| 摘要: |
| 国土空间用途管制是国土空间规划
实施的关键环节和国土空间开发与保护的核
心制度。建设项目用地合规性审查是国土空
间用途管制制度改革的重要内容。过去由于
城乡规划和土地利用规划的管控对象和机制
不同，造成建设项目在规划审批上存在较多
不协调，带来建设项目难以落地的问题。随
着国土空间规划体系建立和实施，在“多规
合一”和全域全要素管控要求下，如何建立
统一的建设项目用地合规性审查机制是各级
自然资源管理部门关注的重点问题。本研究
在梳理过去城乡规划和土地利用规划管控机
制特点的基础上，对新时期国土空间体系下
建设项目用地合规性审查机制进行了探索，
提出基于总—详分层，城镇开发边界内外差
异化的项目用地管控思路，并建议按技术修
正、一般调整和重大调整等情形分类确定项
目用地规划调整方式，为我国国土空间用途
管制制度完善提供思路建议。 |
| 关键词: 国土空间用途管制 国土空间规
划 总—详分层管控 建设项目 审查机制 |
| DOI：10.13791/j.cnki.hsfwest.20231018001 |
| 分类号: |
| 基金项目:广东省自然资源厅科技项目（GDZRZYKJ2023008）；广东省城市感知与监测预警企业重点实验室基金项目（2020B121202019）；广州市城市规划勘测设计研
究院有限公司基础研发型项目（RDI2220202129） |
|
| Research on land-use review mechanism of construction project based on total-detailedhierarchical control idea |
|
DENG Mulin,ZHU Jiang,OUYANG Xiaofu,ZHOU Yilin,XIA Jianqin
|
| Abstract: |
| Territorial space use control is a key link in the implementation of territorial space planning
and the core system of territorial space development and protection. In the territorial space planning
system, the compliance review of construction project land use is the top priority in the reform of the
territorial space use control system, which is directly related to the rational use of territorial space and
the smooth implementation of construction projects. Looking back, due to the differences in the
objects and mechanisms of control between urban and rural planning and land use planning, although
there is connection and complementarity in the review of construction land, the problem of
overlapping is also relatively prominent, which has brought many obstacles to the implementation of
construction projects. For example, some construction projects that comply with the urban and rural
planning are difficult to advance due to the restrictions of the land use planning, or vice versa,
resulting in cumbersome project approval procedures, prolonged time, and even some projects being
forced to be shelved. The overall land use planning is based on the annual plan indicators, and takes
the “land type + construction land control zone” in the lowest-level planning as the basis for the
review of construction project land use. Through the management of major use categories and the
flexible control of layout, as well as the differentiated planning review and modification mechanism
established according to the type of construction project, the effective allocation of land resources is
realized. Urban and rural planning adopts the hierarchical control mode of “master plan + detailed
plan (village plan)”, focusing on the public welfare and implementing the differential land type
control for cities, towns and villages to meet the development needs of different regions. Under the
framework of territorial space planning, the “zoning-classification” territorial space use transmission
mechanism has been established, and the land use control elements cover control lines, planning
zones, land use classification and other aspects. In this context, this study proposes that the
compliance review of construction projects under the territorial space planning system should
implement the strategy of hierarchical, zonal and classified control. In terms of hierarchical control,
the master plan and the detailed plan have different focuses on the content of land use control. At the
master plan level, the compliance review is carried out in the way of “ ‘three lines’+planned land use+
planned zone” of the lowest-level territorial space master plan, and it is taken as an important basis
for the review of land use approval, which helps to control the utilization direction and layout ofterritorial space from a macro perspective. At the detailed plan level, for the area within the urban development boundary, the focus is on the review of other
planned land types except the public welfare land, and the land type and use compatibility of the regulatory detailed plan shall be strictly implemented to ensure
the orderly progress of urban construction; outside the urban development boundary, the focus is on the review of the compliance of the construction land use in
the village planning to ensure that the rural construction meets the actual needs of rural development. Zonal control reflects the differences in the access
conditions and control methods of projects inside and outside the urban development boundary. When the use of the construction project meets the requirements
of the compatibility of the planned land type, it can be regarded as complying with the master plan; outside the urban development boundary, the master plan
carries out the use control according to the “access catalogue + planning zone”, which not only considers the functional orientation and development needs of
different regions, but also can effectively guide the reasonable layout of the construction project. Classified control implements targeted control measures for
different land types and different types of construction projects with different intensities, and establishes a flexible planned land type adjustment mechanism.
For the situation involving the adjustment of the land type in the master plan, it can be classified and adjusted according to three different situations: technical
correction, general adjustment and major adjustment, making the control more flexible and accurate. This study inherits and integrates the characteristics of the
two-level control of urban and rural planning and the zonal control of the overall land use planning, fully reflects the characteristics of “integrating different
plans into a single master plan”, makes the territorial space planning more coordinated and unified. At the same time, this control strategy also better adapts to
the trend of combining rigidity and flexibility and hierarchical control of territorial space planning and the needs of planning implementation and management,
provides operable ideas and suggestions for the improvement of China’s territorial space use control system, and helps to further improve the scientificity,
rationality and effectiveness of territorial space use control and promote the high-quality development and protection of territorial space. |
| Key words: territorial spatial usage regulation territorial spatial planning total-detailed hierarchical control construction project review mechanism |
