Research On The Compensation Of Land Use Planning In The United Kingdom

In the modern society, the land use planning and the spatial planning is everywhere. As the primary means to optimize the allocation of land resources, the land use planning is an important guarantee for the harmonious development of economy and society and is an important precondition for the management of land resources. Since the reform and opening up, China has implemented the general land use planning in three stages. the promulgation and implementation of "Town and Country Planning Act of the people’s Republic of China", has a great significance on China’s land use planning system, the article fifth of that act provided that in the process of land use planning, planning authorities have to compensate for the change of land use planning. There are some other laws of land use planning compensation in some special laws, from these laws. We can see that the government tries to protect the legal rights of administrative counterpart in the field of land use planning. But, we also must see that the provisions of land use planning compensation of our country are general and fuzzy, and we have no provision about compensation scope, compensation standard, and compensation procedure and so on, that greatly reduces the operability of the laws and regulations on land use planning compensation in China.In1909, the United Kingdom issued the first law "Town and Country Planning Act1990"in the field of land use planning in the world, and the United Kingdom is also the first country which extend "city planning" into " Town and Country Planning " in the world, and so on, all these established the United Kingdom’s enlightenment and basic status in history of modern land use planning. Most of the countries in the world, especially countries of European and American have been greatly affected by the United Kingdom’s traditional town and country planning. No doubt, the land use planning in the United Kingdom has great achievements, it made a significant contribution to restricting urban growth, protection of country, preservation of architectural and natural heritage, new town planning, dispersing industrial activities, update of National Park and city.Indeed, there is a big difference between China and the United Kingdom, but the land use planning compensation system in the United Kingdom will have great reference value to China. On the one hand, land use planning brings good social and economic condition which enhances the value of the land; on the other hand, adjustment and implementation of land use planning may cause damages to the lawful rights and interests of land owner, such as revocation and modification of planning permission, regulatory taking and so on. In the aspect of rights protection, how to protect the private legal rights and interests impacted in the process of planning is a necessary question in the process of land use planning in China. However, at present, we only have a small number of laws and regulations on the land use planning compensation which are just fuzzy guiding provision, which can’t provide sufficient legal protection and relief for land use planning counterpart. Therefore, this article research on the land use planning compensation system in the United Kingdom, I just want to provide reference for the perfection of land use planning compensation system in our country from the advantages of the land use planning compensation system in the United Kingdom.