under the Town Planning Act B.E.2562 to achieve the same standards of ensuring the citizens’ rights. 2) In the medium term, there should be additional amendments in the parts where citizens are restricted in their rights to participate in amendment, and review of city planning enforcement results as stipulated in foreign laws. Also, the guidelines for public participation for all types of city plans should be launched. 3) In the long term, Thailand should have an act governing public hearings to set certain guidelines for hearing public opinions and implementing those opinions in policy making process. When such an act is available, The Town Planning Act B.E. 2562 and the Eastern Special Development Zone Act B.E.2561 should be amended by adding public hearings as another method for public participation in town planning, which is consistent with foreign countries’ practices.