Interpretation of urban and rural planning regulations in Shanxi Province

Shanxi Province is accelerating both urbanization and new rural construction, and the issue of construction planning has never been more prominent. Shanxi Province, urban and rural planning regulations by the Provincial People's Congress Standing Committee of the thirteenth meeting of the vote, will be January 1, 2010 from the official implementation. In this regard, the reporter visited the provincial housing and urban-rural construction party members, chief planner Li Jinsheng and answered the relevant questions.

Reporters asked (hereinafter referred to as notes): Li, hello, "Shanxi Province, urban and rural planning regulations" (hereinafter referred to as "Regulations") has been November 26, 2009 by the Standing Committee of the Eleventh People's Congress of Shanxi Province, the thirteenth meeting of the deliberation of the implementation of January 1, 2010 formally. In order to implement the Regulations, raise the awareness of the whole society to the Regulations, accurately grasp the spiritual connotation of the Regulations, do a good job of urban and rural planning in our province according to law, and promote the healthy development of the province's characteristic urbanization, please give us a detailed explanation of the drafting process of the Regulations, the main factors considered in drafting the Regulations, and the main contents of the Regulations.

Answer (hereinafter referred to as Li): OK. First of all, on behalf of the Provincial Department of Housing and Urban-Rural Development, I would like to express my heartfelt thanks to Shanxi Daily for its concern and support for the Department of Housing and Urban-Rural Development as well as urban and rural planning work! Below, I will make a brief introduction to the drafting process of the Regulations, the factors considered in drafting the Regulations and the main contents of the Regulations.

The process of preparing for the drafting of the Regulations was relatively long and full, from the time when the Ministry of Construction drafted the Urban and Rural Planning Law (Draft) in 2000, my Office followed the Ministry of Construction to carry out the preparatory work for the drafting of the Regulations in parallel to the official promulgation and implementation of the Urban and Rural Planning Law on January 1, 2008, the Office of the Department of the Department of the Party Secretary, the Director of the Department of Comrade Wang Guozheng as the leader of the drafting work leadership group. The leading group for drafting the Regulations was established with Comrade Wang Guozheng, Party Secretary and Director of the Office, as the head of the group, and personnel from the cities of Taiyuan, Yangquan, Changzhi, Jincheng and Linfen, as well as the counties of Qingxu, Pingyao, Yangcheng and Huairen were deployed to participate in the drafting work. Under the strong support, help and coordination of the Working Committee on Urban Construction and Environmental Protection of the Provincial People's Congress, the Working Committee on the Legal System and the Legislative Affairs Office of the Provincial Government, the Legislative Affairs Office of the Provincial Government and the Provincial People's Congress respectively organized and convened two legislative debates, solicited in writing the opinions of the municipalities and the relevant departments of the provincial departments, and published the "Regulations (Draft)" in the Legal Network of the Provincial Government and the Network of the People's Congress of Shanxi Province as well as People's Representatives Newspaper respectively, and publicly solicited opinions and suggestions on the revision of the "Regulations" from the society. Regulations on the revision of opinions and suggestions, "Regulations (Draft)" has revised nearly 70 drafts.

Looking at the drafting process of the Regulations, the drafting of the Regulations embodies the following four features: first, a long period of careful preparation; second, adherence to the open door of legislation and democratic legislation; third, a wide range of public opinion and a wide collection of people's wisdom; and fourth, the people's congresses at all levels, the government and relevant departments of the strong support.

Note: the state on January 1, 2008 officially promulgated the implementation of the "Urban and Rural Planning Law", "Urban and Rural Planning Law" is summarized in the "Urban Planning Law" and "village and town planning and construction management regulations" to implement the basis and the basis of China's experience in urban and rural planning work introduced on the basis of a new law.

The Urban and Rural Planning Law carries out and reflects the requirements of the scientific concept of development, and solves some of the outstanding problems existing in the current urban and rural planning work, and already has a high degree of scientific, how do you recognize the Urban and Rural Planning Law when drafting the Regulations, and what are the factors that you have taken into consideration?

Li: you ask this question is very good, as you mentioned, "Urban and Rural Planning Law" is indeed a new law, but also a good law; however, "Urban and Rural Planning Law" is standing in the national level of the formulation of a law, due to the high level of the legal status of the level of the national urban and rural planning work, targeting and regulating, the content can only be made in principle and requirements, it is not possible to will be Its provisions are very detailed, very specific, and we are to use the law to regulate and guide the actual work, therefore, from a practical point of view, we feel that there is a need to deepen and refine the Town and Country Planning Law, in order to enhance its operability. At the same time, the provincial party committee, the provincial government of our province's economic and social development and characteristics of urbanization work has also put forward a new strategy and requirements, we need to implement in the Regulations, in order to promote the province's economic and social development in a comprehensive, coordinated and sustainable development. In addition, we Shanxi also has our own characteristics, the province's urban and rural planning work, there are some outstanding problems, also need to be resolved through the development of the Regulations.

Based on the above considerations, we drafted the Regulations with the following three factors in mind: first, to reflect the characteristics of our province; second, to carefully analyze and study the work of urban and rural planning in our province in the end what are the outstanding problems; third, to deepen and refine the Urban and Rural Planning Law, to enhance the operability of the Regulations.

Note: Listening to you, I understand, you are drafting the Regulations, after careful study and consideration, next, please give us a detailed explanation of the main features of the Regulations.

Li: In accordance with the above considerations, the Regulations, on the basis of following the principles of the Urban and Rural Planning Law, and in accordance with the scientific concept of development and the requirements of the three developments in our province, focuses on urban and rural integration, coordinated development and people-oriented, and highlights the attributes of urban and rural planning of the public *** policy; for the work of urban and rural planning in our province, urban and rural planning work lagging behind in the preparation of urban and rural planning work, arbitrary changes in planning and illegal construction behavior For the province's urban and rural planning work lagging behind, arbitrary changes in planning and illegal construction, planning implementation and supervision and inspection mechanism is not perfect, focusing on urban and rural planning preparation, implementation, modification and supervision and inspection, etc., strengthened, the Urban and Rural Planning Law has been refined to enhance the operability of the Regulations.

The characteristics of the Regulations will be summarized in the following seven aspects.

One is to reflect the characteristics of Shanxi. Our province is a large province of coal resources, but also a large province of historical and cultural resources. Long-term large-scale development and utilization of coal and other resources, the formation of a large number of industrial and mining towns, industrial single, town function is not perfect, poor living environment and ecological environment, as well as the radiation drive capacity is not strong and other issues, affecting and restricting the sustainable and healthy development of the province; the protection of historical and cultural heritage, although in recent years has been strengthened, but due to insufficient awareness of the protection of the protection of the protection of the investment is not enough, the damage is serious, the historical and cultural heritage protection work needs to be strengthened. Although the protection of historical and cultural heritage has been strengthened in recent years, due to insufficient awareness of protection and insufficient investment in protection, it has been seriously damaged and destroyed, and the protection of historical and cultural heritage is in urgent need of strengthening. In response to these outstanding problems, the Regulations put forward guiding requirements for the development and construction of industrial and mining towns; they emphasize and strengthen the protection of historical and cultural heritage. Such as the "Regulations" made by the provincial people's government shall publish provincial historical and cultural cities, towns, villages, neighborhoods, protected areas; city and county people's government shall publish municipal and county-level historical and cultural reserves, historical buildings and other provisions.

The second is to improve the urban and rural planning system. In accordance with the principle of urban and rural areas, regional coordination and the promotion of integrated urban and rural development requirements, the Regulations determine the development of separate municipal and county township system planning; at the same time, clarify the status of the planning of densely populated areas of towns and cities; standardize the preparation of special planning and approval behavior, forming a more complete urban and rural planning system consisting of township system planning, urban planning, township planning, township planning, village planning and special planning. In addition, in order to adapt to the industrial structure and spatial structure of the city, the city government has organized a number of special plans. In addition, in order to meet the requirements of the adjustment of industrial structure and spatial layout, the independent industrial land that may be arranged outside the center of the city is also included in the urban and rural planning.

Thirdly, the implementation of planning has been strengthened. For the town master plan and implementation of the disconnect and construction of disorder and other issues, the Regulations strengthened the near-term construction planning, the establishment of urban planning annual implementation plan system.

In the management of planning implementation, the Regulations improve and strengthen the management of the relevant links on the basis of the Urban and Rural Planning Law. Such as the "Regulations" to make the construction of the project in stages, the construction unit shall organize the preparation of the project as a whole, detailed construction planning, put forward the construction plan in stages, to the municipal and county people's governments in charge of urban and rural planning, or the provincial people's government determined by the people's government of the town of the phased application for the construction project planning permit. The same construction period shall include corresponding supporting facilities and green areas. Before the commencement of the construction project, the construction unit or individual shall apply to the department in charge of urban and rural planning of the municipal or county people's government or the town people's government as determined by the provincial people's government for the release of the line; and apply for the inspection of the line before the construction of the foundation project or the concealed project. Experience line qualified, before the foundation works or concealed engineering construction and other provisions.

Fourth, enhanced operability. The Town and Country Planning Law on the mandatory content of the town master plan and planning conditions made in principle, the town system planning and control of the mandatory content of detailed planning is not provided. On the basis of the Urban and Rural Planning Law, the Regulations have enriched and refined the mandatory contents of the urban master plan proposed in the Urban and Rural Planning Law; at the same time, they have clarified the mandatory contents of the urban system plan and the detailed controlling plan. For example, the Ordinance proposes that the land use, building height, building density, plot ratio, green space rate and other indexes of the planning plot shall be stipulated, and the indexes and layouts of the supporting construction of infrastructure, public ****service facilities and disaster prevention and mitigation facilities shall be taken as the mandatory contents of the detailed control planning. Planning land with historical and cultural heritage, its detailed control planning should also include historical and cultural heritage protection of construction control indicators and regulations, as well as the boundaries of the protection zone and other provisions .

In order to meet the needs of the rapid development of the town, the "Regulations" will be modified into the town master plan and control of the detailed planning of the revision, adjustment and improvement of the three situations, and separately provided for the approval of different procedures; at the same time, the three situations were explained to enhance the town master plan and control of the detailed planning modification of the operability.

Fifth, the formation of the whole process of the project management system. Construction project management links, involving a number of departments and units of responsibility. In order to strengthen the planning and management of construction projects, to ensure the implementation of planning, effective prevention and containment of illegal construction, the "Regulations" on the construction of various aspects of the management of the project and the relevant departments and units to regulate the behavior. For example, the Regulations make the urban and rural planning units should be prepared in accordance with the planning conditions for the preparation of detailed construction planning. Engineering design units shall prepare construction project design and construction drawings in accordance with the planning conditions; without obtaining the certificate of approval of the construction project completion planning, shall not organize the completion of acceptance, housing ownership registration authority shall not apply for the registration of ownership; urban and rural planning departments in charge of illegal construction to make the decision to order the cessation of construction, the construction unit and the construction unit shall stop the construction; refused to stop the construction of the competent departments of urban and rural planning shall notify the water supply and power supply unit in writing to stop the construction site water supply, power supply, water supply and power supply unit after receiving the notice, shall take appropriate measures in a timely manner in accordance with the law and other provisions.

Sixth, the establishment of a comprehensive supervision system. In order to strengthen the government at all levels and its urban and rural planning departments to prepare, implement, modify the supervision of urban and rural planning work, urban and rural planning work to protect the law, "Regulations" in the "Urban and Rural Planning Law" on the basis of the National People's Congress, the higher government and its competent departments and the community on the supervision of urban and rural planning work, the formation of a comprehensive supervision system of urban and rural planning. For example, the Regulations make it a requirement that the annual government work reports of the people's governments at all levels shall contain information on the preparation and implementation of urban and rural planning. People's governments at all levels shall report on the implementation of urban and rural planning to the standing committee of the people's congress at their level, or to the people's congresses of towns and townships, and to the planning approval authorities, and shall be subject to supervision; the people's governments of the provinces and municipalities in the districts shall establish a system of urban and rural planning inspectors to supervise and inspect the preparation, approval, implementation and modification of urban and rural planning. The approving authorities of urban and township system planning and city and township master plans shall regularly evaluate the implementation of the plans and carry out dynamic monitoring; the competent departments of urban and township planning of municipal and county people's governments or the township people's governments determined by the provincial people's governments shall, before making a decision on planning permits directly relating to the interests of other people, publicize the matters to be permitted and their contents in conspicuous positions at the location of the project; and, if necessary, take the form of hearings and other forms to listen to the views of interested parties. Permit decision shall be made to the community; construction project before the release of the construction unit or individual shall be set up at the construction site in a conspicuous location of the public notice board, open construction project planning permission content and other provisions.

Seven is characterized by other aspects. 1. established the planning commission system. Article 4 of the Regulations stipulates that people's governments at all levels shall establish urban and rural planning committees consisting of heads of people's governments and their relevant departments, experts and public representatives to study major matters of urban and rural planning and implementation, and provide a basis for decision-making.2. Guiding provisions for the development of new areas of towns and cities, and reconstruction of the old areas. Article 24 (2) and (3) of the Regulations stipulate that the land-use intensity indexes in the development and construction of new urban areas shall conform to the relevant national and provincial standards and technical specifications. Reconstruction of old urban areas, should be reasonable to determine the scale of demolition and construction, the effective use of existing buildings, pay attention to the protection of historical and cultural heritage and traditional features, and planned for the concentration of dilapidated buildings, infrastructure backwardness of the lot for the reconstruction. 3. regulate the conditions of the permit. Article 29 of the Regulations stipulates that: construction units or individuals applying for planning permission shall submit relevant materials in accordance with the provisions of these Regulations. Laws and regulations do not provide, shall not be used as a precondition for planning approval.