improving spatial planning systems and development control...

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Improving Spatial Planning Systems and Development Control Mechanisms

Towards Sustainable Urban Development in Asian Cities

Tetsuo Kidokoro, Associate ProfessorNguyen Truc Anh

Tran Mai AnhDepartment of Urban Engineering

University of Tokyo

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BackgroundNeed of workable spatial planning

• Rapid urbanization in Asian countries

• Weak planning control• Formal developmets vs. Informal

developments• Environmental/cultural/social

sustainabilityFormal but unoccupied (Manila)

Informal but densely populated (Manila)

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Types of Spatial Planning Systems andTheir Inconsistency

• Inconsistency among planning approaches, local government systems and urban development policy (plan-led or market-led)– 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.

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Decentralization is needed to strengthen the planning capability in Asian Countries

Plan-led

Market-led

UKChina

GovernmentCentralized

GovernmentDecentralized

Korea

GermanyNordic Countries

Negative Control

Positive Control

Japan

North America Philippines

Vietnam

Indonesia

Detail Plan ApproachMaster Plan ApproachZoning Plan Approach

Thailand

France

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Different Approaches

Regional Plan City-wide Plan Development Control

China Urban systemPlan (conceptual)

City master plan (binding) Detailed plan

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

Philippines Zoning ordinance

(USA) State GrowthManagement Plan (some states)

Comprehensive plan(non-binding)

Zoning ordinance

Detailed plan approach

Zoning plan approach

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Different ApproachesRegional Plan City-wide Plan Development

Control

Japan Municipal master planZoning plan (do not cover whole communityDistrict Plan for specific areas

Permission based on zoning

Korea Metropolitan area Plan(*)

City master planZoning plan (covers whole community)District plan for specific areas (binding)


Thailand General Plan (do not necessarily cover wholeareas: binding)


(France) SCOT (metropolitan area)

Zoning Plan (PLU: covers whole Community, Detailed regulation in specific areas (binding)


Master plan approach

*: recently introduced

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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.

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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)

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Response to the MarketDevelopment Control for Formal Development

Planning and architectural control

Investment and financial control

Land use control

Agency incharge

Dept. of Architecture and Planning (HAPA)

Dept. of Planning and Investment (HAPI)

Dept. of Natural Resources and Env. (DoNRE)

Certificate Planning Certificate Investment Certificate Land use Certificate

Objectives Architectural planLand useBuilding code

Development planInvestment planBudget review

Land useHousingEnvironment

Check Items

Site recommendationBuilding linePlanned populationMaximum heightFAR, BCROther building standards

Development policiesInvestment incentive policiesBasic categories-FDI projects-State budget projects-Private projects

5 types o land processing-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)

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Response to the MarketCase of Ho Chi Minh City

• Ho Chi Minh City is introducing more market-oriented 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.

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Housing Development Projectsin Hanoi and Ho Chi Minh City, 2006

Source:DAP

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Informal Development

• Planning certificate: formal sector

• Building permission: individual building construction.– 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.

Population growth of Hanoi city

0

500

1000

1500

2000

2500

3000

3500

1990 1995 2000 2005

Popu

latio

n (0

00) New land law

1993

Urban pop.

Rural pop.

Picture: Tran Mai Anh

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Informal DevelopmentCase Study: Phu Thuong ward in Hanoi

• Case study was conducted in one of districts (Phu Thuong ward) in Hanoi.

– 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.

Phu Thung ward

Ciputra Project

Hanoi Master Plan 1998

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• 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– considered it not necessary,

complicated and time consuming (60%)

– refused by authority when applying for permission (40%).

– People are ready to pay penalty, which is so small compared to construction cost.

Result of the interview survey to 50 households in Phu Thong ward (2004)

02468

1012141618

Before 1995 From 1995-2000 After 2000

No- BuildingPermissionBuilding Permission

Before 1996 1996-2000 After 2000

Housing construction activities

Financial source for housing constructionFinancial for housing construction

0

2

4

6

8

10

12

14

16

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Before 1995 From 1995-2000 After 2000

SavingLoaninheritanceselling landLand compensation

SavingLoaninheritanceselling landLand compensation

Before 1995 1995-2000 After 2000

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• 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.

(2)

(3)

Original land owner

(1)

Household Speculator Informal sub-divider

Broker

Informal sub-divider HouseholdHousehold

Household Household

Broker

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• Lack of infrastructure and environmental degradation– Land conversion from plant

gardens or pond

• Small plot in difficult-to-access places surrounded by other plots– the average plot size from 70 to

100m2.– Large plots (larger than 500m2)

are often bought by speculators.

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Typical Informal Land Development Process in Urban Fringe Areas in Hanoi

Picture: Tran Mai Anh

Original plot with a pond and three houses (BCR = 15%)

(1) Pond filling, first land subdivision and cal-de-sac creation

(2) Second land subdivision

(3) Third land subdivision, transaction, cal-de-sac creation

Increased building density (BCR > 50%), number of cal-de-sacs, involved actors and land price.

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Conclusion

• Need of decentralization– There is a significant inconsistency among planning appraoaches, local

government systems andurban development policy in most of Asiancountries. 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.

improving spatial planning systems and development control...

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