First, what is the background of the introduction?
According to the Urban and Rural Planning Law, Regulations on Urban and Rural Planning in Guangdong Province and Regulations on Regulatory Detailed Planning in Guangdong Province, regulatory detailed planning (hereinafter referred to as "regulatory planning") is based on the approved urban (town) master plan and zoning plan, which plans the land use nature, development intensity, roads, engineering pipelines and supporting facilities, space environment and other control requirements of the construction area, and is for planning permission and implementation. In the national spatial planning system, detailed planning basically continues the legal status and role of regulatory planning. "Several Opinions of the Central Committee of the Communist Party of China and the State Council on Establishing Land Spatial Planning System and Supervising its Implementation" points out that "Detailed planning is an implementation arrangement for specific land use and development and construction intensity, and it is the legal basis for carrying out land spatial development and protection activities, implementing land spatial use control, issuing planning permission for urban and rural construction projects, and carrying out various constructions within urban development boundaries". Regulatory management is directly related to safeguarding the public interests of the city, strictly observing the bottom line of development, ensuring the spatial response ability of social and economic development, and promoting the legal landing of construction projects.
As early as 2004, our province took the lead in carrying out provincial-level regulatory management legislation, and promulgated and implemented the Regulations on the Management of Regulatory Detailed Planning in Guangdong Province. In 2008, the Urban and Rural Planning Law was promulgated, which absorbed the relevant experience of regulatory management in our province into the legal provisions and became a great contribution of our province to the national planning management system. Over the years, our province has continuously improved the system construction of planning and management, and formed a relatively perfect planning and management order with legal permission, which has played a great role in the healthy and stable development of our province’s social economy, especially in maintaining the fairness and standardization of planning conditions for construction land. However, with the development of social economy and the deepening of reform, the regulatory management system can not meet the urgent needs of the rapid changes in the current market and the improvement of public service facilities in some aspects. It is mainly reflected in the fact that there is no distinction between business land and public welfare land, and there is no distinction between before and after the transfer of business land, which leads to the inefficiency of regulatory management, the difficulty in building public welfare facilities, the uncoordinated supply and demand of business land, and the difficulty in planning revision, which is incompatible with the current policy requirements for deepening reform. Under the new normal of economic and social development, the response efficiency of regulatory management to the spatial allocation of urban development factors has received further attention. Optimizing regulatory management has become the deployment requirement of deepening the market-oriented allocation reform of factors, "streamline administration, delegate power, strengthen regulation and improve services" reform and optimizing the business environment.Give full play to the decisive role of market allocation of resource elements. Improve the efficiency of planning and the guarantee ability of spatial response.
Second, what are the main ideas and contents?
In view of the fact that the current land and space planning system is not stable and new laws and regulations have not yet been promulgated, the main idea of drafting the Guiding Opinions is: under the framework of the current laws and regulations, strictly adhere to the bottom line thinking of safeguarding public interests, adhere to the problem-oriented approach of blocking points and filling shortcomings, and combine the existing practices and advanced experiences inside and outside the province to improve the efficiency of the examination and approval of regulatory amendments, with the aim of promoting the construction projects to land as soon as possible, and form a transitional document to guide all localities to strengthen and improve regulatory management.
The Guiding Opinions put forward 10 reform measures to strengthen and improve the management of optimized detailed planning (regulatory detailed planning) from four aspects: improving the preparation method, dynamically maintaining the planning, improving the efficiency of examination and approval, strengthening the preparation method of management support, planning adjustment, examination and approval procedures and management support.
3. What measures are there to improve the compilation method of control regulations?
(1) Clear control requirements at different levels. The Guiding Opinions put forward that the planning indicators such as building area, floor area ratio, green space area and public service facilities should be comprehensively balanced within the boundaries of urban development, which is conducive to strengthening the flexibility of planning and optimizing the functional layout within the unit.
(2) Defining the key points by type. Cities and counties can distinguish different types of regulatory planning, such as incremental areas, stock areas and historical protection areas, and put forward various types of regulatory planning priorities and control means to make a good connection between planning. For plots whose development intentions are not clear for the time being, they can be left blank in the control regulations.
(3) streamlining the results. The statutory documents and management documents in the integrated regulatory results can be integrated, and the integrated planning results are composed of statutory documents and technical documents.
4. What measures are there to optimize the dynamic maintenance of control regulations?
(1) Improve the efficiency of regulatory revision. It is really necessary to further improve the work efficiency of regulatory revision. The competent departments of natural resources in cities and counties can combine the demonstration of the necessity of regulatory revision and the preparation of regulatory revision plan, further shortening the time for expert argumentation and department collection of opinions at all stages.
Fig. 1 Schematic diagram of the optimized approval process for regulatory modification.
(two) the implementation of local adjustments and technical corrections. The Guiding Opinions put forward that under the premise of not violating the mandatory requirements such as the bottom line of national spatial planning, the protection of ecological environment, natural and historical cultural heritage and urban safety, and not breaking through the control indicators such as the leading function of the regulatory unit and the total residential building area, the local level can define the situation of local adjustment and technical revision of regulatory regulations in accordance with the law when listing, and put forward the specific situation defined in principle, so as to improve the spatial response efficiency of regulatory regulations to market allocation of resource elements.
V. What measures are there to improve the efficiency of regulatory approval?
(a) improve the planning committee and public participation system. According to the Guiding Opinions, cities and counties with conditions can set up regulatory detailed planning committees under the urban and rural planning (land and space planning) committees, and cities with districts can set up sub-committees of urban and rural planning (land and space planning) to improve the frequency and efficiency of deliberation of the urban and rural planning (land and space planning) committees or regulatory professional committees, strengthen the pertinence and effectiveness of the publicity of draft regulatory regulations, and accurately inform stakeholders of the planning contents.
(2) Optimize the regulatory approval process. Local level listing can entrust the examination and approval authority of land development rules (land plans) outside key areas within the scope of municipal districts to the district people’s government according to laws and regulations. All localities can entrust the approval authority of industrial parks and logistics parks to functional area management agencies according to laws and regulations. The local adjustment of control regulations shall be submitted to the original examination and approval authority or its entrusted authority for examination and approval after being examined and approved by the competent department of natural resources of cities and counties. The technical revision of control regulations can be approved by the competent department of natural resources of cities and counties.
Fig. 2 Schematic diagram of local adjustment and approval process (suggestion) of control regulations
Fig. 3 Schematic diagram of technical revision and approval process (suggestion) of control regulations.
6. What measures are there to strengthen the support of regulatory management?
(1) Strengthen the informatization construction of regulatory management. According to the unified data format, the Guiding Opinions proposes to accelerate the integration of planning such as regulatory planning, village planning, historical and cultural protection planning, overall land use planning and special planning, as well as spatial data such as land use status, cultivated land protection and land use approval, and strengthen the docking with the platform of engineering construction project approval management system. Reserved interface, do a good job with the land and space planning "one map" implementation supervision information system under construction.
(two) simplify the planning permission review procedures. Construction projects that have passed the "multi-regulation integration" project planning and generated functional review can directly issue land use planning permits in the land transfer link. Government investment projects that have passed the joint evaluation of engineering construction plans, industrial and logistics warehousing projects with land transfer plans, can no longer conduct the review of construction engineering design plans when issuing construction engineering planning permits.
(3) Encourage the establishment of a third-party review mechanism. The Guiding Opinions also proposes to encourage natural resources management departments to entrust technical institutions with corresponding qualifications to conduct third-party technical review. Third-party technical review institutions shall bear corresponding legal responsibilities for their review conclusions according to law, so as to strengthen the management support of control regulations and ensure the smooth implementation of relevant control regulations optimization work.
Notice of Guangdong Provincial Department of Natural Resources on Several Guiding Opinions on Strengthening and Improving Regulatory Detailed Planning Management (Provisional)