Regulations of the Shenzhen City on City Planning

Regulations of the Shenzhen City on City Planning

Announcement of the Standing Committee of the Third Shenzhen Municipal People's Congress No.16

March 31, 2001

(Adopted at the Twenty-second Meeting of the Standing Committee of the Second Shenzhen Municipal People's Congress on May 15, 1998 and revised according to "The Resolution on Revising of Article 8 of The City Planning Regulations of the Shenzhen City" passed at the Sixth Meeting of the Standing Committee of the Third Shenzhen Municipal People's Congress on March 22, 2001)

Chapter I General Provisions

Article 1 In order to make city planning scientifically, conduct urban construction rationally, strengthen city planning administration and environmental protection, and ensure the implementation of city planning, these regulations are hereby formulated on the basis of the City Planning Law of the People's Republic of China and the guiding principles of other laws and rules as well as in compliance with the practical conditions of the Shenzhen City.

Article 2 The city planning region of the Shenzhen City is referred to the administrative region of the Shenzhen City.
City planning within this administrative region shall be made and implemented according to these regulations.

Article 3 City plans shall be formulated in compliance with law, and may not be revised or repealed without legal procedure.
Land use and all constructions shall accord with city planning and submit to its management.
Infrastructure projects approved under city planning shall be incorporated into the Shenzhen municipal plan for economic and social development.

Article 4 City planning and construction shall follow the principle of sustainable development and promote economic, social, and environmental developments in coordination.
City planning and construction shall ensure public interests in a society and reflect the principle of social justice.
City planning and construction shall follow the principle to have land use economized and rationalized.

Article 5 The administration department of city planning of the Shenzhen Municipal People's Government (hereinafter referred to as "the Municipal Government") shall be the department responsible for city planning (hereinafter referred to as "the city planning department") and in charge of its implementation and management.
The representative offices of the municipal city planning department (hereinafter referred to as "the representative offices") shall be responsible for implementation and management of city planning within their respective administrative districts.

Chapter II City Planning Commission

Article 6 The Municipal Government shall establish a Shenzhen municipal city planning commission (hereinafter referred to as "the city planning commission"). The primary duties of this commission shall be as follows:
1. Examining the drafts of a city-wide overall plan, sub-region plans, and district plans;
2. Examining the selected locations of major projects which have not been approved and are still under consideration in city planning;
3. Assigning a task to make an annual statutory graphic standard;
4. Examining and approving a statutory graphic standard, and supervising its implementation;
5. Examining and approving special plans;
6. Fulfilling other duties authorized by the Municipal Government.

Article 7 The city planning commission shall consist of 29 members,including civil servants, related experts, and public figures. The number of civil servants among them shall not be more than 14. The commission shall have the post of a chairperson, held by mayor, and two vice chairpersons. The vice chairpersons and other members of the commission shall be appointed by the Municipal Government. Each term of the membership shall be 3 years.

Article 8 The city planning commission may set up committees specialized in development strategy, statutory graphic standard, construction and environment, etc. The city planning department shall discharge the routine duties of the city planning commission. With the commission's authorization, the committee on statutory graphic standard may examine and approve statutory graphic standards.

Article 9 The city planning commission shall have a meeting at least once every quarter at the call of chairperson or vice chairperson. The quorum for the meeting shall not be less than 15 and civil servants among them shall not be less than 8.

Article 10 Any resolution of the city planning commission shall be adopted by a majority of more than two thirds of attendants.

Chapter III Plan Formulation, Examination and Approval in City Planning

Article 11 Plan formulation shall go through five stages in drawing up of a city-wide overall plan, sub-region plans, district plans, statutory graphic standard, and detailed blueprints.

Article 12 The Municipal Government shall set standards and rules for the Shenzhen City's city planning as a primary technical foundation in plan formulation and implementation.

Article 13 The Municipal Government shall make a city-wide development strategy and direct the formulation of a city-wide overall plan.

Article 14 Based on the city-wide development strategy, the overall plan shall define the nature of the city as well as the goals and scale of its development; provide an overall layout for city development patterns within the city planning region, structural division of sub-regions and groups, allocation of land for urban construction, projecting of transportation system and city-wide infrastructural facilities, agriculture and environmental protection, the development and utilization of scenic resources for tourism; and set a basic framework for special planning.
The formulation of the city-wide overall plan shall be organized by the Municipal Government. Before examining the draft of the overall plan, the city planning commission shall make its contents public for 30 days and solicit suggestions form various circles and the public. The city planning commission shall seek and consider all kinds of opinions, and adopt those scientific and rational ones.
The city-wide overall plan shall be submitted by the Municipal Government to the Municipal People's Congress or its Standing Committee for examination and approval, and reported to the State Council after the Guangdong Provincial People's Government has checked and approved this plan.
After the State Council's approval of the city-wide overall plan, the Municipal Government shall make its summary public thorough the major media of the city.

Article 15 The Municipal Government shall make partial adjustments of the city-wide overall plan in accordance with the needs of the city-wide economic and social development, report these adjustments to the Municipal People's Congress or its Standing Committee as well as the Guangdong Provincial People's Government for the record, and make them public; any major change of the city-wide overall plan on the nature of the city, the scale, the direction of development and the overall layout shall be made in accordance with Article 14 of these regulations.

Article 16 All special plans made separately shall be in line with and subordinated to the city-wide overall plan. All special plans formulated by the responsible departments concerned shall go through the city planning department's comprehensive coordination and be reported to the city planning commission for examination and approval.

Article 17 A sub-region plan, formulated in compliance with the city-wide overall plan, shall direct the land use and all urban constructions within a sub-region. The area of a sub-city region shall be defined by the Municipal Government in accordance with the city-wide overall plan.
The sub-region plans shall be made by the city planning department, soliciting suggestions from the people's governments of districts and the related departments of the Municipal Government, and reported to the Standing Committee of the Municipal People's Congress for examination and approval after the city planning commission's scrutinizing has been followed by the Municipal Government's check and approval.

Article 18 A district plan shall be formulated in accordance with the requirements of a sub-region plan. The area of a district shall be defined by the city planning department based on the structural layouts of urban grouping set by sub-region plans, the divisions formed by topography and surface features such as rivers, hills and roads, and the administrative district divisions in combination.
The district plans shall be made by the city planning department or the representative offices, soliciting suggestions from the people's governments of districts and the related departments of the Municipal Government, and reported to the Municipal Government for examination and approval after the city planning commission's scrutinizing.
Any major adjustments of a district plan shall be reported for examination and approval to those offices originally in charge of examination and approval of the plan.

Article 19 A statutory graphic standard, formulated in accordance with district plans, shall further specify the nature of land use, development intensity, accessory facilities of all the sections within the districts.
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