International Manual of Planning ISOCARP Knowledge for Better Cities ISBN: 9789490354404
Judith Ryser and Teresa Franchini
Editors Coauthor: Alex Camprubi Design Director PuBang Design Institute Guangzhou. China
Support paper for the chapter of China September 2015
Key words: China, Government, Planning framework, Administration, Sustainability and Governance, China Development, Control Mechanisms for Urban Planning,
CHINA
Map 1 China in the World Map 1
FAST FACTS2: Total area Km2 3 Total population: Population growth: Unemployment rate: GDP 2013 GDP 2013 per capita: GDP growth rate 2013:
9,6 Million Km2 1.360 Million hab. 0,49 % 4,05 % 56,9 Trillion RMB / 9,17 Trillion USD / 7,97 Billion EUR4 41.908 RMB / 6.760 USD / 5.878 EUR 7.67 %
Settlements structure Capital city: Second city: Density: Urban population:
1 2 3 4
Beijing / population: 21,15 million hab. Shanghai / population: 24,15 million hab. 141,6 hab/Km2 53,7%
Map of World with Countries - Outline by 4Vector [ http://4vector.com/free-vector/world-map-01-vector-1871 ] modified by Alex Camprubi Otherwise stated: National Bureau of Statistics of China. “China Statistical Yearbook� (2014) The World Bank. "World development indicators." (2014). Trillion RMB = 1012 / Trillion USD = 1012 / Billion EUR = 1012 / Approximate exchange rate to February 01, 2015
GENERAL COUNTRY INFORMATION China is an old and independent society: it has had a continuous record of strong central administration, broken only occasionally by civil war and invasion, for over 2000 years. China’s administrative division statistics are divided into Mainland China and Greater China, the latter including 2 Special Administrative Regions (SAR’s) Hong Kong and Macau; and the adopted province of Taiwan5. With a population of 1.36 billion3, China has a fifth of the world population; covering 9.6 million square kilometres6 it has a similar size to the USA, but a population five times as large. In result its national population density results in 141.6 hab/km2. Its rate of urbanisation is considerably faster than the world rate. In 1978 17.9% of the country’s population was urban; in 2013 has grown to 53.7%3 which makes it today the 10th most urbanized country in the world7. Expectations that urban population in China in 2020 will grow to 60% would place China as the world’s most urbanized country supported on an additional migration to cities of 100 million people8 within the next 5 years. Considering this flow of migration from 1978 to 2013, it is the biggest human migration in history, allocating an additional 558.6 million people in urban areas; 14 of which have more than 4 million inhabitants, 33 in between 2 and 4 million and 86 above 1 million. These numbers show an increase of 23 cities above 1 million inhabitants in the past 10 years. Map 2: China in the Asia Region 9
For the purpose of this document, statistics shown are related to Mainland China only. The World Bank. "World development indicators." (2014). 7 United Nations. “World Urbanization Prospects”. (2014) 8 China’s State Council and the Central Committee of The Communist Party. “National New-type Urbanization Plan 2014-2020”. (2014) 5 6
9
Wikmedia Commons; Ssolbergj
The Chinese GDP annual growth rate scaled between 2004 to 2007 up to a record in the past two decades of 14.2% and a drop to 7.7% in 201310. This figure can be directly compared with a world average annual growth in GDP of 2.7%. China considers urban development and new infrastructures a priority for its growth as the “National New-Type Urbanization Plan 2014-2020 states: "Domestic demand is the fundamental impetus for China's development, and the greatest potential for expanding domestic demand lies in urbanization". For the last two decades urbanization has been the backbone of the rise of Chinese economy and its thrust will keep on for at least until 2020.
PART I: PLANNING FRAMEWORK Administrative structure China is a Social Republic run by a single party: The Communist Party of China. The organs of state power are mainly divided into four bodies: The National People’s Congress (NPC) and the State Council of the People’s Republic of China (State Council) are the main political force of the government; In 2013 the Supreme People’s Court was given the same rank as the first two government bodies therefore providing autonomy to their decisions; finally, the Supreme People’s Procuratorate is the state organ of legal prosecution and investigation. Both the NPC and the State Council are a constant throughout the structure from the national level to the local administrations and autonomous regions making it a dual system: the President of China 10
The World Bank. "World development indicators." (2014).
is named Secretary General of the Communist Party of China and Chairman of the Central Military Commission; on the other hand, the State Council’s leader is the Premier who runs the State affairs appointed by the Standing Committee of the Central Politburo of the Communist Party of China. Under Xi Jing Ping’s mandate the Standing Committee is composed of 7 members who include the Premier and the President. Another two groups enclose the functions of the government and entitle the society a consultative process: The Chinese People's Political Consultative Conference (CPPCC) and the Social Organizations. While the first group comprises a political party structure as an advisory body of the People’s Republic of China, the second one allows an organized society to conform according to different interests and topics. In China are registered more than 2000 national social organizations.
The NPC is the supreme organ of state power and is permanently represented by its Standing Committee, which exercises legislative power. The local people’s congresses, with their own standing committees, are the state power organs at the corresponding local level. There are several political parties, all of which practice multiparty cooperation through a consultative system under the leadership of the Communist Party. The organisational levels of the Communist Party mirror the various levels of government. Before 2013, NPC was seen as a strategic planning director and its role on making the planning documents was segregated to a couple projects; hence, after 2013 the NPC has taken an active role elaborating documents in key national projects; for example: the Beijing – Tianjin - Hebei The State Council, also known as the Central People’s Government, is composed by 35 members who include 25 ministries besides the premier and 9 other top political leaders. All the political administrations in China report to the State Council including the two Special Administration Regions and the claimed province of Taiwan, plus 4 additional government organizations. Beside the ministries, the State Council rules several Institutions, State Administration Offices and Organizations, therefore being the practical body of the government in China. All the planning institutions in China are located under the State Council, however requires the approval of the Communist Party in order to be implemented.
The country is divided into provinces, autonomous regions and municipalities directly under the Central Government; a province or an autonomous region is subdivided into autonomous prefectures, counties, autonomous counties and /or cities; a county or an autonomous county is subdivided into townships, ethnic townships and/or towns.11 Municipalities directly under the Central Government and large cities are subdivided into districts and counties; autonomous prefectures are subdivided into counties, autonomous counties and cities. Autonomous regions, autonomous prefectures and autonomous counties are all ethnic autonomous areas. The Constitution specifically empowers the state to establish special administrative regions when necessary. A special administrative region is a local administrative area directly under the Central Government.
11
UNDP China et Al. China Human Development Report 2013: Sustainable and Liveable Cities: Towards Ecological Urbanization. P29
In 2015, Mainland China is divided into 22 Provinces plus Taiwan as a claimed Province, 5 autonomous regions, 4 municipalities directly under Central Government and 2 special administrative regions: Administrative Divisions of China by Administration Type, Total Area, Total Population and Urban Population. 2013
Administrative Division Anhui Beijing Chongqing Fujian Gansu Guangdong Guangxi Guizhou Hainan Hebei Heilongjiang Henan Hubei Hunan Inner Mongolia Jiangsu Jiangxi Jilin Liaoning Ningxia Qinghai Shaanxi Shandong Shanghai Shanxi Sichuan Tianjin Tibet Xinjiang Yunnan Zhejiang
Administration Type
Total Area (Km2)
Total Population 2013 (Hab)
Urban Population 2013 (Hab)
Province Municipality Municipality Province Province Province Autonomous Region Province Province Province Province Province Province Province Autonomous Region Province Province Province Province Autonomous Region Province Province Province Municipality Province Province Municipality Autonomous Region Autonomous Region Province Province
140,126 16,411 82,269 124,016 454,000 179,757 237,558 176,153 35,354 188,434 452,645 165,536 185,888 211,855 1,155,092 102,600 166,894 184,400 148,064 66,000 721,000 205,800 156,700 6,340 156,711 485,000 11,917 1,228,400 1,664,897 383,194 104,141
60,298,000 21,148,000 29,700,000 37,740,000 25,821,800 106,440,000 47,190,000 35,022,200 8,952,800 73,326,100 38,350,200 94,133,500 57,990,000 66,906,000 24,976,100 79,394,900 45,221,500 27,512,800 43,900,000 6,541,900 5,777,900 37,640,000 97,333,900 24,151,500 36,298,000 81,070,000 14,722,100 3,120,400 22,643,000 46,866,000 54,980,000
28,858,623 18,250,724 17,326,980 22,934,598 10,362,288 72,123,744 21,145,839 13,248,898 4,721,707 35,284,519 22,013,015 41,230,473 31,610,349 32,088,118 14,663,468 50,900,070 22,099,747 14,911,938 29,171,550 3,402,442 2,802,859 19,313,338 52,316,971 21,639,744 19,078,229 36,400,430 12,073,594 739,847 10,069,342 18,971,357 35,187,200
9,597,152
1,355,168,600
734,942,002
1,104
7,188,000
7,188,000
30
5,920,000
5,920,000
23,370,000
18,228,600
37,327
36,478,000
31,336,600
9,634,479
1,391,646,600
766,278,602
People's Republic of China (Mainland)
Hong Kong Macau Taiwan*
Special Administrative Region (SAR) Special Administrative Region (SAR) Claimed Province
People's Republic of China (SAR's and Taiwan)
36,193
People's Republic of China (Greater China) Source: National Bureau of Statistics of China. “China Statistical Yearbook� (2014) Estimated based on United Nations, Department of Economic and Social Affairs. United Nations World Urbanization Prospects, 2011
Administrative competences for planning -
National Government
Primarily there are two Ministries and one Commission (with ministerial level powers) concerned with urban planning and development: Ministry of Land and Resources (MLR) , Ministry of Housing and Urban-Rural Development (MHURD), and National Development and Reform Commission (NDRC); furthermore there is one ministry responsible for the environmental protection which is reference for the urban planning but is not required for approval of the plans. The Ministry of Lands and Natural Resources is the Ministry which is responsible for the work of land administration and supervision across the country. It includes the regulation, management, preservation and exploitation of natural resources. Within its functions and responsibilities include develop cadastral regulations, compile and implement national comprehensive planning, overall plan for land use and other specific plans, verification of all the plans submitted to the State Council, to manage and evaluate land value in between others. A main actor in the planning development in china is the Ministry of Housing and Urban-Rural Development of the People’s Republic of China who “was established in 2008 as a ministry under the State Council responsible for the administration of construction projects in China”.12 The main responsibilities of the ministry are: • To guide the planning and construction of rural and urban areas in China; • To establish national standards of construction; • To guide construction activity and regulating the construction market in China; • To manage the housing and real estate industry. According to the Constitution of the People’s Republic of China and the State Council, the National Development and Reform Commission is assigned a strategic role in the national planning, with a comprehensive view of the development in all sectors thus emphasizing Economy and Sustainability. Within the NDRC’s main functions related to urban planning are to formulate and implement strategies of national economic and social development, annual plans, medium and long term development plans; to direct, promote and coordinate the restructuring of the economic system; to plan the layout of key construction projects and productivity; to organize the compilation of plans for major functioning zones; to coordinate social development policies with national economic development policies; to promote strategy of sustainable development and climate change and to draft relevant laws and regulations concerning national and social development and economy in between others. In 2008 the Congress transformed the former State Environmental Protection Administration into the Ministry of Environmental Protection who oversees the administration of national environmental policy; assisting in drafting environmental laws, regulations and standards and generally overseeing environmental management from a national perspective. MEP coordinates between other central and local governmental authorities over environmental matters. -
Provincial Government
Provinces replicate the structure of national government. There is a Provincial People’s Congress which is the legislative body for the whole province headed by the Provincial
Secretary, who can make local laws which must however stay within the scope of the national laws on the same matter; and there is nominal Governor who reports to the State Council. The three Central Government organs: MLR, MHURD and NDRC, have at the provincial level; who are required to approve the plans to be implemented. Though land administration and land use planning in each province may vary in form, the land use is always the responsibility of Ministry of Land and Resources and its sub-bureaus, thus the actual land administration and land use planning is entitled to the provincial department of construction. Provincial governments exercise substantial control over cities within their jurisdiction. Very large cities, however, are in effect municipal provinces and deal with central government direct, both formally and informally.
Diagram 1: Chinese Urban Planning Administration with information from the Ministry of Commerce. 2014.
-
City Government
As at the national and provincial levels, so at the municipal level. In a typical city two bodies in particular are important for urban planning and development: the Municipal Planning Commission and the Urban and Rural Construction Commission. Under the latter typically are the Planning and Land Administration Bureau, the Transportation Bureau, the Housing Administration Bureau, the Urban Construction Bureau, and the Environmental Protection Bureau. Commissions are concerned with policy, strategy, co-ordination, higher level management and supervision; whereas Bureaus are concerned with the detailing of policies and projects, supervision of implementation, and related operational aspects. In a typical city the Environmental Protection Bureau is responsible for enforcing national environmental laws and policies, setting local pollution standards, investigating environmental accidents and mediating environmental disputes. Environmental Protection Bureaus also have the responsibility for advising against allowing the development of potentially polluting land uses.
Cities have significant powers to enact local laws covering city planning, air pollution, construction, and the resettlement of residents whose houses are demolished. These laws are checked against the relevant provisions of national law, and in some cases cities are encouraged to follow standard models, perhaps derived from the work of other cities, but these models cannot be imposed by the national government. Although urban planning policies and guidelines have exceptions and variants, in practical terms, they are normally formulated by the local Planning Commission, reflecting national and provincial as well as local priorities and decisions. The Planning and Land Administration Bureau will normally prepare forward plans, which are then submitted to the Planning Commission for its approval before moving higher in the system, first to the People’s Government at the provincial level and depending on the case and relevance of the plan, will be also submitted to the State Council for examination and approval. Below both provincial and city governments are lesser authorities with limited, but sometimes important local relevance to the urban planning process. Planning legislation -
Main planning legislation
There are two milestones in the Chinese planning modern history, the first one in 1990 when the City Planning Law of the People's Republic of China was established, and the second one in 2008 with the Law of the People's Republic of China on Urban and Rural Planning was adopted which came one year after the long debated and abundant Property Law of the PRC in 2007. These two milestones have had significant impact on the way that Chinese urban plans have been done and have left a mark on the evolution of the relationship between organizations who are responsible for enacting urban plans.13 “Ownership of real property in China is based on the Constitution as revised in 2004, on the new Property Law and on three key laws: The Land Management Law (Adopted 1986, amended 2004), The Urban Real Estate Management Law (adopted 1994), and The Rural Land Contract Law (adopted 2002). The new Property Law did not repeal these laws, but it does make them subject to the new Property Law and the new Property Law will control where there are differences. Regulations supplement these statutes.” (Dickinson, 2007) 14
In practical terms, the following laws apply to most of the planning done in China. • • • • • • • • • • 13 14
Law of the People's Republic of China on Urban and Rural Planning, 2008 Property Law of the People’s Republic of China, 2007 Land Administration Law, 2004 (in process of new amendment) Land Administration Regulations, 2004 Urban Real Estate Administration Law (Reviewed, 2009) Urban Real Estate Administration Regulations, (Reviewed, 2009) Interim Regulations on the Assignment and Transfer of Land Use Rights in Urban Areas, 1990 Interim Measures for the Administration of Foreign Invested Development and Management of Tracts of Land, 1990 Regulation on the Expropriation of Buildings on State-Owned Land and Compensation, 2011 General Provisions and Leases Chapters of the Contract Law, 2012
Wu, Fulong. Planning for growth: Urban and Regional Planning in China. 2015 (Chapter 3: The Chinese Planning System) Steve Dickinson, Legal News. 2007. Online: http://www.chinalawblog.com/2007/05/china_real_estate_laws_part_i.html
• • •
The General Principles of the Civil Law of the PRC, 1987 The City Planning Law, 1989 The Environmental Protection Law, 1989
Other legislation which is relevant in detail along with the description of all the basic procedures and references of urban planning in China is compiled and synthesized into a collection of five books under the National Commission Planning System (全国城市规划执业制 度管理委员会) 15. This collection is the obligatory reference for becoming a registered official planner in China. The above are the most relevant when considering the following aspects of urban planning and development, for which the principal legislation is given in brackets: • • • •
Forward planning o (Urban and Rural Planning Law, Property Law, Land Administration Law and City Planning Law) Permission to develop the land o (Urban and Rural Planning Law, Property Law, Land Administration Law; Urban Real Estate Law and City Planning Law) Land use rights o (Urban and Rural Planning Law, Property Law, Land Administration Law; Urban Real Estate Law) Building permits o (Urban and Rural Planning Law, Property Law, Land Administration Law, Urban Real Estate Law; City Planning Law, Environmental Law; Construction Law).
Planning legislation in China has had a remarkable evolution since 1990. Nevertheless, is still insufficient to satisfy the challenges of urbanization in China. Xi Jingping’s administration has demonstrated concern to enhance property rights and restructure the future urban development along with the required amendments of legislation, including the Urban Real State Administration Law or a new law that will tax carbon emissions. It’s to highlight that an important step into property rights is set to 2017 when all rural property is promised to have clear property registrations of their land. Therefore the legislation landscape on urban planning is active and will contribute significantly to the evolution of the legal framework in China for the next decade. -
Planning and implementation instruments
The Planning is hierarchical according to the level of government; therefore the national government would be responsible for the national planning system under the State Council’s NRDC and MOHURD; provincial government will be responsible for the provincial planning, and so on. In general, every plan should be delivered to the next higher level authority for approval. Some exceptions may require local administration plans to be authorized by a national level government. Since the planning law of 1990 was enacted, every province, prefecture, city and county should have developed and urban plan available to the public that could be downloaded from the government’s website. Although there is a set of standard planning practice to produce 15 year plans in the different levels, in reality plans are produced according to the extraordinary demand of urban development given in China; and often plans are randomly updated to match the swift urbanization or to promote economic growth by new local administrations. Not all provinces and cities have the same resources, and although there is a basic practice of
15
China Planning Press, Compilation of Town and Country Planning Regulations” (城乡规划法规文件汇编). 2014 (Chinese Only)
establishing the land use for every city and county, the structure of the plan may vary substantially. Local governments looking out to develop their own plans would often discard other planning efforts done by neighbour entities, and lack of communication result in a deficient regional infrastructure planning. This isolated planning efforts required the attention of MOHURD in 2005 to produce a National Plan (2005-2020) to reduce the lack of integration between provinces and to re insert top-down regulations in the planning system. On other levels of planning, sectorial plans are drawn as strategic national projects emerge within a reduced group of designated planners, such as the high speed railway network, or new environment programs implemented in the surroundings of Beijing. There is a legal framework from which the plans emerge and find its structure. Nevertheless, the consideration of the content of the planning has no standard16 and therefore is not systematic; structure of the planning is being set by published material by recognized urban planning institutions or associations who have qualifications and certifications from MOHURD; such as, Beijing Municipal Institute of Planning and Design, Chinese Academy of Urban Planning and Design, Tongji University in Shanghai, Tsinghua University in Beijing or the Urban Planning Society of China to mention a couple of prestigious institutes of planning. Of course MOHURD would have its own reference. These institutions follow their own standards and other planning institutions may follow either one of them. On paper, the provisions in the law operate to limit the degree of independent initiative that city planners have in preparing a city plan. For example, in terms of overall goals, the law states the national policy on urban development in that the state seeks to control the size of large cities, and to develop medium-sized and small cities to an appropriate extent. City plans also have to take account of the provisions of the current national and more local Five Year Plans. Five year plans are set to identify national goals and strategic projects, therefore driving economy and urban development. There is a hierarchy of plans, in which city plans fit into provincial plans, and more localised plans fit within city plans. At the lowest level plans may be in existence and be of administrative importance without going through the full approval processes. The main urban plans themselves are for fifteen years. In addition to such a plan however, each level of People’s Government is required to compile an annual land use plan which will attempt to coordinate national socio-economic planning goals, the fifteen year plan, and current conditions; such plans can thus be seen as an annual review – and filling out - of the continuing fifteen year plans. These annual plans help introduce a degree of flexibility in the planning process, as only development proposals which meet the existing city plan can be approved. Thus development applications which would necessitate a major departure from the fifteen year plan can be accommodated through the annual land use plan. In the end the ultimate approval is given to the project. Planning becomes a reference for local governments to develop their programs, projects and actions, and not necessarily a statutory document; depending on the impact of either one, should be approved by the prefecture, provincial or national levels, which in turn, should follow all the levels of planning accordingly. Nonetheless, projects have the influence to modify any extent of the planning if they are well supported; as new data might had been added, new community projects or additional infrastructure may had risen and would have needed to be considered; those events should be registered on the annual review of planning land use but seldom are updated on the 15 year plans. Finally different authorities would review case by case, and take the relevant references 16
Qian and Wong. Master Planning under Urban–Rural Integration: The Case of Nanjing, China. 2012. Urban Policy Research.
as a background before authorizing each project. In order for a project to be built, it must have the authorization of MOHURD, MLR and occasionally from NRDC as it will be described further. It is to underline that in comparison to standard European or American urban projects, Chinese projects are usually of a larger scale and a mean of projects would vary from 100 thousand square meters to 1 million square meters of construction area (FAR) or more. Therefore below 100 thousand square meters a project would be consider “small” and over “1 million” square meters would be considered “big”. Examples of this would be Beijing CBD which has 10 million square meters of construction and was developed in 3 phases. On the other extreme, a commercial building of 40,000 m2 would be considered small; this would be the standard area of a 5 star hotel. -
Main Development Control Mechanisms
Plans can only be authorized by the government authority; planning institutes develop technical documents for the government to approve them. However plans act as a reference; as mentioned before, projects are the subject of ultimate approval. Before a building or project starts construction, planning or design documents require official certification of registered Design Institutes, who can only be Chinese and represented by Chinese nationals. Certifications to these institutes vary from the National Level, A, B and C levels limiting the extent of their capabilities and territorial influence. A National Level certification would allow an institute to Certify a project in theory in any part of the country no matter the size of the project; on the contrary C level certifications would limit the size of the project to the minimum and would have a local region of influence. These institutes are required to follow all regulations and national codes. Codes are divided into specialities; namely, architecture, planning, interior design, landscape, roads, electrical engineering, structural engineering, etc., so do the certifications; therefore a Design Institute may have more than one certification that may include planning along with architecture, road construction, structural engineering, etc. The Design Institute validates the project technically and it’s under its responsibility to understand the project meets all requirements of law and regulations, including the relevant planning. Construction companies also require this kind of certifications for construction and are also require by law to follow the codes and regulations. The certification of the design institute does not imply that the project has the authorization to be built, which needs the approval of the other two ministries and eventually from the NDRC. These governmental authorizations are required by the certified construction company to start building. Furthermore the local office of urban planning would be in charge of verifying that every project being built has the corresponding certifications of the design institute and approval from the relevant authorities.
PART II: PLANNING PROCESS Planning system -
Plan making
There are three levels of planning: a comprehensive planning often referred as General Planning (zong gui), a more detailed plan often referred as Control Planning (kong gui) and an even more detailed plan also referred to as Detail Construction Planning (xiu gui). The fifteen year plans in fact comprise the first two level plans. First, the comprehensive plan covers the designated functions of the city or region, the goals of its development, demographic analysis, geographic analysis, and the distribution of land to be used for various construction purposes; as well as the functions of different zones, demand for public facilities, the overall arrangement for construction, disaster prevention, the urban transport system, and water spaces and green spaces. The Control Plan, on the basis of the comprehensive plan, defines the scope of the use of land for particular purposes and can cover plot density and intensity, the height of buildings, and the arrangement of the infrastructure. It also requires establishing the relationship of surrounding transportation facilities to the plot, parking facilities and a general guideline of the future demand of services. At last the Detail Construction Planning includes specific proposals for the various construction projects to be undertaken in the immediate development of the city, requiring to specify the footprint of the building, the restrictions of height of different elements, the preferred style of the building (including virtual models or renders), preferred materials, defines the main entrances and access to buildings, grading, budget and all the infrastructure constructions drawings regarding exterior or urban water, sewage, electricity , communications and illumination main distribution systems among any other that would be required by the project. This level of planning is usually done when the government wants to develop a specific project in the city, and usually is not started until an investor, real estate developer or government are decided to invest in the land and the property rights have been agreed; furthermore, the investment type and the amount of investment should have been settled with the government. After the Xiu Gui is done the architect and landscape architect is expected to follow the general guidelines established by the Detail Construction Plan and will give the architect and landscape architect clear information about the infrastructure available to develop the building and the landscape; in theory, when the three levels of planning are finished, designers would carefully think on modifying the layout, because on doing so, a new engineering of the project should be made, the Xiu Gui should be updated and a new authorization from the government would be required in order to start construction. The main fifteen year plans are required by law to: • Ensure strict protection of basic farmland and the adequate control of the occupation of farmland for non-agricultural construction. • Ensure the improvement of land use rates. • Provide for the overall arrangement of land for various purposes and various uses. • Seek the improvement of the appearance and environmental sanitation of urban areas. • Facilitate economic production. • Promote the circulation of commodities. • Help enrich the economy.
• • • • • • •
Promote advances in science, technology, culture and education. Benefit the people’s everyday life. Ensure the protection and improvement of the ecological environment and seek a guarantee of sustainable land use. Provide for the prevention of pollution and other hazards. Ensure the development of greenery and afforestation. Seek the preservation of historic and cultural sites, and the traditional cityscape. Ensure the preservation of local characteristics and the natural landscape.
Thus it could be said that under the overall direction of protecting agricultural land and achieving efficient land use distribution, the plans are required to seek economic, social, environmental and cultural sustainability. -
Development Control
Enforcement of the plans is in charge of the local urban planning offices that are to monitor the urban activity and construction within their respective boundaries. Authorities seldom would not notice urban construction activity. The sophistication of communication systems in China has reached not only high technological levels within the administration, but also includes concerns of public matters to society who spread the news in a matter of hours. Protocols for preventing the construction of construction of unauthorized projects (in consequence enforcing the planning agreements) cover 5 chapters.17 • • • • •
Administrative procedures Technological support Social coordination Legal procedures Financial procedures
Administrative procedures are related to direct supervision and monitoring of the urban planning administrations over the territory, including verification of relevant licenses for every construction site. Technological support includes the use of imagery, urban data, surveying, mapping and analysis of diverse media with digital support, If an unauthorized construction is detected by any of these means, would be reported to the local urban planning office for action. Communities are encouraged to report to the authorities which in turn report to the local urban planning office any kind of construction without the proper announcements (banner or billboard) from the government. And it happens through an organized network of citizens that are assigned duties of social observation. Once the project is authorized, a banner or billboard is set on the site to announce to the society the kind of project that will be built, the specifications of the project, the licenses acquired for the project and the relevant government offices approval. This would be a first step regarding the legal procedure by communicating to society the project has gone through all the procedures required by law and has met all regulations established in order to start construction. If an unauthorized construction would be detected by any means, procedures are set to communicate to the relevant government offices to take legal action against responsible parties. 17
Urban planning book
Financial penalties may be imposed on transgressors by different government organizations and would be a consequence regarding the legal procedure taken towards the infringement. Taxes, fees or bonuses are also considered as part of the Financial procedures to deal with control or violation of the law. This section covers the permissions that have to be obtained before development can get under way, and the various governmental actions that may be needed. In some cases this involves a considerable degree of complexity. For example - because of the high importance the state places on retaining agricultural land - the formalities for the development of agricultural land are very involved, and development proposals involving such land will require the approval of several levels of government before development can be considered. Beyond such special circumstances the developer has to obtain approvals for the proposed development before any construction work may commence, covering several of the pieces of legislation mentioned earlier. Two basic permits are needed by a developer; one for the use of the land for construction purposes and one for the actual construction proposed. Two units of government are usually heavily involved in both sorts of permit: the city planning department and the land administration department (and more often the NDRC regarding projects of relevant nature to the urban settlement). The developer must file an application, together with all relevant documents, including a project feasibility study, with the appropriate department of land administration. The project feasibility study will include details of the nature, scale and density of the development, design criteria, construction methods, requirements for infrastructure, property rights arrangements upon completion of the development and requirements for demolition and compensation and resettlement which may be needed. A project feasibility study may also need to include one of different forms of environmental impact statements depending on the likely level of impact. As indicated above in addition to submitting the proposal to the relevant body concerned with land administration, a developer must also submit an application to the city planning authorities for their determination. The format is different but the bulk of the information required is similar, with the addition of documents showing the approval of the project by the relevant government authorities, which will vary depending on the nature of the application. For example there will often be a need to obtain a written approval from the Environmental Protection Bureau, and the approval of the Trade and Economic Commission of the local people’s government may also be needed, especially if foreign investors are involved. In order to try and streamline the process of assessing an application and granting the necessary permits, in many cities the relevant bureaus have attempted to establish a ‘one stop shop’, allowing the various bodies consulted and the two main bodies to arrive at a joint decision on the proposal. In addition the use by a developer of a pre-vetting agency considerably eases the process. Thus a prospective developer would engage the local Design Institute (itself formally involved in the government plan making process) to prepare the development application and feasibility study. In doing so the Institute can ensure that many potential difficulties are resolved before an application is made. The process of considering a development proposal may also involve negotiations with the administration. There are however limits to the scope of negotiations. The authorities can, for instance, negotiate on the design details of the buildings, but the existence and nature of the overall city plan limit the legal powers of the authorities to negotiate on such matters as plot ratios or the uses of the plot, since these have been fixed by the plan.
Similarly, the planning law provides little power for the authorities to negotiate for any ‘planning gain’; the process of requiring the developer as a condition of the development permit to provide some social amenities or additional infrastructure – a park or other recreational facilities, a road widening programme, some low income housing within or alongside a high income housing. As no application can be approved if it does not follow the requirements laid out in the city plan there would appear to be little opportunity for a major departure in land use or other terms from the plan. However, as indicated in the section on forward planning, annually produced plans can adjust the nature of the fifteen year plan; thus development proposals which would necessitate a major departure from the fifteen year plan can be accommodated through the annual land use plan review. If such a review allows for the sort of development proposed, an application can subsequently be submitted. As a conclusion, enforcement of the law regarding new construction or renovation in urban areas is extremely efficient in China. Nothing is done without notice. It is a long and sophisticated path from the start of the project until the beginning of its construction; still, once a project is approved it has the full support to become operational. Having obtained consent to develop land it is then necessary, if they do not already exist, to obtain the necessary land use rights. - Land use rights In some cases the granting of land use rights is by ‘allocation’. This conveys a land use right to a land user, for use by state bodies, or the military, or for public infrastructure projects which may be carried out by the public sector or by private developers. The land user will be responsible for paying any compensation and resettlement grants to persons dispossessed of the land being allocated but will not pay any fee or price for the land use right itself – however works in kind or other forms of planning gain are often provided for. There is usually no limit to the term of the use of an allocated right, but there are restrictions on transactions. This means that before it can be freely transferred an allocated land use right must be transformed into a ‘granted’ (sometimes ‘assigned’) land use right. Using this route a land use right is granted by the state for a certain number of years in return for a fee. This fee may be paid either as a capital sum or as an annual rent. The annual rent is fixed for the duration of the term, with no opportunity for the rent to reflect changing values. The law and regulations lay down the total length of time that such a right exists for. Currently the periods for different uses are as follows: 70 years for residential use 50 years for industrial purposes, education, science, culture, physical health and education and for “comprehensive utilisation for other purposes” 40 years for commercial, tourist and recreational purposes. These periods run from the initial granting of the right, but can be renewed. Someone gaining the right by transfer holds the right for the remainder of the term outstanding, but can seek a further period direct from the state. Still, the legislation is unclear about the terms and conditions for this to happen, leaving an open public concern on property rights. When initially being disposed of by a state body the land use right is granted either through an auction, a bidding process or negotiations between the two parties. The legislation assumes auctions will be the commonest means of disposing of rights by state bodies, particularly for commercial purposes However in practice negotiations often form a major part of such grants
of land use rights. Whatever route is used there is a two stage process: first, a contract is concluded between the Land Administration Bureau of the people’s government concerned followed by registration of the granted land use right. The registration document is of considerable importance in the development process, for example in raising finance for the development. Because of the complexities of the system, the different routes available, and the ambiguities that sometimes exist in practice, western business interests have found it advisable to be very clear as to the position, in terms say of a joint venture development project. Since December 2007, foreign capitals are entitled to land use lease certificates that provide legal security for foreign investments. The national government is aware of these difficulties and within the last few years has instituted a number of measures to remove possible difficulties, which might otherwise hinder the proper development of land. Firstly The State Administrative Department for Industry and Commerce has developed standard forms of contract for the grant of a land use right in a variety of different circumstances. Secondly the national government now requires city and provincial governments to establish central agencies for the buying and selling of land use rights for private or market development in their administrative areas. These agencies have taken over the acquisition of land rights and onwards disposition for development, other than development for public purposes, from all other city government units. This can include buying land use rights in run down inner city areas and arranging for its preparation for development, and then making it available for development, much as a development agency might do. The aims of the new arrangements are to prevent losses of state owned land; to ensure more efficient use of such land; and introduce greater transparency into the operations of the public sector in the land market. These measures have been backed up by new enforcement procedures to ensure honest transactions. Once development permission and land use rights have been obtained a number of formalities concerning building permits (covering construction methods and materials, and management procedures) remain. As stated before, there are penalties for infringements of the requirements outlined, here and for a tardy approach to development once consent has been obtained.
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Participation and appeal
In November 6, 2013, MOHURD announced an amendment on the Law of the People's Republic of China on Urban and Rural Planning, specifically in Chapter 2, articles IX, to XV, where it states that all plans “… should be submitted for approval prior publicity and be made public after approval…”, it gives 20 days after the first announcement is made of the plan for society to fill in suggestions or complaints and 30 days for open public discussion after the plan is finished before final approval; furthermore it states that “ authorities may organize forums, seminars, or other ways to listen to society…” whose voice should be considered for elaboration of the plans; and in case any amendments occur, “… authorities should approach the affected parties of society…” regarding modifications. The law tacitly expresses to “… assess systematically the implementation of the plans and to organize public meetings to record the effectiveness of implementation and be reported to the Chinese People's Political Consultative Conference (CPPCC)…”
On Chapter 3, articles XVI to XX, focuses on the Detail Construction Planning and Billboard information to match the process of construction and habilitates society to monitor and report any differences or perturbance there may be while the construction is being held. This legislation effort to empower society for participation on urban planning is remarkable, notwithstanding the fact that society has been always represented on making urban plans with other formats, which were discretional to the leaders in power and not compulsory as the new amendment states. In the past control planning instruments may take several years before achieving a consensus and approval. This amendment also provides an instrument for the government to be agile in the making of the plan by limiting the time of open discussion to the public.
PART III: SUSTAINABILITY AND GOVERNANCE After the UN Summit in Rio de Janeiro in 1992 the Chinese government prepared their own China Agenda 21 led by the State Science Commission and the State Planning Commission and approved in 1994 by the State Council. In 1996 the State Council held the fourth National Conference of Environmental Protection and by 1998 China had established six environmental laws, eight resources management laws, more than thirty administrative regulations, and three hundred and sixty environmental standards. The UN has actively participated in the urban development of China and China has embraced sustainability as a key factor for development since day one from the Rio Summit to the Millennium Goals. China has the largest wind farm in the world located in Gansu province with a capacity of almost 8000 MW and is already the largest country with 115,000 MW of wind power installed capacity and is expected to be the largest country of wind power production by 2016. And despite of all the efforts, policies have clearly not been effective 18 placing china in the 118th place of 132 Countries of the Yale’s University Environmental Performance Index. News in 2013 highlighted that the First National Census for Water results in 2013 reveal that more than 28,000 rivers and lakes disappeared in China 19, In Beijing on January 2013 PM 2.5 index rose to an astounding 900 mark in Tianjin and 885 mark in Beijing out of 500 points in the scale. This day the chapter is written would be one of the 14 days in 2013 that were considered Hazardous, with a mark in the PM 2.5 meter reading 545 points.20 In 2013 another 257 days were considered above unhealthy standards being the worst year on air pollution of the capital city in the last decade. Other facts about environmental issues in China may be found one after another making the challenge towards sustainability a huge task for the government. The call for sustainability in China is an international plea since in 2006 China overtook the United States to become the largest source of CO2 in the world, and in 2008 more than 60% of the global increase of carbon emissions where from China alone21. The world pressure on China to reduce its emissions fractured other global leaders’ intentions to reduce China’s carbon emissions in an absolute number instead of the Chinese proposal to adopt reductions on a relative number linked to the national GDP. Despite of the international condemnation to China for being responsible of the failure of Copenhagen, Chinese did not stayed motionless, on the contrary, by the Climate Change summit in Cancun in 2010, China had numbers to place on the table of achievements made on diverse fronts and by 2014 before the Peruvian summit in December 2014; the National Development and Reform Commission had issued a Global Wind Energy Council, Global Wind Report. 2013. Ministry of Water Resources, PRC. And National Bureau of Statistics. Bulletin of First National Census for Water. 2013 20 US Embassy pollution index in Beijing 21 Paul G. Harris. China and Climate Change: From Copenhagen to Cancun. 18 19
document titled: “China's Policies and Actions on Climate Change” that is divided into seven chapters which guides the action of the government: • • • • • • •
Mitigating Climate Change Climate Change Adaptation Developing Low Carbon Pilot Projects Capability Building Participation in the Whole Society International Exchanges and Cooperation Proactive Promotion of Multilateral Process of Addressing Climate Change.
The document argues “…Carbon dioxide emissions per unit of GDP in 2013 were 4.3 per cent lower than in 2012…” which is consistent with the first proposal given in Copenhagen in 2009, showing the results of the Chinese efforts. The struggle becomes evident when China has the need to pull development and at the same time meet the sustainable targets and organize the restoration of the already polluted environment. Moreover, China is not only concerned about climate change, or meeting the expectations of the international community to negotiate market opportunities; China is seriously concerned on its own future of availability of energy, water and environmental resources to satisfy its needs of development; which in turn supports any effort towards building a sustainable future. Now it’s a matter of survival and future economic ability. Hundreds of companies see this as an opportunity for action towards sustainable business, therefore showing a light at the end of the tunnel. While economic interest drives the sustainable future, the possibilities of being implemented are more realistic; today we can realize it is happening. On the legislation scene until today China has enacted a total of 42 Environmental related laws22, which demonstrates the active role that legislation is taking on this matter. The latest amendment to the Environmental law was made last month in January 2015. A selection of relevant laws to urban planning practice is described below: • • • • • • • • • • • • • • • •
Environmental Protection Law of the People's Republic of China - 2015 Law on Environmental Impact Assessment of People's Republic of China – 2002 Law of the People's Republic of China on Energy Conservation - 2008 Renewable Energy Law of the People’s Republic of China - 2009 Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution 2000 Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes - 2013 Marine Environmental Protection Law of the People’s Republic of China - 2007 People's Republic of China Water Law - 2002 Water Pollution Prevention and Control Law of the People's Republic of China _2008 Water and Soil Conservation Law of the People’s Republic of China - 2010 Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters Fisheries Law of the People's Republic of China - 2004 Law of the People's Republic of China on the Protection of Wildlife Grassland Law of People's Republic of China – 2002 Forestry Law of the People’s Republic of China – 1998 Regulations for the Implementation of Forestry Law of the People's Republic of China - 2000
A compilation of these laws in English may be found at: http://www.asianjudges.org/peoples-republic-of-china/ and a direct link for reference of to laws and regulations in English language: http://english.mep.gov.cn/Policies_Regulations/laws/ 22
Every planning instrument possible and report in China today has a reference towards ecology or sustainable development. The 12th Five Year Plan heads the list and takes a step forward since it drives the policies of all levels in the government. From its content is to underline the statements adopted towards the relevance of planning: "… planning is the future of the country to guide the sustainable development …” and further actions are considered from which are to note that every commercial building over 20,000 m2 is required to meet Chinese green building rating standards (Green Building Label or also referred to as Three Star)23 from June 2014 or the motion to turn 100 cities into eco-cities. The 12th Year Plan sketches 3 main planning strategies and 5 programs to follow regarding sustainable development: Strategies include Integrating sustainable strategies into building practice, promote efficient energy use and establish a comprehensive inventory and classification of natural resources. Programs are related to coordinate the sustainable exploitation of resources; establish a sustainable foundation for the existing and future industrial development; establish a human centered approach to urban development; improve the environment and ecology of human settlements; strengthen the capability of building. Under the State Council reside a large number of ministries, departments and offices that are assigned the observance, monitoring and prosecution of pollution cases in the nation. The most relevant are The National Development and Reform Commission, The Ministry of Environmental Protection in China, the Ministry of Housing and Urban-Rural Development and the State Oceanic Administration (SOA). However legislation still has to enable the coordinated action of all of them. The Ministry of Environmental Protection (MEP) has still no legal authority over the approval of the planning in China, neither (SOA) or other sectorial authorities, although they are responsible to monitor and report all events to the State Council who in turn would deliver the cases to the Supreme Court and filed for prosecution. International and National NGO’s established China have a permanent watch over the environment and its state reporting constantly to society and working together with Chinese government to find solutions over the environmental impact of the development in China for the last 3 decades. And although there is broad knowledge of the situation is recently that a comprehensive sustainable implementation is on the way; in consequence we expect to see an increased pollution mitigation programs and a significant reduction in the impact of development over the environment in the next decade.
PART IV: EVALUATION Application of the planning system in practice -
Possible systemic issues
Many people, particularly foreigners, have complained of the complexity of Chinese urban planning legislation, and indeed even a simplified exposition of the situation, as given above, tends to point in that direction. However, also as indicated, the government is attempting to introduce changes that will ease the situation, and there are government endorsed means of smoothing the process. Others have pointed to a degree of inflexibility in the system. That too is difficult to deny in theory, but in practice again means are available to ensure welcome development is accommodated within the system.
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http://www.cngb.org.cn. China established its Green Building Program in 2008 named (GBEL)
In the end the speed with which urban development is proceeding in China shows clearly that, whilst in individual cases strains might be apparent, the well informed and well intentioned developer will not want for opportunity. However, this is not to say that there are not matters within the details of the law that need critical examination and could with advantage be improved. Distance between planning legislation and physical development There are however perhaps other problems which tend to be deeper than mere simplification and increased flexibility would allow for, and can be summarised as follows: -
The switch to a socialist market economy, away from a planned economy
China is - in the midst of considerable physical change - undertaking a massive organisational shift. It is moving from a fully planned economy to a socialist market economy. It is moving from a world where need was calculated and supply arrangements put in place in appropriate locations, to a world in which individual enterprises - and individual cities - are expected to be largely demand led. This naturally is leading to a number of social and economic tensions. The city scale master plan used to be a standard tool of urban planners across the world. Master plans are well suited to definite statements of pre-ordained urban form, to be achieved within a given timescale, hence their continued relevance to site development planning. They also require a certainty of investment, and a programmed control of that investment. Again the relevance to situations where there are a limited number of investors, with a unified and mutually dependant purpose that is only affected by outside forces to a limited extent is apparent. In China under the planned economy these requirements matched perfectly the mechanisms of the overall urban development process. It is now becoming apparent in China however that the required conditions for city master plan exercises no longer exist. There are many agents in a mixed or market economy, all with different priorities and parameters. Certainty of programming and pre-descriptions of the detail of urban form is very difficult, if not impossible. It is through an examination of the best means of handling such situations, whilst retaining proper governmental power to enforce its own priorities and parameters, at whatever level of government is appropriate, that the apparent dilemma of inadequate flexibility can best be met. -
The rise of regional cities and the impact on national cohesion
The strength of Chinese cities is not new, but the growing competition is. Whilst the growth rate for the country as a whole is strong and continuing, the degree of variation between cities is high. Continued over time such variations could lead to considerable social and economic tension. The validity of the changes to planning systems across the world over the last fifty years has been put to its most severe test in the regeneration of areas of decreasing competitive advantage. It is in such areas that the relevance of the planning process to the lives of ordinary citizens in a mixed or market economy is most challenged. Europe has seen many failures in attempts to meet this responsibility; China now has the opportunity to benefit from the lessons learned from Europe’s failures, as much as from the successes. Here reference needs to be made to the advantages of the various development agencies in various countries, including China, that have been established with powers and finance to act speedily and with certainty in particular localities to bring development forward in an appropriate form. The stress in the Habitat Agenda on enablement is relevant in this context.
There are also benefits to such an approach in obliging different arms of government – in China for example the strands of engagement covered by land, construction and planning administrations – to work together to a mutually agreed set of priorities and parameters for a given location, under appropriate levels of wider policy enforcement. Such bodies also could allow for the harvesting for the public realm of planning gain. The work in Europe and elsewhere developing public/private partnerships of various forms is also very relevant. -
The problems of urban design
Design issues touch on a difficult area. If China under the planned economy was to be seen as an exemplar of the modernist world, where form followed function almost entirely, its transformation to a socialist market economy has brought with it some of the chaos of postmodernism, at least in design terms. The townscapes produced by the different approaches are themselves starkly different. In most Chinese cities there are large areas of uniform housing blocks, which whilst reflecting a largely successful attempt to provide a minimum of decent sanitary and domestic standards for most residents, are also for too many eyes inhospitable in terms of human requirements beyond the basics. Also now available in Chinese cities are areas of buildings that provide design forms that demonstrate opulence in a variety of styles. What constitutes appropriate design however is far from universal, and in this area there is considerable potential for cross cultural misunderstanding. Similar misunderstanding can arise over the question of the retention of buildings from the past. China has seen bitter occupation by foreign powers, and to suggest retention of the buildings left behind once the occupying forces have been forced to depart, can be very puzzling to residents of the cities concerned. Puzzlement will also often greet suggestions to retain quaint but insalubrious housing areas, which are a burden to their inhabitants and the city authorities, and a symbol of past poverty. -
Environmental damage and the challenge of sustainability
More literal questions of un-sustainability arise when environmental matters are considered. No-one, not least the Chinese authorities, would deny the environmental impact of previous efforts to increase the economic success of industrial endeavour. As elsewhere economic success has left in its wake a legacy of land, air and water contamination, and questions concerning the possibly profligate use of material inputs. Careful consideration is however necessary when addressing this issue. It is only in the recent past that western nations have put anywhere near the equivalent effort into meeting the challenge, and on a much smaller scale, than the Chinese Government is now doing. There is also a danger in recommending the most recent and most complex technologies to resolve such issues. Better by far the use of technology that perhaps will only solve 80% of a given problem, but is robust, cheap to run and easily serviced. Sustainability also has social and economic dimensions. Future prospects of the planning system It is known that the Chinese government is working to address all these issues, whilst in the midst of a period of unparalleled urban pressure.
SOURCES This report draws on reports contributed to by specialists working under the overall coordination of Huszar Brammah and Associates, a UK based urban planning consultancy, as part of the EU – China Liaoning Integrated Environmental Programme. Further details of this initiative can be found at http://www.delchn.cec.eu.int and at htmhttp://www.eu-liep.org. The author is grateful for the consent given for the use of the material. The report also draws on standard publications and web pages of the Chinese Government and recognised international organisation, from which the map and the table come. State Council of China: http://english.gov.cn/state_council/2014/09/03/content_281474985533579.htm Cao Pei (1998), Real Estate Law in China, Hong Kong. Edmunds, Richard L. (ed) (2000), Managing the Chinese Environment, Oxford. Futian Qu, Nico Heerink and Wanno Wang (1995), Land administration reform in China, Land Use Policy, Vol. 12. Lubman, Stanley B (ed) (1996), China’s Legal Reforms, Oxford. McAuslan, P (ed) (2002), Securing Land for the Urban Poor, UNCHS (Habitat).
TOTAL: 10-12 pages including illustrations and tables (approx 4000 words, in Microsoft Word and pdf pictures of high resolution - 300 dpi.) Please add main websites relevant to planning practice:. Planning ministry, planning departments of major cities, professional planners 'and developers' associations, urban development agencies, heritage and environmental protection organisations, etc. The deadline is end of February 2015.