土地发展权视角下纽约公共空间规划管控研究

Research on the Planning Management and Control of Public Space in New York from the Perspective of Land Development Rights

借助土地发展权的理论视角,揭示纽约区划对公共空间的管控逻辑、手段,为国内公共空间规划管控提供借鉴。通过搜集纽约区划决议中关于高线公园规划管控的文件,梳理公共空间的管控逻辑、管控要求及手段。发现区划决议从土地发展权分配、土地发展权转移、土地发展权奖励三方面实现了公共空间的规划管控。结合国内目前的土地产权制度与规划改革、控规对公共空间管控方式与实施管理,从土地使用权益赋权、公共空间管控要求、发展权修正补偿手段三方面提出相应的对策建议。

From the planning management and control of public spaces,the goal of the management and control of public spaces during the increment stage is often determined by statutory plans,such as controlling detailed plan.Some quantitative index requirements,such as"space distribution","green space ratio","green land area",and"compatibility requirements"are determined.In the stock stage,the public space planning management and control shifts from determining how the space should be planned to attempting to guide and implement space planning.In secondary development and utilization of urban lands,management of public spaces is faced with complicated cost-benefit analyses for land property rights.From the theoretical perspective of land development rights,the logic behind land development zoning control in New York were disclosed.In fact,traditional zoning which was determined in 1916 did not offset damages to public interests brought by property rights subjects’pursuit for maximal land development profits.In 1961,the New York Zoning Resolutions introduced incentive zoning,and the rewards offset the damages caused by public interests to land development rights.In 1968,the Landmark Protective Law in New York not only further introduced systems such as transferrable land development rights and the purchase of land development rights,but also perfected a means of zoning control based on the transaction of land development rights.In this study,management logics,management requirements,and types of public spaces in the High Line Park under zoning influences were reviewed by searching relevant planning and control documents in the New York Zoning Resolutions.It found that new overlayers zoning of land development right allocation was established in the New York Zoning Resolutions.It realized planning management and control of public spaces in High Line Park from three perspectives:land and space development control requirements,transfer of land development rights,and rewards of land development rights.On one hand,the zoning established requirements for land development and utilization as well as three-dimensional morphological management of different subzones according to the"empowerment-management"logic,and determined the floor area ratio(FAR)transfer corridor,as well as the improvement and reward area in High Line Park.Moreover,the FAR transfer rules of roll-out lands and roll-in lands were determined,and preconditions for reward of land development rights were set by establishing a transaction market.Finally,to describe in detail the planning of public space control modes and implementation management,three suggestions for planning management and control of public spaces were proposed in this study,contextualized by the reformation of the current land property rights and planning management systems in China.Firstly,it is necessary to develop awareness of protecting land property rights during the planning of public space control,establish the planning management and control logics of"empowerment-control",and guide land use values to align with public values.Secondly,existing methods in public space control must be enriched in existing planning to form more elaborate three-dimensional space control requirements.Thirdly,a compensation and reward mechanism for land development rights is suggested to be established under the requirements of planning management and control.Moreover,it should introduce transfer,reward,and transaction mechanisms for land development rights and optimize market resource allocation in land development.