Abstract
In this article, we examine the definition of the Urban Public Open Space for Non-independent Land, and understand the related legal status in China. It attempts to summarize and compare with the mechanism of the Public Open Space in Private Development (POSPD) in Hong Kong and New York, so as to draw some inspiration for the development of domestic in China. It suggests a more effective design control and better management of the public open space for the urban planning regulation system. 1 Background With the rapid development of urbanization and the improvement of people's livelihood, people's need for quality of urban space is growing. However, urban construction and expansion have made the urban area dwindle; while as the vacant city space, especially urban public space faces the problem of shortage. Under the traditional state, urban public space supplied by the government has failed to meet the requirements. Therefore, some governments will attract and encourage private conducts in city construction and public administration in order to promote the city development, making the private enterprises important roles in providing public services. Therefore, the developers attempt of offering open space for rest, which is also maintained and managed by themselves, in the parcels of their private real right voluntarily or according to law for the public use, is included, and this contributes to improving the urban environment and solving the urban public space shortage. This kind of new public space is called POSPD (Public Open Space in Private Development) in Hong Kong and POPS (Privately Owned Public Space) in the US. According to the implement of the socialist public ownership of the land in China, the planning bureau in the city of Shenzhen gave it a new definition: Public Space for Non-independent Land(PSNL). At present, China has carried out such practical revolution in urban public space which is built on land with non-public property right. Firstly, in the recent twenty years, the plot ratio has been widely introduced as a reward in the city planning administration in China. The government encourages the private development projects to provide open space, elevated ground floor, increase of public facilities, application of energy-saving construction and so on, and thus gives them additional area accordingly as awards. Secondly, some cities have given some standards and guidelines on urban planning and design, but they were not written into the laws and regulations of urban planning, resulting in a dead zone in the development and management of the planning. In 2006,the planning bureau in the city of Shenzhen compiled the document of The Public Space System Planning in
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