Procedures of Shanghai Municipality on the Formulation of Regulatory Plans

 2018-10-23  1128


(Promulgated by Decree No. 34 of Shanghai Municipal People's

Government on September 11, 2015)

 

Article 1 (Purpose and Basis)

With a view to regulating the formulation of regulatory plans in this Municipality, these Procedures are formulated in accordance with the Town and Country Planning Act of the People's Republic of China, the Regulations of Shanghai Municipality on Urban and Rural Planning and other laws and regulations, and in the light of the actual circumstances of this Municipality.

Article 2 (Application Scope)

These Procedures apply to the formulation, approval, modification, and supervisory activities of regulatory plans in the administrative areas of this Municipality.

Article 3 (Principle Requirements)

Where regulatory plans are formulated, the following elements shall be considered such as the needs of medium and long-term economic and social development, resources, environments, human factors and public security; the plans shall embody the general requirements for protecting public interests, improving the quality of urban life and environmental quality, protecting the ecology and historical features of the city. 

Article 4 (Legal Status)

Regulatory plans approved by the law acts as the basis for the implementation of relevant planning management by the planning administrative departments.

All the units and individuals shall comply with the regulatory plans approved by the law.

Article 5 (Management Responsibility)

The Municipal People's Government exercises leadership in the work of the whole city's urban and rural planning. The district/county people's governments shall be responsible for the work of the regulatory planning in their administrative areas. 

The municipal planning administrative department shall be responsible for the management of the formulation of regulatory plans of the whole city.

The district/county planning administrative departments, in accordance with the provisions of their authority, shall be responsible for the concrete organizing work of formulating the regulatory plans of their administrative areas; their professional work shall be carried out under the leadership of the municipal planning administrative department.

Article 6 (Organizing Organs of Formulation)

The formulation of regulatory plans of the central city and those of new cities and towns shall be organized by the district/county people's governments jointly with the municipal planning administrative department. 

The formulation of regulatory plans of specific areas designated by the Municipal People's Government shall be organized by the municipal planning administrative department, jointly with the district/county people's governments.

Article 7 (District Planners)

This Municipality shall establish in an explorative way a district planning system. 

In the process of formulating regulatory plans of the designated areas, the municipal planning administrative department may entrust registered planners with the technical guidance for the formulation of regulatory plans. 銆€

The concrete procedures regarding the designation of the specific areas and entrustment of registered planners in the preceding clause shall be developed separately by the municipal planning administrative department. 銆€

Article 8 (Fund Guarantee)

The funds for the formulation and modification of regulatory plans and those for the formulation and modification of the related special plans that needs to start synchronously in the process of the formulation of regulatory plans, shall be included in the budgets of the corresponding level by the district/county finance administrative departments.

Article 9 (Information Management)

The municipal planning administrative departments shall establish a unified information system for the management of regulatory plans for the whole city, and carry out information management on the approval process of formulation, basic information, and planning results of regulatory plans, and share the results with relevant administrative departments.   

Where regulatory plans are formulated, the plan formulation software of unified standard of the whole city shall be used in accordance with the requirements of information management, and the plan formulation software shall be provided by the municipal planning administrative department.

Article 10 (Formulation Basis)

The formulation of regulatory plans shall conform to the approved master plans of the city, district plans, the master plans and unit plans of suburban districts/county and the master plans of new cities and new towns, and it shall be in compliance with the management regulations and technical standards of regulatory plans.

Article 11 (Formulation Range)

The range of formulation and modification of regulatory plans shall be one or several regulatory planning units, of which the minimum shall not be smaller than a complete neighborhood.

Article 12 (Formulation Program)

The municipal planning administrative department shall make annual formulation programs of regulatory plans of the whole city, and send copies to the relevant municipal, and district/county professional management departments.

The district/county planning administrative departments shall propose their demand for the formulation of the annual regulatory plans, and solicit opinions from relevant district/county professional management departments, and these formulation programs shall be sent to the municipal planning administrative department after the approval of the district/county people's governments, and shall be included in the annual formulation programs of regulatory plans of the whole city.

The annual formulation programs of regulatory plans shall be coordinated with the socio-economic development plans, the recent construction plans and land reserve plans of this Municipality.

Article 13 (Basic Information Collection)

The organizing organs of formulating regulatory plans shall, according to the formulation programs, collect basic geographic information, related information of housing and land, relevant special plans and other basic information. The related municipal and district/county professional management departments shall, in accordance with their duties provide the relevant special plans and other relevant information.

Article 14 (Planning Research)

The organizing organs of formulating regulatory plans shall carry out planning research for the areas for which new regulatory plans are formulated, put forward the following items of plan formulation range, planning basis, planning references, purposes of plan formulation, and the key problems that need to be solved, and develop plan design programs in which the formulation requirements, work plans, requirements for the formulation or modification of relevant special plans shall be clearly defined.

Where the research on regulatory plans is carried out, opinions of relative professional management departments and experts shall be heard, and public views shall be listened to in accordance with the actual needs.

Where the research of regulatory plans is carried out by the district/county people's governments, the opinions of the municipal planning administrative departments shall be consulted in writing.

Copies of the plan design programs developed after planning research shall be sent to the relevant professional management departments.

Article 15 (Special Plan Coordination)

Where the formulation or modification of the special plans are definitely needed in accordance with the planning research, the related professional management departments shall, jointly with the planning administrative departments synchronously organize formulation or modification of the relevant special plans. 

The special plans of linear municipal infrastructure and the supporting facilities approved in accordance with the requirements for regulatory plans provided by these Procedures shall be  regarded as regulatory plans. 

Apart from the cases prescribed in the preceding clause, the special plans provided by related professional management departments shall, after overall balancing by the organizing organs of formulating regulatory plans, be included in regulatory plans.

Article 16 (Plan Formulation)

Where the organizing organs of formulating regulatory plans entrust relative units with the concrete formulation work of regulatory plans, the entrusted units (hereinafter collectively referred to as the 鈥渇ormulating units鈥�) shall have the appropriate level of qualification.

The formulating units shall formulate regulatory plans in accordance with the requirements of the plan design programs developed after planning research, and in compliance with the state and municipal laws, rules, regulations, and related standards and specifications.

Article 17 (Planning Results)

The results of regulatory plans include the general plans and planning texts. Additional plans shall be formulated, in accordance with the results of city design or special research, for the specific areas and the key areas identified in the general plans.

Where the texts of regulatory plans are formulated, regulatory elements indicated in the general plans shall be explicitly defined; where flexible regulation is applied to the relevant index, the implementation rules for flexible regulation shall also be clearly defined.

Article 18 (Consultation and Publicity)

In the formulation process of regulatory plans, the organizing organs of formulation shall listen to the views of related professional management departments and experts.

Before regulatory plans to be submitted for approval, the organizing organs of formulation shall solicit public opinions by way of demonstration or hearing or with other methods. For soliciting public opinions, the organizing organs of formulation shall publicize the draft plans and relative explanations on their official websites and designated and readily accessible places. The publicity time shall not be less than 30 days. Advance announcements shall be made regarding the publicity time, specific places and ways of opinion solicitation via the official websites or by other means, among which, if the draft regulatory plans for the specific areas shall be publicized, announcements shall also be made in this Municipality's major news media such as newspapers, radio, or television in advance.

The organizing organs of formulation shall analyze the opinions of the relevant professional management departments, experts and the public, and shall attach in the materials submitted for approval the adoption of opinions and explanations.

Upon the approval of regulatory plans, the organizing organs of formulation shall make classified reply on the government's websites regarding the adoption of opinions and state the reasons for not adopting the opinions.

Article 19 (Municipal Planning Commission's Deliberation)

Before submitting regulatory plans for approval, the draft of regulatory plans and the opinion hearing and adoption of the professional management departments, experts and the public and so on shall be deliberated by the Municipal Planning Commission. The organizing organs of formulation shall modify and improve the draft of regulatory plans in accordance with the deliberations. Regulatory plans involving important matters shall be deliberated by the plenary meetings of the Municipal Planning Commission.

Article 20 (Plan Approval and Filing)

Regulatory plans shall be approved by the Municipal People's Government. 

The organizing organs of formulation shall, when submitting the plans for approval, provide the following materials:

1. the formulation report and explanations; 

2. planning results;

3. the Municipal Planning Commission's deliberation and the materials of modification;

4.materials of opinion hearing and adoption of the opinions of relevant professional management departments, experts and the public; and

5. other related accessories.

Regulatory plans shall be reported to the Standing Committee of the Municipal People's Congress for the record upon the approval of the Municipal People's Government.

Article 21 (Plan Announcement)

Except for those not to be made public by law, within 20 days after the approval of regulatory plans, the organizing organs of formulation shall make announcements to the public via government websites, and provide access to search at the public places of government information. Among them, announcements shall also be made in this Municipality's major news media such as newspapers, radio, or television regarding the publicity and search channels of regulatory plans in specific areas. 

The announcements of regulatory plans shall include the main contents of the planning approval document and planning results.

Article 22 (Planning Flexible Regulation)

Where flexible regulation is applied to the relevant index, the municipal and district/county planning administrative departments shall determine the planning specific regulation index according to the specific implementation rules in the texts of the detailed planning and the specifically applicable requirements of related technical guidelines, via the deliberation of experts and related professional management departments or by way of developing implementation programs of regulatory plans, and update the general plans in accordance with the relevant regulations.

Article 23 (Plan Modification)

The approved regulatory plans shall not be modified at random. The organizing organs of formulation may modify regulatory plans in accordance with their provided limits of authority and procedures under any of the following circumstances:

1. occurrence of changes in the urban and rural plans as the basis, and requests made for changes of the plans;

2. necessary modification of the plans owing to the adjustment of administrative divisions;

3. necessary modification of the plans owing to the major construction projects approved by the State and this Municipality; and

4. other circumstances that the approving authority considers shall lead to the necessary modification of plans.

Where regulatory plans are to be modified, the organizing organs of formulation shall demonstrate the necessity of modification, propose the plan modification scope, planning basis, planning references, purposes of plan modification and so on. And they shall also develop plan design programs for the key problems to be solved, clearly define the requirements for modification, work plans, and the relevant requirements for the necessary formulation or modification of the related special plans.

In the process of demonstrating the necessity of modifying regulatory plans, the views of the interested persons within the planned areas shall be solicited by way of hearing or with other means.

Thematic reports shall be formed for the demonstrating results of the necessity of modifying regulatory plans. Modification programs shall be formulated only after the approval of the Municipal People's Government.

Article 24 (Administrative Supervision)

The organizing organs of formulating regulatory plans failing to organize and formulate regulatory plans according to laws or making unauthorized modification of approved regulatory plans shall be ordered to make corrections within a limited time and criticized by circulating notices by the higher people's governments or by the superior planning administrative departments or the supervisory authority in accordance with the terms of reference; the related persons responsible shall be punished according to the law.

Article 25 (Technical Supervision)

The organizing organs of formulation may make a quality evaluation on the basis of the results of regulatory plans formulated by the formulating units and the evaluation results may be taken as a reference in the qualification management of the formulating units.

Article 26 (Social Supervision)

Citizens, legal persons and other organizations are entitled to supervising the formulation process of regulatory plans, and reporting the acts of violating these Procedures to the planning administrative departments or other relevant departments. 

The planning administrative departments or other relevant departments, upon receiving the reports of citizens, legal persons and other organizations, shall handle them in a timely manner, and notify the accessible informers of the handling in writing.

Article 27 (Effective Date)

These procedures shall be effective as of November 1, 2015. The Approval Procedures of Shanghai Municipality on the Drafting and Approval Process in Detailed City Planning promulgated by Shanghai Municipal People's Government on October 30, 1998, with its first amendment on April 1, 2002, and its second amendment on December 20, 2010, and re-promulgated by Decree No. 52 of Shanghai Municipal People's Government shall be repealed at the same time.