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An approval dispute case of land use master plan, Zhanjiang Xiqiang Industrial Gas Co., Ltd. vs. Suixi County Housing and Urban-Rural Planning and Construction Bureau and so on

By PRC Supreme People's Court

· Procedure,Laws and Regulations,Administrative

Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Case Judgment Opinions Summary:

As far as the actionability of the urban master plan is concerned, the implementation of the master plan content is still uncertain, and it needs to be implemented with the help of detailed planning, especially the detailed construction planning, and it needs to be materialized through "one book and two certificates". If the parties concerned believe that the contents of the master plan infringe their legitimate rights and interests, they should seek relief through the objection procedure for the detailed plan for the implementation of the master plan, especially the detailed construction plan, and the judicial review procedure for the administrative act of issuing or not issuing "one document, two certificates". The supervision of the overall plan can be carried out either through the democratic review procedures stipulated in Article 16 of the Urban and Rural Planning Law, or through professional judgment and public participation, but not through the judicial review process.

 

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