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Interim Measures For Urban Planning And Management In Anhui Province

Original Language Title: 安徽省城市规划管理暂行办法

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(The 30th ordinary meeting of the People's Government of Ankara, 29 December 2005, considered the adoption of Decree No. 189 of 19 January 2006 of the People's Government Order No. 189, which came into force on 1 March 2006)

Chapter I General
Article 1 regulates the management of urban planning in order to increase the level of urban planning, in accordance with the People's Republic of China Urban Planning Act and the relevant laws, regulations and regulations, and develops this approach in conjunction with the current province.
Article II applies to urban planning activities within the province's administration.
This approach refers to urban planning management, which refers to the preparation, approval, implementation and supervision of urban planning.
Article 3. Urban planning should be guided by a scientific development perspective and be governed by the principles of urban construction and development.
Article 4
The urban planning administrative authorities of the city, district and local governments are responsible for the management of urban planning within the current administration.
Other relevant administrative authorities of the local people's governments at the district level should be guided by their respective responsibilities in the management of urban planning.
Article 5
The Urban Planning Commission consists of the Government of the people at this level and its relevant administrative authorities, experts and public representatives.
Article 6
Article 7. The local people's governments and their urban planning authorities should establish a sound urban planning management system to promote the public, fair and efficient management of urban planning.
Article 8
The urban planning administrative authorities of the city, district and local governments should report on urban planning management annually to the top-level urban planning authorities.
Chapter II
Article 9. Urban planning is based on the following provisions:
(i) The planning of the provincial urban system is demeaned by the Government of the Provincial People and the planning of the urban system in the municipalities across the area is organized by the Provincial Government to build administrative authorities;
(ii) Planning, overall planning, recent construction planning, organized by the Government of the city, with a detailed planning, control planning, organized by the urban planning authorities of the Government of the city;
(iii) The planning of the regional urban system in the district, the overall planning of the town of the city of the district government, the recent construction planning, organized by the people's Government of the counties, and the detailed planning of control is organized by the city planning administration authorities of the county.
Article 10. Urban planning should be developed in accordance with the planning principles set forth in the relevant laws, regulations, regulations, consistent with national standards and technical norms and the use of advanced planning methods and technical means.
Article 11. The local people's governments and their urban planning authorities should assume urban planning tasks through, inter alia, tenders, multi-programme comparisons.
The draft urban planning prepared by the Urban Planning Unit should be signed by the registered urban planners of the unit and accompanied by public opinions, expert evaluation observations, which may be submitted in accordance with the statutory procedures.
Article 12. Planning for urban systems and urban overall planning should be tailored to the requirements for the planning of the upper-level urban system.
The preparation of recent construction planning, urban subsector planning should be in line with the requirements of the location's urban system planning and urban overall planning.
The development of detailed control planning should be in line with the overall planning requirements of the host city, recent construction planning, subsector planning.
Urban planning should be developed in accordance with the relevant provisions of the State.
Urban planning should be developed to delineate the range of protection lines such as urban water systems, greenlands, historical cultural neighbourhoods, historical buildings and property protection units.
Following the completion of the draft Town System Planning and the preparation of the draft urban master plan, the executive authorities of the Government of the People's Government in urban planning should openly seek public advice on the draft plan and report on the expert evaluation of the executive authorities responsible for approval.
Following the completion of the draft construction planning, the draft urban subsector planning and the preparation of the draft controlled detailed planning, the urban and district government urban planning administration authorities should seek public advice on the draft plan openly and report on the expert evaluation of the urban planning administrative authorities at the top-level people's Government.
Recent planning periods should be consistent with the length of national economic and social development planning.
No unit or individual shall be allowed to adjust the approved urban planning. There should be a need for adjustments, which should be followed by a summary of the implementation of the original urban planning, an argument of the need for adjustments, and a thematic report that could be prepared by the Government of the people at the top level.
Adjustments to the mandatory elements of urban planning should be reconsidered in accordance with the statutory procedures. Adjustments to the non-mandatory elements of urban planning should be made to the post-administered urban planning for pre-approved approval authorities.
Chapter III Approval of urban planning
Article 16 states that the Government of the province should submit a draft plan for the planning of the provincial system of towns, which is submitted to the State Department for approval.
The Government of the Provincial People's Government should establish administrative authorities to plan the urban system of the municipalities across the districts to be approved by the Government.
Article 17 The Government of the urban population should include the draft urban system planning, the draft urban master plan, the General Assembly of the People's Representatives of the House or its Standing Committee review of the agreement, the approval of the Government of the province, which is subject to approval by the State of State by law, and the approval of the Department of State by the Provincial People's Government.
The Provincial Government's executive authorities should submit draft urban planning and related materials for approval or review by the Provincial People's Government, to the members of the Provincial Urban Planning Committee for their comments in a timely manner, and to draw the Government of the province to organize a review of the draft plan.
Article 18 Governments of the veterans of the zones should review the draft urban master plan for the district-based system of urban systems, the draft urban master plan for the town of the town of the commune of the county's government, the General Assembly of the People's Representatives or its Standing Committee, the approval of the municipal government of the districts and the preparation of the Provincial People's Government's administrative authorities.
The urban Government's urban planning authorities in the districts should report on the draft planning and related materials approved by the Government of the Bench people, provide advice to the members of the Committee for the Planning of the current city and draw the attention of the Government to organize a review of the draft plan.
The following materials should be attached to the draft Town System Planning and the draft Urban Master Plan of the City, the People's Government.
(i) Public advice, the adoption of expert evaluation observations and the description;
(ii) Review of the views of the Committee on Urban Planning at this level;
(iii) Review of views by the People's Congress or its Standing Committee.
Article 20
Article 21, the urban planning authorities of the city, the commune government, should include the draft urban subsector planning, the draft control detailed planning, the approval of the current people's government, and the review of the city planning committee and expert evaluation opinions, the adoption of public observations and clarifications.
Following the approval by the Government of the people at the current level, the Government of the People's Government for Urban Planning was reported on the approval of the overall urban planning authorities.
Article 2: The urban planning administrative authorities of the city, the people of the district, shall inform the society of the contents of urban planning within 15 days of the date of the approval of urban planning, with the exception of legislation, regulations that are not open.
Urban planning, which is required by law, should be submitted back-to-back by the statutory body on 7 days from the date of ratification.
Article 23 establishes more than provincial development areas under the law or alters the scope of their planning should be accompanied by the Urban Planning Review of the Provincial People's Government to build administrative authorities.
Adjustments to the scope of protection of historic cultural neighbourhoods and historical buildings should be made to the Governments of municipalities, districts and counties to submit thematic reports, which are approved by the Government. Adjustments to the scope of the protection of historical cultural neighbourhoods in the State's historic city should be made to the approval of the State Department's administrative authorities. In relation to the protection units of the material, implementation is carried out in accordance with the relevant laws, regulations.
Chapter IV Implementation of urban planning
Article 24 Construction works in urban planning areas shall be obtained by law by means of a book of the nuclear launches of the construction of construction works by the urban planning administration authorities of the local population over the district level, the construction of a land-use planning licence, construction of engineering planning licences, and construction of a licence in accordance with the licence.
Article 25
The heads of urban planning administrative authorities at the district level and the principal heads of institutions responsible for urban planning administrative authorizations should be eligible to register urban planners; other staff responsible for urban planning administrative licences reviews should have administrative qualifications and job performance conditions established by the State and the province.
Article 26 Selected sites and offices of construction works within the framework of historical cultural streets and historical construction protection should be organized by the host city, the municipality of the People's Government's urban planning authorities to organize expert arguments, to seek public advice and to inform the Government of the province of the establishment of the executive authority, the party may make a nuclear-selected site; the reference to the protection unit of the material should be implemented in accordance with the relevant laws, regulations.
Planning clearances for various construction works in the context of the protection of historical cultural neighbourhoods have been put in place. Planning for construction works in the context of the protection of historical cultural neighbourhoods in the province is presented to the Provincial Government for the preparation of the administrative authorities for the construction of the Ministry of the Interior, the planning of construction projects within the protection of historical cultural neighbourhoods in the town of the State's history, and the construction of administrative authorities in the Department of State.
Article 27 of the local government of urban planning authorities at the district level shall apply administrative permission for urban planning, shall be communicated to the community and shall be consulted in such a way as to the public opinion.
The construction units should set up a demonstration on the construction of engineering sites to make public the content of the urban planning administrative licence.
Article 28 provides for an effective period of one year for the construction of a title. There is a need for extension, which shall apply to the former administrative licensor for a term not exceeding six months before the expiration of one month.
The construction of a land-based planning licence, the construction of a construction project planning licence is valid for one year. In the absence of the clearance process or the absence of the commencement of the operation, the former administrative licensor should re-applicate the application of a nuclear-powered planning licence or construction of a engineering planning licence.
Article 29 should be based on recent construction planning, the development of the annual plan for urban construction and the annual plan for urban land reserves, and the organization of major urban engineering construction and city-owned land concessions schemes.
Article 33, approval of construction projects by the local people's government for development reform, approval of construction projects, and review of the construction projects for the presentation, shall be based on a proposal for a nuclear-professional construction project by the local people's urban planning authorities, at the district level.
Construction in urban planning areas does not obtain a licence for the construction of land-use planning, and the Land Resources Administration shall not provide land; no construction engineering planning permit is granted and the construction of administrative authorities shall not be granted a nuclear construction licence.
Article 31 states that the authorities of the Land Resources Administration of the Government of the communes shall make the design conditions and accompanying maps of the urban planning authorities based on detailed urban control planning, as one of the conditions for national ownership of land use in urban planning areas.
The right to national land use is obtained through solicitation, auctions, walls and concessions, and the licensee should have the right to national land use to give the contract to the city of the location, the territorial Government's urban planning authorities to apply for a nuclear-use planning licence. In violation of planning design conditions and accompanying maps, the Urban Planning Administration does not have a nuclear-powered planning licence and informs the authorities of the Land Resources Administration to rectify them.
Oversight inspection
Article 32, the commune government of the provinces and districts should establish a system of urban planning inspectors and dispatch urban planning inspectors to the next level of the people's government.
Urban planning inspectors are chosen by the Government of the people from among the professionals of the urban planning management and development units.
Article 33 Investigator of Urban Planning conducts a focus on urban planning management:
(i) Urban planning, approval and implementation;
(ii) Focusing on the selection of construction projects;
(iii) Protection of historical cultural creativity, historical cultural neighbourhoods, historical buildings, property protection units and poles;
(iv) The public reflects strong other issues related to urban planning management.
Urban planning inspectors should conduct inspections on the matters set out above, in accordance with laws, regulations and regulations, and approved urban planning, promptly detect and put an end to urban planning violations and report to the Government's urban planning administrative authorities on a regular basis on the status of inspection.
Article 34, Urban Planning Inspectorate found that urban planning violations should be conducted in a timely manner to advise the local people's Government and its urban planning authorities, and to report to the Government's urban planning administrative authorities.
The Government of the people stationed and its urban planning administrative authorities should carefully study the observations of the inspectorate and correct urban planning violations in a timely manner, and will address the results for feedback to urban plan inspectors. The Government of the local population and its urban planning administrative authorities have refused to correct urban planning violations, and the Government's urban planning administrations should be responsible for their transformation and may recommend that the Government of the population organize investigations and treatment of issues reflected by urban plan inspectors.
Article XV severely affects the development of urban planning, which is determined by the executive authorities of the local people's government for urban planning at the district level, and is presented to the Committee for Urban Planning at the current level.
In order to seriously affect urban planning, the urban planning administrative authorities should be obliged by law to put an end to the construction of the construction, to dismantle or forfeiture illegal buildings, constructions or other facilities, and not to be replaced by fines or by the replenishment process.
Article XVI
(i) To apply to the People's Court for the mandatory removal of illegal buildings, constructions or other facilities;
(ii) Forfeiture of buildings, construction or other facilities in accordance with the law;
(iii) To impose more than 20,000 fines on urban planning offences.
Article 37 Citizens, legal persons or other organizations have the right to report to the administrative authorities of the local government for urban planning, in violation of urban planning laws, regulations and regulations.
Urban planning administrative authorities should establish a system of reporting of offences in urban areas, make public reports of telephones, boxes or e-mail addresses, receive reports on urban planning violations, investigate them within 10 days from the date of receipt of the report and communicate the results in writing.
Chapter VI Legal responsibility
Article 338 is an offence against the city, the people's government, which is changing by the time limit of the Government's accountability and is subject to the administrative disposition of the competent and other direct responsible persons directly responsible under the authority of management:
(i) Prepare, approve or adapt urban planning in violation of the provisions;
(ii) Decentralize urban planning authority in violation of the provisions;
(iii) Direct urban planning authorities to implement administrative licences in violation of urban planning;
(iv) Other violations of urban planning laws, regulations and regulations.
Article 39 reproduces the following offences against the urban planning authorities of the local population at the district level, either by the Government of the people at this level or by the executive authorities of the Government of the people at the grass-roots level who are responsible for urban planning, or by law, and by virtue of the authority of management, the administrative disposition of the person responsible for the direct responsibility of the executive branch and other persons directly responsible:
(i) Prepare, approve or adapt urban planning in violation of the provisions;
(ii) Implement administrative licences for urban planning in violation of laws, regulations and regulations and urban planning;
(iii) Persons engaged in urban planning administrative licence reviews do not have the conditions for the functioning of the State and the province;
(iv) Violations of urban planning are not lawful;
(v) Other violations of urban planning laws, regulations and regulations.
Violations of the other relevant sectors of the local people's government at the district level are being changed by the time limit of the responsibility of the current people's Government and are subject to administrative disposition in accordance with the authority of the management.
Article 40, in violation of article 27, paragraph 2, of the scheme, provides that construction units are not established on the construction work site to make public the contents of the administrative licence for urban planning, which is modified by the administrative authorities of the local people's Government for urban planning, at the district level, and may be warned or fined up to 1000.
Chapter VII
Article 40 is referred to as the local people's government at the district level, excluding the territorial Government.
Article 42 is implemented in accordance with this approach by the management of urban planning other than the town of the commune.
Article 43