Speaker
Description
Urban planning systems worldwide encompass various hierarchical plans, all incorporating statutory plans and rules for project development control. These statutory plans dictate the content and procedures for land development and construction projects to obtain planning permits. Urban development control systems can be categorized into two modes based on the relationship between statutory plans and development control: " Planning Regulation - Constrained " and "Development Order - Guided". The Planning Regulation Constrained Mode is mainly represented by zoning systems in Germany, the United States, and the Netherlands, while the Development Order - Guided Mode is typified by the UK and Singapore. These traditional models have evolved over time, incorporating features of both types to form more flexible hybrid models. Most countries and regions now exhibit a blend of both systems, such as Hong Kong, where land covenants primarily follow the development rule control model, while statutory plans are mainly planning-oriented, leveraging the strengths of both modes to create a hybrid development control system. In Mainland China, project development decision-making aligns with the Development Order - Guided Mode, adopting an administrative licensing system where planning permits are required for authorization. Meanwhile, the control detailed planning implemented in Mainland China is largely based on zoning-oriented development management systems, exhibiting characteristics of the Planning Regulation - Constrained Mode.
By comparing the system architecture, operational logic, regulatory elements in different countries and regions, and specific project practices of the two typical development control systems, this study aims to uncover the underlying logic of project development and construction control in both modes. Especially in the context of the stock era, with more complex and diverse project development change demands for specific actual projects, this research holds significant value for the reform of planning control systems in the stock era. The study also explores the legal frameworks governing these systems, highlighting the need for a just transition in urban planning and development control, which is essential for addressing the socio-technical and governance challenges of planetary transformation .
References
Taekema, S. (2018). Theoretical and Normative Frameworks for Legal Research. Law and Method.
Wang, X., & Lo, K. (2021). Just transition: A conceptual review. Energy Research and Social Science, 82, Article 102291.
Legal Issues in Planetary Protection: Challenges and Opportunities. (2024). World Jurisprudence.
| Keywords | Development Control；Planning Regulation；Development Rule；Comparative Study；Stock Era |
|---|---|
| Best Congress Paper Award | Yes |
