基于权利救济制度缺陷的城乡规划申诉机制构建初探

城乡规划作为政府对空间资源配置的公共政策,在形成与实施的过程中必然对不同利益主体的权利进行再分配,强势公权力对弱势私权利的侵害不可避免.因此,当代城乡规划应该重视对私权利的保护和救济,积极构建城乡规划申诉机制,弥补城乡规划权利救济制度存在的缺陷,保障公民权利,妥善处理好城乡规划工作公平与效率之间的关系.     

Transfer of development rights as an institutional innovation to address issues of property rights

Many densely populated cities face the issues of limited usable urban land, and the redevelopment process may threaten the built heritage. Government, in serving the public interest, often intervenes through administrative or regulatory means in the conservation of these privately owned heritage buildings during urban renewal, even though such intervention may violate private property rights to different degrees. Yet, the general law of most developed and developing countries, though in different forms, is meant to protect private property rights. So, it is important to devise a fair and workable mechanism, supported with an innovative institutional arrangement, to control development of privately owned properties. Transfer of development rights (TDR) is one institutional innovation that can balance the conflict between public and private interests to supplement the defect of planning law. Before using TDR to address the property rights issues, there are some concerns that need debating. These include: whether development rights are property rights or not; the impact of conservation on property value; and the role of TDR on property rights, compensation or mitigation of the affected property. This research study begins by analyzing the relationship between property rights and development rights, and exploring how property rights, planning law and TDR interact with each other. It then takes Hong Kong as a typical example among the dense cities to examine the TDR programmes for built heritage conservation and identify the challenges of TDR. Due to the institutional-based characteristics of TDR, the research utilizes a comparison of TDR in Hong Kong with those in other jurisdictions from the perspective of property rights to extend the research result to wider application. The most recent controversial court case in Hong Kong (the ‘Hysan’ case) is discussed to illustrate the intricacy and controversy evolving around this issue. Finally, the research proposes strategies for the improvement in TDR, based on Hong Kong and overseas experiences from the perspective of legislative amendments, protection of property rights and of other stakeholders’ rights.     

亚单元3，科英布拉，葡萄牙

亚单元3教学楼是科英布拉大学医学学院为辩论教学而设计的。设计任务书包括了一系列的空间和功能, 分散于或多或少地向公共开放的多个组成部分中。大空间包含了更多公共功能的空间,比如图书馆、礼堂以及餐厅;还有公共性稍弱的空间,比如,用于实践课的大型实验室或教室;更为私密的空间则比如教授职员办公室。这些空间的尺度及开放程度形成了一条螺旋上升的     

Let’s meet at Citicorp: can privately owned public spaces be inclusive?

In US cities ‘privately owned public spaces’ (POPS) are spaces, indoors or outdoors, that are owned and managed by the private sector and by law are accessible to the public without payment. In exchange for providing these ‘bonus’ spaces, developers are permitted to build larger buildings than would otherwise be permitted under local zoning ordinances. In actuality, POPS are not always easily accessible to the public and are often criticized for their exclusive character. Researchers have studied the variation in the design, management and use of POPS but without the benefit of an explicit operational definition of exclusivity. Nor, in recent studies, have they differentiated between the observed use of the space and features of its location, design and management. The study reported in this paper addresses these concerns. It outlines a series of empirical questions to measure exclusivity and presents findings from field observations of interior bonus spaces in Manhattan and from interviews with managers of these spaces. Levels of diversity of users and activities were higher than expected, resulting from particular design features and management practices. The observed group activities indicate that virtual communication, rather than detracting from face-to-face communication in public space, can support and enhance it.     

Fences,private and public spaces,and traversability in a Siberian city

Segregation, exclusion and partitioning of urban space are widely discussed in social sciences. Thus far, however, remarkably few studies have addressed micro-practices of dividing space. This article explores such practices in private and public spaces of a post-socialist city. It sets the focus on fences as a particular structuring element of urban space, examining both their material and symbolic meanings. Using Yakutsk, a city in north-eastern Siberia, as an example, we explore a twofold hypothesis. First, has the post-socialist condition brought about a growing awareness of individual space and, furthermore, an extension of private space? Second, can we assume that houses and their surroundings, in particular fences, walls and hedges, serve as means of displaying social status? An examination of these questions requires a typology of buildings and neighbourhoods. Significant are the differences between apartment-building areas and private-property neighbourhoods across the city with regard to the use and materiality of fences, notions of private space, and the web of shortcuts within the urban grid. Drawing on the work of anthropologist Alexei Yurchak, we finally discuss the concept of traversability of contemporary urban space.     

Types of suburbs in post-socialist Poland and their potential for creating public spaces

The aim of this article is to distinguish types of the suburbs that are typical for post-socialist European countries. The typology organizes the variety of suburban forms according to the degree to which they favour the creation of public spaces, or the access to such spaces in the city or nearby town. A new typology is based on six criteria: (1) the level of neighbourhood (spatial scale), (2) the time when the neighbourhood was erected, (3) spatial interaction with the nearest town/city, (4) the prevailing type of investment, (5) street layout, (6) access to the city centre by public transport. Suburbs are diversified in terms of their potential for the establishment of public spaces. It has been proved that individual housing in the form of neighbourhoods which are planned, densely populated and based on street grid is the most preferred type from the perspective of building social capital. The typology was developed for Warsaw Metropolitan Region, although it may be applied also in the research of post-socialist countries other than Poland and urban regions within them.     

Governance structures and their impact on tariff levels of Brazilian water and sanitation corporations

This study analyzes the effect of governance structure on the tariff levels applied by Brazilian corporations of water supply and sanitation. It aims to contribute to the traditional debate of public versus private management, and to determine the effect of regulatory structure on tariff levels. The results first show that, when jointly considered, the water supply and sanitation tariff levels are higher for privately managed corporations. Second, we have found that a corporation regulated by a local agency or a regional agency does not exhibit significantly lower tariff levels than unregulated corporations. Finally, the results indicate that the use of the rate of return and price cap/revenue cap regimes do not provide tariff levels lower than those set via negotiation with the municipality.     

Restricted Mobilities: Access to,and Activities in,Public and Private Spaces

Privatization of public spaces in the contemporary city has increased over the past few decades, but only a few studies have approached this trend from a mobility perspective. Therefore, this article seeks to make a contribution to the field by exploring two Australian examples of private spaces in the city, gated communities and shopping centres, through the ‘mobility’ lenses. The article illustrates how different mobility systems enable and/or restrict public access to private–public spaces, and it points out that proprietary communities create an unequal potential for human movement and access in the city. The main argument in the article is that many mobility systems enable specialization of places that are targeted at a special section of the population. This means that various forms of mobilities (e.g. automobility, virtual mobile communication technologies) not only create new opportunities for urban life, but also serve as one of the most critical components in the production of new exclusion and stratification. In conclusion, the article therefore suggests that future urban research and planning also need to apply the mobility perspective in order to understand the mechanisms between flows of movement and the understanding fixed spaces in the cities, and how different mobility systems play an important role in sustaining the exclusiveness that often characterizes private/public spaces. Likewise, from a mobility perspective, the specific consequences that the proprietary communities have on the surrounding communities seem to be an important further question for research and planning.     

FROM A PUBLIC RE-CREATION TO PRIVATE RECREATION: The Transformation of Public Space in South Street Seaport

ABSTRACT: This article documents the development process involved in transformating South Street Seaport, on the east side of Lower Manhattan, from an open-air museum and public space to a privately controlled and commercialized space. It criticizes the “Disneyfication” literature that has attempted to describe this type of transformation for its focus solely on the designs of spaces—and not on their social production. The article then describes the political and economic forces that have led to the production of spaces like South Street Seaport in American cities in the last 20 years. It concludes by discussing the nature and role of public spaces in democratic societies.     

The Mixed-Use Sidewalk

Problem, research strategy, and findings: Around the globe, streets and sidewalks in cities are being contested as spaces that should be used for more than transportation. This article challenges our understanding of both property rights and public space by applying a property rights framework to situate sidewalk use debates. It analyzes and maps the sidewalk property regimes of Ho Chi Minh City, Vietnam, through a novel integration of surveying and ethnography. The case illuminates the feasibility of a mixed-use sidewalk that can be shared between various kinds of uses and users. A mixed-use sidewalk that is both cooperative and livable is possible if planners incorporate time into planning space in order to expand the sidewalk's flexibility and if local society can renarrate and enforce new legitimacies on the sidewalk.

Takeaway for practice: Sidewalk space deserves more attention as an important public space. In our era of historic urbanization, we should reconceive sidewalks as a mixed-use space rather than an exclusively pedestrian zone. Moreover, North American planners would benefit from engaging with public space experiments happening in cities in the developing world.

Research support: This research was supported by MIT's School of Architecture and Planning, Department of Urban Studies and Planning, and the Undergraduate Research Opportunities Program.     

Public asset corporation: A new vehicle for urban regeneration and infrastructure finance

This article presents a hybrid model of managing and financing urban redevelopment and public infrastructure: the Public Asset Corporation (PAC). The model has evolved through the example of Copenhagen City & Port Development Corporation (By og Havn, n.d.), a publicly owned privately managed institution that leverages public assets through land value capture and Public-Private Partnerships. In addition, City & Port leases and sells land to private investors at market prices. The yield serves public benefit by funding a city-wide metro system. Through a mandate by national law to always maximize the yield, City & Port is sheltered from political interference. Thus, it is the blend between public and private ownership, management, and financing that distinguishes the PAC model as it evolved from the case study of City & Port. In contrast, much literature on public ownership and management focuses upon the operational inefficiencies, bureaucracy, and lack of accountability of public organizations, while literature on private organizations is concerned with the amassment of profits accrued by private investors, despite originating from profit generating public sector-driven initiatives, including value appreciation arising from re-zoning, infrastructure, and other public investments.     

A framework for governance of public green spaces in cities

Public authorities that seek to transfer the cost of managing green spaces to the private sector face apprehension about the extent of community input in managing of public green spaces in cities. In practice, the governance arrangements for managing public green spaces are neither a purely private or public sector responsibility. They are part of complex and contested governance schemas that involve multiple stakeholder groups with varying interests and responsibilities. This paper proposes a simple framework to support different modes of governance appropriate for the management of public green spaces in cities. The framework classifies stakeholders’ desires for engagement based on ecosystem service characteristics defined on a spectrum of excludability and rivalry. The framework is applied to case studies in Australia and Canada. Finally, we discuss the new insights for governance arrangements for public green space management in cities.     

以人群健康为导向的小型公共绿地建成环境要素分析——以江苏省南京市老城区为例

Urban public green spaces significantly impact public health level, where physical, social, and recreational outdoor activities play an important role in improving people’s physical and mental health. In this paper, a total of 35 samples of small public green spaces were selected, and the data of built environment factors and healthy activities of each sample were collocted through ArcGIS analysis, field survey, and mapping. This paper then analyzes the impact of built environment factors on public healthy activities from a planning and design perspective by establishing a ridge regression model, which adopts location factors and functional / spatial factors in small public green spaces as independent variables, and the frequency density of healthy activities as dependent variables. The research reveals that: To location factors, the small public green spaces located near dense residential areas have a much greater impact on promoting public health activities than the ones sitting in dense mixed land use areas; To functional / spatial factors, facilities are the dominant factor that positively impacts users’ healthy activities, particularly the seating density; Reasonably designed small public green spaces or the ones with more open interfaces can effectively encourage people’s healthy activities, while which would be significantly decreased when the green space rate or the path density is excessively high. Finally, the paper proposes suggestions on the planning and design of small public green spaces.     

Private sector housing in urban China since 1949: The case of Xian

Research on urban housing policies in socialist China and Eastern European countries has concentrated on understanding the production and distribution of state housing. More recently researchers have shifted their attention to the commodification of urban housing and establishment of private housing markets. A very important aspect of socialist housing ‐ the process of nationalisation of privately owned urban housing in the early period of socialist development ‐ has been relatively neglected. Ignoring this aspect of the historical background of socialist urban housing policy may create difficulties in understanding the nature of the public sector and recent privatisation experience.

This paper intends to fill this gap in relation to China by examining both the nationalisation of urban privately owned housing in the early years of socialism and the more recent privatisation and commercialisation of the urban housing sector. This highlights shifting approaches to the urban housing market in different periods of socialist development and helps in understanding recent developments in housing reform. It examines the development of policy and the resultant impacts on the private housing market in Xian, one of the major cities in central China. The pattern of private ownership, the state policy of nationalisation and the more recent commercialisation of urban public sector housing are the main issues examined.     

Increasing the urban mix through vertical allocations: Public floorspace in mixed use development

The shortage of available land in densified metropolitan cities demands maximizing its utility. Public authorities are required to find creative solutions to satisfy the growing demand for the supply of public space. The allocation of public services in privately owned buildings constitutes one instrument to answer these challenges. This paper introduces this tool by looking at the phenomenon of Vertical Allocations; specifically we examine how municipalities in Israel appropriate floorspace in newly built multi-purpose structures, which are privately owned. While designating these floors for public use, such as schools and kindergartens, municipal bodies assume responsibility for these new public resources. We identified and analyzed 58 projects inclusive of floorspace allocations for public uses. Following, we conducted over 25 interviews with key Israeli practitioners. We find that the allocation of public floorspace goes hand-in-hand with the trend of high-rise construction, and is promoted mainly in core metropolitan areas where land is scarce, and land values are usually much higher than in non-core peripheral areas. The most common public use allocated is for educational services. We find that the floorspace allocated for public needs consistently constitutes but a fraction of the total floorspace allocated for use by private owners. In Addition, Vertical Allocation of public floorspace presents special challenges, among which are uncertainty and challenges from joint ownership; too flexible or unknown future public functions; potential friction and nuisances due to proximity of uses; disagreement over construction costs and complexity of management within mixed-use buildings. Given rapid population growth, scarcity of land, and other challenges surrounding Israel's implementation of Vertical Allocations, the Israeli experience with this type of mixed use can serve as a teaching model and a test case for the rest of the world.     

Understanding the context of neighborhood parks: a method for public space classification

Neighborhood parks are recognized as key urban public spaces that serve the social, economic, and environmental needs of adjacent neighborhoods. However, relevant studies primarily focus on the contribution of neighborhood parks as discrete spaces, instead of neighborhood parks as built spaces within an urban context. This research provides a better understanding of the inter-relationships between various urban form measures and an alternative way of constructing public space typology based on the surrounding urban form. The research employs factor and cluster analysis to develop a typology of 150 neighborhood park contexts in the City of Chicago, Illinois. 150-neighborhood park surroundings are classified into six categories based on an understanding of the dimensional structure of urban form elements; however, the Chicago Park District currently classifies them into one broad category. The study also provides guidelines for urban design and physical planning strategies for neighborhood park development.     

Private toll roads: Competition under various ownership regimes

Interest is growing in private toll roads as an alternative to public free-access road infrastructure. Private toll roads have gained favour for various reasons, including a dearth of public funds for road construction and maintenance, increasing traffic congestion, and growing acceptance of the user-pay principle in general, and road pricing in particular. This paper focuses on allocative efficiency of private toll roads. The model features one origin and one destination linked by two parallel routes that can differ in capacity and free-flow travel time. Congestion takes the form of queueing. Prospective travellers decide whether to drive, and if so on which route and at what time. Three private ownership regimes are considered: (1) a private road on one route and free access on the other, (2) a private roads duopoly, and (3) a mixed duopoly with a private road competing with a public toll road. Private toll roads are generally found to enhance allocative efficiency (measured by social surplus) relative to free access. The efficiency gain is greater when both routes are tolled, tolls are varied over time to eliminate queueing, and when no private road has a dominant fraction of total capacity. Paradoxically, mixed duopoly can be less efficient than a private duopoly. Price leadership by a public toll road avoids this possibility, although leadership typically yields little additional efficiency gain. Received: June 1998/Accepted: October 1998     

Women's Place in the Family and the Convent: A Reconsideration of Public and Private in Renaissance Florence

The public-private dichotomy has traditionally been defined by contrasting spaces that are open to those that are enclosed. Historical studies of Renaissance Italian architecture and cities have generally accepted this categorization and have relegated women of the period to the private realm–the domestic or the conventual setting. An examination of contemporary writings and of the function of so-called private spaces of a Florentine convent demonstrates that our understanding of public and private must go beyond a consideration of formal criteria, and must also consider the identity and activities of the individuals who occupy the spaces in question.     

Peaceful,Pleasant and Private: The British Domestic Garden as an Ordinary Landscape

This paper uses narrative accounts of private gardens in Britain from the Mass-Observation Archive (MO) to explore ideas of landscape, privacy and attachment that emerge from daily practices and routines in these ordinary domestic spaces. We argue for the domestic garden as a vernacular or ordinary landscape that displays tensions between the private and the public nature of home within ambivalent emotional responses. Extended personal narratives offer privileged access to a site of intense engagement and carefully guarded privacy, yet with varying levels of attachment. The garden is a space well described in Britain in its public form but less well known as a private, everyday landscape. In this way a cultural landscape study becomes a contemporary critical geography of an ordinary space.     

Exploring Dual Housing Tenure Status as a Household Response to Demographic,Social and Economic Change

This article proposes that single housing tenure categories do not enable an understanding of the ways in which households use, occupy and own residential properties in the context of broad demographic, economic and social changes. Adapting work on sub-tenure housing choice, housing tenure is overlaid with ownership of residential property to develop four tenure types: Owner, Owner-Owner, Renter and Renter-Owner. Applying this typology in the Australian case provides valuable new insights, with 1.5 million households having dual housing tenure status, including almost one in eight private renters. More broadly, reconceptualising housing tenure to include ownership of other residential property can contribute to theoretical debates about household income and wealth; social status and identity; and social practices and life planning, potentially generating new research questions such as the extent to which Renter-Owners reflect new patterns of living or a response to affordability constraints, and the social identity and political affiliations of those with a dual tenure status.