基于公共健康的开发控制研究

Research of Development Control Based on Public Health

回顾现代开发控制的起源、建立与发展,梳理了现代开发控制的制度框架,指出开发控制通过四种方式促进公共卫生与健康:规划法规建筑条例控制,城市规划与用地布局引导,行政许可提前干预,协议性条件的应用。然后,对比国外现有的实践与理论,分析我国现有开发控制制度的困境并提出了优化建议:一是完善与公共卫生相关的城乡规划管理条例和建筑条例;二是提出"卫生约"的理念,并据此调整规划的编制技术体系;三是提出"建筑使用"许可制度;四是优化土地出让及规划许可条件。

By reviewing histories,the current study highlights that development control promotes public health in four ways:control with planning and building regulations,guidance by urban planning and land use,advance intervention with administrative license,and application of contractual conditions.Firstly,the British public health laws were comprehensive,which endowed local governments with extensive powers and responsibilities and constructed the modern development control system prototype.Regulations on urban planning and construction emphasise the mandatory requirements for material space in the public health laws while deepening and adjusting as the public proposes increasingly higher requirements on environmentalfriendly cities.Moreover,this is the bottom line to protect public health.Secondly,development projects are implemented extensively in space while considering the overall interests of a city functioning with public health issues,thus promoting the birth of modern urban planning.As cities develop,urban planning gradually forms different planning levels,such as regional planning and community planning to meet the needs of healthy cities.Thirdly,the British Public Health Act 1875 proposed that slaughterhouses post licensing notices and establish an embryonic form of the administrative licensing system for buildings.It has gradually become a typical institutional arrangement to intervene in development activities in advance through requiring an administrative license.Many countries have established license systems for planned land,construction projects and buildings.Fourthly,the development control in many countries has changed from rigid control to consultation and arbitration as a response to public health in physical spaces transforming to the concept of a healthy city with sustainable development.Such control provides institutional tools for coordinating social interests and enforces that social obligations,such as public space,public facilities,medical and health facilities,are included while planning conditions.System design effectively promotes social justice and integration,improves the environmental quality of public health,and imbeds the potential of social governance.Presently,however,China’s development control is challenged,meeting the goals of healthy cities.Firstly,there is a lack of legislation.Without comprehensive public health laws as the basis,urban and rural planning management and construction regulations do not consider the public health environment,so healthy city outcomes are restricted.Secondly,public health is independent of urban planning,focusing on the medical and health needs in the average period.It also lacks detailed inclusions of the overall layout of public health emergencies.Thirdly,the planned use control lacks provisions describing land-use behaviours.Fourthly,the current system lacks compliance inspections to monitor the actual use of the building and the planned use,facilitating a hidden danger for public health events.Finally,the existing development control is relatively narrow,which simplifies the requirements of human settlements into the arrangement of medical services and environmental-friendly facilities.Nevertheless,the institutional design of agreed conditions is typically ignored.The optimisation of a development control system for public health should include four aspects:(1)Improve the standards for environmental pollution control of buildings and spaces;(2)Form the zoning control and planning model of a"health block";(3)Establish a licensing system of"building use",and(4)Optimise conditions for land transfer and planning permission.