Changsha City, Urban Planning And Management Approaches

Original Language Title: 长沙市城市规划管理办法

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(July 14, 2003, Changsha city people's Government announced, 85th) Chapter I General provisions article in order to strengthen urban planning and management, scientific and rational development of urban planning, guarantee the implementation of urban planning under the People's Republic of China urban planning law and the implementation measures for the urban planning law, Hunan province, based on actual city, these measures are formulated.
    Article in the formulation and implementation of urban planning in the administrative area of the city, you must comply with these measures.
    Article City urban planning Committee is responsible for urban planning, decision-making on important matters, review of city planning programme, monitor the implementation of urban planning.
    City Planning Commission set up an expert advisory body, the expert appointed by the municipal people's Government. Fourth city, County (City) Government planning within the administrative authorities responsible for the administration of urban planning and management.
    Its main duties is: (a) specific organization prepared and implementation city general planning, organization prepared partition planning, and detailed planning, approval permission range within of detailed planning; (ii) issued permission range within of construction project location submissions, issued construction with to planning license and construction engineering planning license; (three) is responsible for city planning design, and city survey of management work; (four) publicity about city planning of legal, and regulations and regulations; (five) investigation or assist investigation violation city planning legal, and regulations and regulations of behavior.
    Planning Agency permission pursuant to the provisions of the administrative authorities responsible for accomplishment or urban planning and management within a designated area. Changsha, wangcheng County have been included within the administrative area of Changsha city planning regional planning and management in the area, the Department of City Planning Administration Management Executive or delegated County Planning Department.
    Implement delegated administration, important plans shall be subject to review by the Administrative Department of city planning.
    The fifth County (City) Government should strengthen the leadership of urban planning, periodic inspection of plan preparation and implementation.
    Directly under the relevant administrative departments, district people's Government should co-ordinate with the departments of city planning administration of city planning and management.
    Counties (cities), the relevant administrative departments of the people's Governments, neighborhood offices, Township (town) people's Government shall assist the competent administrative Department of planning work on the area of town planning management.
    Sixth administrative departments of people's Governments at various levels and planning should widely publicize urban planning and will be announced to the public on a regular basis on the implementation of urban planning, and accept supervision by the community.
    No units and individuals have the obligation to comply with urban planning, and the right to impeach and accuse any acts in violation of city planning.
    Chapter II urban planning preparation and approval of the seventh article of the municipal urban planning into the overall planning, zoning plan, detailed planning.
    Article eighth of urban planning, we must adhere to democratic decision-making and public decision making and design bidding system, expert reviews, program public announcement system.
    Nineth article prepared city planning should followed following principles: (a) from actual starting, science forecast city development of need, makes city development scale, and construction standard with social economic development level phase adapted; (ii) favourable production, and convenient life, and promote circulation, and prosperity economic, and promote science and technology education career of development; (three) protection and improved city ecological environment, prevent pollution and other pollution-, strengthening City Green and city sanitation construction, protection history culture heritage, and city traditional style and natural landscape;
    (D) coordination with the overall land-use planning, rational distribution of land resources, land conservation, rational development and utilization of underground space (v) urban flood control and drainage, seismic, fire protection, transportation, civil air defense construction requirements.
    Tenth Article city planning by following provides grading prepared: (a) Changsha general planning by city government organization prepared; (ii) Changsha partition planning by city planning administrative competent sector organization prepared; control sex detailed planning by city planning administrative competent sector or District Government Organization prepared; built sex detailed planning by units by city planning administrative competent sector proposed of design requirements, delegate has corresponding design qualification of units prepared;
    (C) the County (City) where the people's Governments of town master plan by the County (City) Government prepared detailed plans by County (City) competent administrative Department of planning organizations and (iv) other town master plan and detailed plan formulated by the town government.
    Urban planning administrative departments should organize or require professional sectors in the overall urban planning principles prepared under the guidance of professional planning.
    In all stages of the preparation of urban planning, urban design methods should be used, to make unified planning of urban space environment, important areas of the city should be singled out for urban design.
    11th city planning classification approval according to the following provisions: (a) the master plan of Changsha after approval by the provincial people's Government, submitted to the State Council for approval; located at the county level city master plan submitted to the provincial people's Government for approval. (B) the partition plan, county seat town and have been incorporated into the town of Changsha city planning area master plan by the Changsha Municipal People's Government for approval.
    Other towns of the master plan by the County (City) Government approval and submitted to the city planning administrative departments of the people's Government for the record.
    (C) detailed planning by the city and County (City) approval of Governments; preparation of the district plan, in addition to important detailed planning by the city and County (City) approval of Governments, but by the city and County (City) competent administrative Department of planning approval.
    Before master plan submitted to the higher level people's Government for approval, subject to the same level people's Congress or its Standing Committee for examination and approval.
    Not with professional planning in accordance with the regulations of the master plan approval procedures for approval. Urban design in the planning stages, together with planning for approval.
    Individually prepared for key areas of urban design, city and County (City) plan after review by the Administrative Department at the people's Government for approval. 12th city, County (City) people's Government according to the city's economic and social development, local adjustments to the master plan, submitted to the Standing Committee of the national people's Congress at the same level and the original approval organ for the record.
    Involves the following major changes, it shall be subject to the same level people's Congress or its Standing Committee for examination and approval after approval of the original authority: (a) change the nature and direction of development of the city, (ii) major changes in population size of urban master plan and planning area, (iii) to adjust the overall partition or change the Ribbon property; (d) change of important urban infrastructure facilities and road layout.
    Urban zoning plan and the detailed planning of the change shall be submitted to the original examination and approval authority for approval. 13th overall urban planning approval, published by the municipal people's Government. Other town planning published by the approval authority.
    Urban planning, the approval must be strictly implemented, without any change in legal procedures, any unit or individual is allowed to.
    14th chapter of construction land planning management construction project siting and layout must be in accordance with the urban planning, design specification (feasibility report) submitted for approval must be accompanied by the Administrative Department of planning when the selection report.
    15th of municipal or County (City), district people's Government plans administrative departments and departments of the Central Government, small company for approval and under construction projects, by the city and County (City) issued by the Administrative Department for planning under selection report.
    Provincial planning administrative departments and over sized and limits of national approval of construction projects by local city and County (City) Administrative Department of planning under review, submitted to the provincial people's Government issued by the competent administrative Department of planning selection report. 16th construction units to the city and County (City) planning administrative departments to apply for project site submissions should be submitted to the site application, project approval documents and other necessary information.
    Planning administrative departments review meets the planning requirements should be accepted within 10th of construction project site submissions, the validity period of 6 months; not in line with town planning project site submissions to issue request, shall respond in writing and state the reasons.
    17th urban planning areas in the land used for construction, must be submitted to the municipal or County (City) planning administrative departments to apply for a planning permit for construction. 18th construction units or individuals to apply for the planning permit for construction (copy) shall submit construction project application report and related documents, drawings and other information.
    Individual application of rural construction land, also subject to the approval of the land where villagers ' committees, neighborhood offices or the township (town) people's Government, the Government's consent. Planning administrative competent sector approved construction with to planning control range, issued construction with to points (Sentinel) notification single Hou, units or personal should in points (Sentinel) notification single validity within submitted planning design file and the drawings, by review meet requirements of, planning administrative competent sector should in accepted of day up 31st within issued construction with to planning license (copy), its validity for 6 months.
    Not be issued and shall reply in writing and state the reasons.
    Detailed construction plans and the total planning figure of failing to build within two years after approval, approval of construction detailed planning and general plan shall automatically cease.
    19th construction units or individuals with red line graph should be applied to the Administrative Department of planning new construction land use planning permits (original), with planning permit for construction (original) before they can apply for land-use permits. The 20th State-owned land, the contract of assignment must be attached with the planning of Administrative Department in charge of planning and design and drawings.
    Without approval of the Administrative Department of planning, the transferor and the transferee shall not alter the planning design and drawing.
    Transferee to state-owned land, transfer contract planning permit for construction (original), the party can apply for land use permits.
    21st urban planning roads, green belts and other public land for construction projects, public land units shall in accordance with the planned levy.
    22nd of municipal or County (City) Government can be adjusted according to urban planning and urban land-use decisions, any units and individuals must comply.
    23rd no units and individuals must be determined according to the Administrative Department of planning of land use and extent of use of land, absolutely necessary to change the nature or use of the land, shall be approved by the Administrative Department of planning and the relevant departments.
    24th city plans for landscaping, infrastructure, public facilities and primary and secondary school premises, no unit or individual may seize and unauthorized change of use; cultural relics, ancient trees and scenic reserves, roads, railways, ports, airports and other control, in accordance with the relevant provisions. 25th strictly control the construction of temporary use. Temporary construction land is generally not more than two years, extension of special circumstances so require, shall be to the original authorities for extension of approval procedures.
    Temporary construction land use expiry or nation-building need, unconditional clearance to make way.
    In urban planning in the 26th engaged in digging sand, earth-moving and other activities subject to approval by the relevant authorities, may destroy the urban environment and urban planning implementation.
    Fourth chapter 27th on construction planning in urban planning area within the construction, expansion, renovation of buildings, structures and roads, pipelines, as well as exterior decoration, and set city comedy, must apply to the competent administrative Department of planning and the construction project planning permit. 28th construction units or individuals to apply for construction project planning permit (copy), shall submit an application for reports and other necessary information. Individual residential construction also required the consent of neighbourhood or village Committee, subdistrict office or of township (town) people's Government and to seek the views of the adjacent homeowners.
    Neighboring homeowners without any justified reason, refuses to agree, without prejudice to the Administrative Department of planning of the individual residential construction applications acceptance and approval.
    Administrative Department of planning after the acceptance of the application, and should be checked according to the procedure detailed construction plan or proposed plan design conditions (planning and design criteria are valid for 6 months), review of building design or construction units or individuals (public works) construction plans, proposed implementation requirements, construction project planning permit (copy).
    Planning administrative authority has been the validation of constructional detailed planning of architectural construction project planning permit (copy) the total time for the 28th, handled without the validation of constructional detailed planning of architectural planning permit of construction engineering with a total time of 42 days, apply for municipal construction project planning permit the overall time for the 20th. 29th construction units or individuals shall comply with the requirements of building capacity control indexes of design and construction. Really necessary due to special circumstances beyond building capacity control indicator design, shall be reported to the competent administrative Department of planning approval.
    Specific measures shall be formulated separately.
    Units or individuals shall be in accordance with the provisions of building green space, parking (garage), and unified design and construction engineering, construction, and delivery. 30th designed units must according to the plan proposed by the Administrative Department of planning and design criteria (points) design and engineering quality.
    No validation of constructional detailed planning or no planning and design criteria (points), design units shall not undertake the design tasks, relevant departments shall not entertain review design documents. Construction units and personnel must be in strict accordance with construction project planning permit (copy) requirements and approved drawings.
    Lack of construction project planning permit (copy), not construction.
    Article 31st of construction project planning permit (copy), construction Administrative Department shall not apply for construction permits, housing property Administrative Department shall not for pre-sale permit; no planning permit of construction engineering (original), the property Administrative Department may handle House registration procedures; business premises to the illegal construction of housing, industrial and commercial administrative departments shall not apply for a business license.
    The 32nd construction site, construction project planning permit publication must be set up, accept the inspection and supervision. 33rd General construction to plus or minus zero, large or important construction projects when completed earthworks, construction units or individuals should be reported to the competent administrative Department of planning to reinspect the building location.
    Re-inspection after passing before continuing construction.
    34th after the completion of construction projects, should be applied for acceptance of Administrative Department of planning planning and acceptance of materials for construction project planning permit (original).
    Final survey of municipal pipeline engineering in soil should be carried out before, units and individual survey response for construction project planning permit (s).
    Inspections of residential area, industrial zone, supporting completion of requirements engineering is not synchronized, no acceptance of planning.
    In addition to individual residential construction, acceptance of construction project planning, should be required to submit complete information of urban construction archives.
    35th article construction planning acceptance must meet following conditions: (a) meet construction engineering planning license (copy) and the by approved of drawings; (ii) has construction location complex inspection qualified information; (three) for construction need built of temporary buildings, and structures and by planning requirements should demolition of buildings, and structures has demolition; (four) supporting engineering has by planning requirements built; (five) about functions sector acceptance qualified.
    Article 36th units or individuals change the planning permit of construction engineering building look and nature of the content, must be reported to the competent administrative Department of planning and approval of the related functions, and shall not be changed without approval. The 37th new construction, expansion and renovation of urban roads, bridges, tunnels and pipelines integrated, synchronous design and laying of pipelines, weak pipelines laying in one ditch.
    In places where conditions permit, planning construction ditch.
    Open roads in the urban road (exit) or municipal pipeline interfaces, frame (compress) temporary pipelines, set up a temporary crossing and construction of channels, planning and administrative departments are also required to apply for registration procedures.
    Article 38th in the primary and secondary roads within the second ring road and other important sites, no new overhead lines.
    39th in the context of construction land in urban planning, detailed planning of residential areas have been developed, by planning for the individual residential construction procedures; formulation of detailed planning of residential areas and planning administrative departments may handle personal residences of the new procedures was identified as dangerous, can approve the site, area of origin, the original height alteration, without changing the nature of.
    Construction land in urban planning areas, has developed detailed planning, planning for the individual residential construction procedures; formulation of detailed planning, individual residential standard control for not more than 20 square meters per capita gross basement area, and Number of floors does not exceed two storeys.
    40th of urban residents in the rural collective land residential or housing on the inheritance of collective land in the countryside, were identified as dangerous and villagers ' committees and township (town) people's Government, can approve the site, area of origin, the original height alteration.
    41st one rural household can own a House.
    Transfer, rental housing and the residential housing area has reached the standard of villagers may not apply for individual housing construction.
    Individual residential construction may apply for construction of rural conditions and to declare construction according to the regulations on land administration and the number of counties (cities), the regulations of the regional people's Government. 42nd planning administrative departments should strictly control the construction of the temporary approval.
    No other unit or Department may approve temporary construction works. 43rd temporary construction works shall not be more than two levels (except for prefabricated temporary shed). A period not exceeding 2 years, construction or removal of individuals must be used after the expiry in the 30th. Needed extension of use, should be used prior to the expiration of 30th extension applications made to the competent administrative Department of planning.
    Removal of expired does not and did not go through formalities for extension, by illegal construction works. 44th article has following case one of of, shall not approved construction temporary construction engineering: (a) occupied City Road red range within of land and effect recently planning implementation of; (ii) effect city road traffic of; (three) in recently will by planning construction or has by planning built of regional or lots; (four) occupation City Green, and square, and public parking (library), and heritage protection range or other public activities site of; (five) occupation city high pressure power communications corridor, and
    Laying of underground pipeline or the recent line; (vi) urban landscape, public safety or public interest.
    Fifth chapter legal liability article 45th does not obtain planning permit for construction (copies of) access to land red line graph, land red-line invalid, occupied by the people's Governments above the county level shall order return; lack of planning permit for construction (original) acquire land-use permits, land use permit is invalid, resulting in losses borne by the responsible entity or individual.
    Planning permit of construction land had been made (including copies) but without changing the approved scope or the nature of the land, by the Administrative Department of planning a rectification; refuses, law enforcement corrections.
    46th in violation of the provisions of article 29th of this approach, does not meet the approval requirements of the Administrative Department of planning green space area, by the Administrative Department of planning be ordered to stop construction, and rectify, refuses, law enforcement corrections; cannot be corrected, ordered to take other remedial measures, specific measures shall be prescribed separately.
    Violation of the provisions of article 29th of this approach, does not meet the approval requirements of the Administrative Department of planning parking lots (garages) area, and by the Administrative Department of planning be ordered to stop construction, and rectify, refuses, law enforcement corrections; cannot correct it, order the off-site construction. 47th in violation of provisions of the present article 33rd, unplanned construction Administrative Department for re-inspection and obtained certificates to continue construction, shall be ordered to stop construction. Re-inspection after passing before continuing construction.
    Failed to pass the re-inspection and order them to correct.
    48th in violation of provisions of the present article 36th, altering the look and character of the building, in accordance with the provisions of the town, Changsha construction approach.
    49th in violation of the provisions of article 37th, without authorization in the municipal road opened on the road in (to) or municipal pipeline interfaces, frame (compress) temporary pipelines to create temporary crossing and construction of channels, effects of urban planning, a rectification; do not affect urban planning, ordered to go through the formalities. 50th rural individuals without construction project planning permit (copy) or violations of construction project planning permit (copy) building, by the Administrative Department of planning or comprehensive urban management enforcement authorities or collaboration with the land and resources administrative departments.
    Specific measures shall be prescribed separately. 51st design in violation of constructional detailed planning or design conditions (point) design, by the Administrative Department of planning a rectification.
    It fails to mend, and planning administrative departments be warned and may recommend to the authority that issued the certificate of design unit of administrative punishment.
    52nd construction units to undertake no planning permit of construction engineering (copies) of construction or violations of construction project planning permit of construction engineering (copies) of the construction, by the Administrative Department of planning or in conjunction with the construction Administrative Department shall be ordered to stop construction, and to recommend to the authority that issued the certificate of construction enterprise to make administrative punishment.
    53rd article where the illegal approval of the construction project, its certificate of approval are invalid, and compensation for losses caused by the approval authority according to law, and competent leadership responsibilities and accountability. Construction administration, property management, industry and commerce administration departments in violation of the provisions of article 31st licenses or procedure is not valid.
    Losses caused by, paid for by the approval authority according to law, and competent leadership responsibilities and accountability.
    54th party refuses to accept the decision on administrative penalty, may apply for administrative reconsideration or bring a lawsuit. 55th city planning approval accountability responsibility and fault management.
    City planning administrative competent sector of staff has following case one of of, by its where units or superior organ give administrative sanctions; constitute crime of, law held criminal: (a) for fault caused approval behavior obviously improper of; (ii) deliberately delay, not timely handle approval matters of; (three) supervision management poor, caused serious consequences of; (four) beyond terms or abuse of; (five) negligence, engages in of.
    56th interfere with programme managers to perform their duties, by the public security organs in accordance with the People's Republic of China public security management punishment regulation punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 57th located town and industrial and mining areas, farms, farm towns and settlements, in accordance with the measures implemented. The 58th individual residential construction in these measures refers to individuals and families in urban planning and construction of detached houses in the area.
    Personal small integrated house-building in the light of the measures.
    59th temporary construction works in these measures, means approved by the competent administrative Department of planning and within the time provided in the use of buildings, structures or other facilities.
    60th present measures on handling requirement, calculated according to the official working days, excluding holidays and runs outside of the Administrative Department of planning time.
        61st these measures shall come into force on August 15, 2003.

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