城市更新和规划革新——《深圳市城市更新办法》中的开发控制

URBAN RENEWAL AND PLANNING REFORM:CONCEPT OF DEVELOPMENT CONTROL IN THE ADMINISTRATIVE MEASURES ON URBAN RENEWAL OF SHENZHEN

为回应土地紧缺及粗放开发带来的环境问题,深圳市政府于2009年10月发布了《深圳市城市更新办法》,对不同类型、不同程度的更新改造活动做出规范。本文对《更新办法》的内容和三年来的实践进行分析,认为在其针对的主要问题当中,建成环境的衰败并不处在关键地位,更重要的是建设土地的循环使用。《更新办法》的颁布,一定程度上缘于现有土地使用政策及规划机制未能给城市再开发提供有效管理。《更新办法》尝试围绕开发权的界定和开发权的控制,从规划角度对土地开发秩序和开发收益进行管治,具有制度意义。

The Administrative Measures on Urban Renewal of Shenzhen was enacted in 2009 by the local government of Shenzhen as a response to the pressure on urban land shortage and the environmental concerns caused by current development mode. The Measures designates areas eligible for redevelopment, and provides regulations for different types of activities ranging from rebuilding to refurbishing built-up areas. This paper analyses the content of this document and studies the evidences gathered during the process of its implementation. It argues that fighting the urban illness is not the primary concern for this policy document; it is thus not relevant to most of the urban regeneration theories and strategies derived from the western context. Rather, it is to liberate locked- up urban spaces for redevelopment by means of specific policies. The need for such measures reflects a certain insufficiency of the planning mechanisms, which is conditioned by current land laws relevant to the management the redevelopment of urban land. By modifying the pre-requisites for development rights, and applying the concept of developmentcontrol in the planning system, the Measures as an experimental scheme has a prospect of exceeding its current role from a special licensing policy to an institutional solution to land problems. It should be explored as a pragmatic way to build a reformed planning practice based upon a clearer definition of property rights and equipped with effective means in steering rather than hosting spatial development.