Spatial planning policy: implementation, impact and effectiveness

Editor's note 20Mar14: Source D142-7.

The PRC Land Administration Law (Presidential Decree No. 28) is the legal basis for spatial planning policy "in order to strengthen land management, socialist public ownership of land, protection, development of land resources, rational use of land, protection of arable land, and promotion of sustainable economic and social development".

The Land Administration Law responds to the huge demand for land for economic development in China, under the general national policy goals of equalizing the allocation of land resources so that different regions have the equal opportunity to promote their development. It also includes various goals with regard to improving quality of life and available infrastructure as well as various environmental objectives (limits to development, natural and cultural heritage, management of natural resources etc.)

As an attempt at urban planning, the law proved inadequate to reign in subsequent development of the national economy. For example, urban demand for housing spawned the rapid development of real estate despite the Central Government favouring the limitation of urban sprawl and regulating real estate developers. Development on public lands often encroaches on lawful private property.

Formal policy actors are primarily national.

Spatial planning formal policy actors according to governance level

Source: authors

Sustainable development policy has many factors, but generally speaking, regional planning is bound by the country's overall strategy:

• the goods between different regions should exist interdependently;
• the importance of transportation and other infrastructure;
• protection of resources and cultural heritage;
• regional sustainable development strategy must be consistent with national planning.

Seen in this light, policy implementation as a local tool is very limited. A department authorized by the Central Government needs to be established in order to exercise the power to implement the policies. When necessary, this department could exercise power on behalf of the Central Government as well as coordinate between different departments. Regional spatial planning is launched by central ministries, not local governments. Because local authority is at a disadvantage, valid execution may be difficult to achieve. This may result in low efficiency or legal conflict, forcing the central authority to intervene.

Planning and economic policies are closely related because the Constitution obligates support for economic development to promote other policies. Budgets of other central departments (such as education, industry, farming and energy) cannot reduce the prioritization of the economy, and it is difficult to make concessions to economic policy for environmental and social aspects. Thus, it is not surprising that a single land planning policy cannot become a way to mitigate land use conflicts.

Spatial planning policy: implementation

Local planning policy is implemented by local governments in cooperation with the Ministry of Land and local land inspectorates. In 2012, the Ministry issued policies to strictly protect arable land titled the "national land remediation plan (2011-2015)", “construction standards of basic farmland", "new construction land use fee funds management act” and other policy documents.

Meanwhile, the planning department expressed the desire for more land use rights by drafting documents for higher-level government departments, and eventually the Ministry of Finance issued a paper for approval. Land use was considerably limited. Based on the current situation, the Zigui case study site has done everything possible within the policy framework.

The Regional Planning Board oversees the implementation of policies and exercises control on local government.

The Sustainable Development Master Plan (outline) is the main planning instrument. With regard to Zigui:

• Difficulties were identified in development of special industries as agricultural product sales depend on consumer demand in other cities.
• Outflow of labor has resulted in a lot of uncultivated land which was then built-up. Although, construction can boost local GDP, this growth cannot be infinitely expanded;
• Local governments in less developed areas generally do not attach importance to the status of agriculture, and the planting area is shrinking. Poor transportation restricts sales of organic crops.
• Special focus is placed upon protection of the local environment, the establishment of a Cultural Tourism Development Zone, housing reform, the management of protected natural areas and the prevention of deforestation and desertification.

Zigui is identified as an exporter of agricultural products, with particular focus on the citrus production, processing and distribution. Idle land is zoned to citrus groves in order to avoid permanent occupation.

Tenure remains insecure: if the Government needs to develop a new plant or a new residential area, agricultural land is likely to be recovered by the Government. This insecurity prevents farmers from contracting land, a common and countrywide problem.

Planning policy will not consider overlap with other policies. For regional development, however, good planning is a basis for transportation, industrial, construction, logistics, tourism, and other fundamental sectors.

Spatial planning policy: impact

Planning policy impact on Zigui is significant: as regional urban agglomeration development plans are implemented, industrial and urban land increases at the expense of arable land. Recent developments in Zigui indicate that industrial and urban land has become a constraining regional economic development problem. Facing the threat of food reduction, China has addressed the problem by increasing imports, while marginal land continues to be converted.

Spatial planning policy: effectiveness

National land policy is intended to mediate land conflicts, but the validity of the law has been challenged in Zigui and policy effectiveness is limited, as environmental objectives are overlooked, particularly during implementation.

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