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Improving Spatial Planning Systems and Development Control Mechanisms Towards Sustainable Urban Development in Asian Cities Tetsuo Kidokoro, Associate Professor Nguyen Truc Anh Tran Mai Anh Department of Urban Engineering University of Tokyo 1 Background Need of workable spatial planning • Rapid urbanization in Asian countries • Weak planning control • Formal developmets vs. Informal developments • Environmental/cultural/social sustainability Formal but unoccupied (Manila) Informal but densely populated (Manila) 2 Types of Spatial Planning Systems and Their Inconsistency • Inconsistency among planning approaches, local government systems and urban development policy (plan-led or marketled) – Detailed plan approach • Urban growth is to be managed by detailed plans under the local governments, but in reality, they cover only a part of urbanizing areas. • Most of Asian countries have had development-oriented centralized government systems and the management capablity of local governments is weak. Thus those planning approach have not functioned as designed. – Zoning plan approach • Urban growth is to be ragulated by zoning code formulated by local governments; exclusive regulation in nature of zoning code often caueses phasing out of the urban poor. Lack of capacity of local governments causes critical problems, too. – Master plan approach • Uniformly standardized regulation under centralized power can often regulate only weak minimun standards (negative control) in the country where the right of development belong to the individuals. 3 Decentralization is needed to strengthen the planning capability in Asian Countries Plan-led Germany Nordic Countries Government Decentralized UK China Vietnam France Korea Government Indonesia Centralized Japan Detail Plan Approach North America Thailand Philippines Market-led Master Plan Approach Zoning Plan Approach Negative Control Positive Control 4 Different Approaches Detailed plan approach Regional Plan City-wide Plan Development Control Detailed plan China Urban system Plan (conceptual) City master plan (binding) Vietnam Regional plan (not implemented) City master plan (non-binding) Detailed plan Indonesia Provincial spatial plan City master plan (non-binding) Detailed plan (Germany) Regional Plan (State) F-plan (land use plan; non-binding) B-plan (detailed plan) Regional Plan City-wide Plan Development Control Zoning ordinance State Growth Management Plan (some states) Comprehensive plan (non-binding) Zoning ordinance Zoning plan approach Philippines (USA) 5 Different Approaches Master plan approach Regional Plan Japan Korea Metropolitan area Plan(*) *: recently introduced Thailand (France) SCOT (metropolitan area) City-wide Plan Development Control Municipal master plan Zoning plan (do not cover whole community District Plan for specific areas City master plan Zoning plan (covers whole community) District plan for specific areas (binding) Permission based on zoning General Plan (do not necessarily cover whole areas: binding) Permission based on zoning Zoning Plan (PLU: covers whole Community, Detailed regulation in specific areas (binding) Permission based on zoning Permission based on zoning 6 Case Study in Vietnam • The change to a multi-sector economy since the Economic Renovation (Doi Moi) 1986. • The Land Law in 1993 (Revised in 1998): a legal basis for land allocation and lease and secured land use rights promoted urban development significantly. 7 Limitation of Development Control • Sectoral planning based on planned-economy style production elements (investment, land, infrastructure). – Investment: Comprehensive Economic and Social Development Plan – Land: Land Use Plan – Infrastructure: Urban Construction Plan • Unclear relation and coordination of sectoral plans – It undermines the efficacy of plans because arbitrary decisions by different Departments could be made at the project-by-project basis. – 50 % of developers answered that the costs for obtaining the certificates amounted even 30 % of total costs. (our interview survey to the 40 developers : 25 in Hanoi and 15 in Ho Chi Minh City in 2005) 8 Response to the Market Development Control for Formal Development Planning and architectural control Investment and financial control Land use control Dept. of Architecture and Planning (HAPA) Dept. of Planning Investment (HAPI) Dept. of Natural Resources and Env. (DoNRE) Certificate Planning Certificate Investment Certificate Land use Certificate Objectives Architectural plan Land use Building code Development plan Investment plan Budget review Land use Housing Environment Check Items Site recommendation Building line Planned population Maximum height FAR, BCR Other building standards Development policies Investment incentive policies Basic categories -FDI projects -State budget projects -Private projects 5 types o land processing Agency charge in and -Free allocation (Decision 68-100/QD-UB) -Biding (Decision 91/QD-UB) -Land lease (Decision 68-100) -Buying in the market -Rezoning (from agriculture to urban) (Decision115/QD-UB) 9 Response to the Market Case of Ho Chi Minh City • Ho Chi Minh City is introducing more marketoriented approach. – One-stop service management board is created, which provides a simplified procedure for the project application. – Sites for projects are recommended by the Ministry of Construction, in Hanoi, while this process is abolished and the private developers can select the project sites on their own in Ho Chi Minh City. – The result is clear: most of housing development projects have been conducted by state owned developers in Hanoi, while small-scale private developers are promoted in Ho Chi Minh City. 10 Housing Development Projects in Hanoi and Ho Chi Minh City, 2006 11 Source:DAP Informal Development Population growth of Hanoi city – Development control based on building permission is effective only when detailed plan is available. – Yet, detailed plan (scale 1:500) is not available for most of urban areas. – Thus, there is no clear basement for guiding and controlling development in those areas. 3500 3000 Population (000) • Planning certificate: formal sector • Building permission: individual building construction. New land law 2500 Urban pop. 2000 1500 1000 Rural pop. 500 0 1990 199 1995 3 2000 2005 12 Picture: Tran Mai Anh Informal Development Case Study: Phu Thuong ward in Hanoi • Case study was conducted in one of districts (Phu Thuong ward) in Hanoi. Phu Thung ward – located at the north-western edge of Hanoi – suddenly became a booming area after foreign-invested Ciputra project was approved and allocated on 400ha of rice fields of Phu Thuong ward in 1996. Ciputra Project Hanoi Master Plan 1998 13 Informal Development Case Study: Phu Thuong ward in Hanoi • 42% sold a potion of their lands. Land is also subdivided for children • 68% of households have had construction activities since 1996. • More than 50% without building permission 18 16 14 12 10 8 6 4 2 0 Housing construction activities No- Building Permission Building Permission Before Before 1996 1995 1996-2000 From 1995-2000 After After 2000 2000 Financial source for housing construction – considered it not necessary, Financial for housing construction complicated and time consuming (60%) Saving Loan – refused by authority when applying inheritance for permission (40%). selling land – People are ready to pay penalty, Land compensation which is so small compared to construction cost. 18 16 14 Saving 12 Loan 10 inheritance 8 selling land Land compensation 6 4 2 0 Before 1995 Before 1995 From 1995-2000 1995-2000 After 2000 After 2000 14 Result of the interview survey to 50 households in Phu Thong ward (2004) Informal Development Case Study: Phu Thuong ward in Hanoi • Land brokers – Some people collect land information and become. • Speculators – typically, 50% left their plots idling for years • Formal land ownership – 90% of households have Red Books (land title registration): the Land Use Right (LUR) grant program applied in 1993. • Informal land transaction – 60% of land buyers still keep their household registrations at inner cities of Hanoi and the previous land owners are, on the paper, still the Red Book holders. Original land owner (1) Household Speculator Informal sub-divider (2) Broker Informal sub-divider (3) Household Household Household Broker Household 15 Informal Development Case Study: Phu Thuong ward in Hanoi • Lack of infrastructure and environmental degradation – Land conversion from plant gardens or pond • Small plot in difficult-toaccess places surrounded by other plots – the average plot size from 70 to 100m2. – Large plots (larger than 500m2) are often bought by speculators. 16 Typical Informal Land Development Process in Urban Fringe Areas in Hanoi Original plot with a pond and three houses (BCR = 15%) Picture: Tran Mai Anh (1) Pond filling, first land subdivision and cal-de-sac creation (2) Second land subdivision (3) Third land subdivision, transaction, cal-desac creation Increased building density (BCR > 50%), number of cal-de-sacs, involved actors and land price. 17 Conclusion • Need of decentralization – There is a significant inconsistency among planning appraoaches, local government systems andurban development policy in most of Asian countries. Decentralization is a key to enhance the efficacy of spatial planning in all of three approaches. • Need of streamlining development control process – Facilitating small-scale and affordable housing developments with proper planning consideration is an urgent agenda in rapidly urbanizing countries. Complicated, overlapped and sector-based development control process is an apparent obstacle. – One-stop and flexible transparent consultation system should be introduced. • Need of introduction of regional coordination process – In response to the formation of city-region under globalization and environmental conservation, regional coordination process in planning is becoming an important agenda, yet, few of Asian countries are not yet prepared to respond to this issue. 18