Encouraging Private Developing Activities in Sites for Urban Parks: Special Cases for Long-term Unexecuted Urban Parks Area
Publication Date 2019-08-14
Researchers Sung-Hwan Kim
In the past, the function of parks was limited to securing green areas, but with its recent development in social resources, the expansion of parks is considered to become one of the urban competitiveness. - Reflecting this trend, the Comprehensive National Territorial Plan, a top-level urban plan, is supervising the park area per person as among the Six Key National Territorial Index, and the public awareness of ecological assets including parks is also positive. - In order to expand parks that play such a crucial role in territorial planning, the government may designate the private property as urban or Gun planning facilities under the 「NATIONAL LAND PLANNING AND UTILIZATION ACT」, and restrict the development of the land to be used for other purposes.
Despite the importance of parks, the lack of budget for local governments has slowed its expansion of parks. As a result, the number of neglected urban and military planning sites increased year by year. - The government and local governments have strived to secure parks but failed to meet the high demands of the citizens, which led to more facilities being neglected for a long time after they were designated as land for urban and military planning sites.
Fearing that long-term unexecuted urban and military planning sites would hinder the urban aesthetics and infringe property rights, the government introduced a 'Sunset Provision,' in which its development could be completed within 20 years.
- The Supreme Court ruled that long-term unexecuted urban and military planning sites could infringe upon property rights. In response, the government introduced the Sunset Provision, which will clear urban and military planning sites of its status 20 years after its designation and notification.
- The year 2020 marks the 20th anniversary of the introduction of the Sunset System. If no measures are taken, 340 square kilometers of park land is on the verge of being lifted of its status nationwide, which is more than half the area of Seoul.
The local government has responded to the upcoming Sunset Provision by planning to create parks. - The seven critical strategies of local governments include △ the promotion of Special Cases Concerning Developing activities in Sites for Urban Parks, △ the purchase of private property, △ the conversion of urban nature parks to green preservation areas, △ the designation of public housing zones or promotion districts for commercial rental housing, △ linkage to the State Aid project, △ utilizing the cash payment system for a contributed acceptance, and △ the revocation of urban planning facilities (see page 11).
The 'Special Cases Concerning Developing activities in Sites for Urban Parks' is a measure designed to relieve the financial burdens of creating parks. - The Special Cases Concerning Developing activities in Sites for Urban Parks does not promote the construction process as a budgetary program, but instead incorporates the private sector for contributed acceptance, and allows them to develop non-park facilities (such as housing) in up to 30 percent of the park area.
However, the addition of unfavorable conditions for businesses became an obstacle to the Special Cases Concerning Developing activities in Sites for Urban Parks. - First, in order to carry out the project, land purchase costs in the form of cash deposits should be paid, but the required amount is very high (80% of the land purchase cost), and the date return is not clear, making it a burden to the business operator. - Moreover, a higher contributed acceptance rate is required than the contributed acceptance rate stipulated in the law, worsening profitabilities, and redundancy on contributed acceptance on non-park facilities has led to additional fees.
As such, this study aims to present three aspects to promote the 'Special Project for the Construction of Private Parks, including △ the expansion of target projects, △ mitigation of qualifications for business operators, and △ improvement of business methods (see pp.26-27). - First, as a way to expand target projects, ① it is suggested to reduce the size of selected sites, and ② to develop the park in link with surrounding sites. - In order to ease qualifications for businesses, ③ it is recommended to adjust the amount of deposits and its payment methods, and ④ define the obligations to return deposits.
- Moreover, as a measure to improve the way of business, ⑤ it is proposed that the process of re-designating urban and military planning sites and urban natural park areas be accompanied by a business operator and ⑥ the supply promotion zones that are currently run by LH to be pushed forward with private sectors.