The Online Consultation On Planning Is Only Formal?

HCMC Real Estate Association (HoREA) has sent a letter to the leaders of Ho Chi Minh City, related departments to comment on the order and ways of gathering opinions of the community in the planning permit.

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According to HoREA, on August 16th, 2017, the Department of Planning and Architecture has written Document No. 3974 / SQHKT-QLTHQH-PC consulting the People’s Committee of 24 districts on the order and methods of consultation community representatives in the granting of planning licenses.

In the past, in order to prepare for investment in real estate projects, consultation with community representatives was carried out by the competent authorities when the investor applied for planning permission. After being granted a planning permit, if the investor proposes changes in some contents of the planning, the procedures for gathering comments from the population community must be re-made. For projects under construction, if investors propose changes in some contents of the planning or design of items, they must also re-carry out the procedures for gathering comments from representatives of population communities.

Therefore, HoREA said that the “Comment form of related community” has too many contents of planning expertise, such as the structure of land use, land use criteria, building density, coefficients used, back of the works compared to the boundaries of the roads contiguous to the land, technical infrastructure requirements, requirements of social infrastructure, requirements on environmental protection., the requirements for the organization of space architectural landscape, which only the experts on the construction of new knowledge.

This leads to the opinion that community representatives are not really close, which can lead to appearance, taking a lot of time and effort.

According to Mr. Le Hoang Chau, HoREA agreed to organize the consultation of community representatives before the competent authorities grant planning permission for the project. This is a necessary work to ensure that community representatives have the right to comment on the projected planning and project implementation that affects the rights and interests of the local community.

The consultation on planning is only formal?

According to HoREA, the consultation on planning is only formal

However, according to Mr. Chau, after the planning permission, if the investor proposes to adjust some planning indicators of the project to no more than 20% of the planning indicators have been approved, or for large-scale urban and residential projects (proposed for reference, maybe 2 or more hectares), it is proposed to assign responsibility for the City Architecture Planning Board, the Department of Architecture Planning, The People’s Committee of the district (where the project is located) shall consider and submit to the competent authority for approval the adjustment of the planning permit.

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If the investor applies for adjustment of a number of planning norms of a project which has been sold in the future, it must organize a conference for gathering comments from the client before the competent agency permits the adjustment of the permit.

Regarding the content of the sample “Comments from concerned communities”, HoREA proposed to retain only the necessary contents, such as the scope and boundaries of the project, on the function of works, in terms of population size, high-rise buildings. On other related issues, it is more practical to get an opinion from community representatives and people can comment.

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