Basis for determining that the project is suitable for construction planning
The approved general planning project of a city in the province or town is the basis for making zoning planning, detailed planning of areas and formulating investment projects on construction of frame technical infrastructure in urban areas.
In the process of researching, formulating and appraising project investment policies, Mr. Hoang Duc Linh's unit (Vinh Phuc) encountered some situations as follows:
1. According to the general planning on construction of Vinh Phuc urban area approved by the Prime Minister, the land area to be implemented is defined as public land or simply stated as mixed land. However, according to the zoning and detailed planning approved by the Provincial People's Committee, the land area is determined to be the land of the head office and other land.
Mr. Linh asked, when implementing the project of the office, is it understood that it is in accordance with the construction planning (especially the planning approved by a higher level)?
2. According to the general planning for urban construction of Vinh Phuc approved by the Prime Minister, the proposed route has a cross-sectional plan of 24m (for example: B base = 24m, B side = 15m, B side = 2 x 4.5m). However, according to the approved zoning plan, the proposed road has a larger cross-sectional plan (for example, 36m) or the structure in the cross-section also changes compared to the urban construction general plan ( for example B background = 24m, B side = 15m, B side = 2 x 3.5m, Bpcg = 2m).
While the project proposes the investment scale according to the zoning planning and detailed planning, is the proposed scale above considered suitable for construction planning (especially the planning issued by the Government higher than approved)
The Ministry of Construction responded to this issue as follows:
Pursuant to Section 4, Article 26 of the 2009 Law on Urban Planning: “The approved general planning project of a city in a province or town is the basis for formulating zoning planning, detailed planning of areas, and making detailed plans for urban planning. investment projects on construction of frame technical infrastructure in urban areas”.
Therefore, the zoning planning or detailed planning to determine the land use function must be based on the approved general plan of the superior; However, the question is not clear whether the project is the headquarters of a State agency, a political organization, a social organization or another object, based on Clause 4, Article 14 of the 2009 Law on Urban Planning. with the Provincial People's Committee for answers.
Urban traffic planning in the general planning project (approved) only identifies the urban road network (to the main street of the area); Therefore, the exact determination of the specific cross-section and alignment will be studied in specialized plans, lower-level planning and construction investment projects.
The compliance with the superior planning must be based on the planning documents of each level; When formulating, appraising and approving, functional agencies will base on superior planning, standards and other relevant regulations to consider the suitability and decide on approval.
By: Translator: LeAnh-Bizic
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