Public Hearings 01

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    According to the Town-planning Code (Article 28) of RussianFederation Public Hearings are:

    1 Obligatory procedurethat precedes the acceptance of town-planning law projects

    (such as city master-plans, etc.);

    a) terms

    b) objects of consideration

    c) participants;

    2 Regimentedby the Town-planning Codeaccording to their

    3 Further regimented in each Municipalityaccording to the town-planning legislation of this Municipality.

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    &

    DISTRICT

    TOWN-PLANNING AND

    LAND USE COMMITTEE

    Who is authorized to organise Public Hearings?(Statute on the procedure of conducting Public Meetings)

    CITY TOWN-PLANNING

    AND LAND USE

    COMMITTEE

    City Town-planning committee (or council) was

    created in 2009 for coordinating the interaction between

    Moscow Administration and Moscow citizens upon

    town-planning and land use issues. First head of the City

    Town-planning committee isV. Resin former First

    vice-mayor and head of the Construction&Architecture

    department (2001-2011). In 2010 the City Town-

    planning council was renamed as City Town-planningand Land Use committee (or council) and Moscow

    Mayor S. Sobyanin is now the head of this committee**.

    Each Administrative District of Moscow also have its

    own town-planning and land use committee

    *From the official City Government Website: http://mos.ru/en/press-center/

    news/index.php?id_4=21523

    http://mos.ru/en/press-center/news/index.php?id_4=21523http://mos.ru/en/press-center/news/index.php?id_4=21523http://mos.ru/en/press-center/news/index.php?id_4=21523http://mos.ru/en/press-center/news/index.php?id_4=21523
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    1. Moscow citizens who live or work on the

    territory where public hearings are held or the

    representatives of these citizens organizations and

    communities.

    2. Tenure holders and property holders whose

    property (land plots, infrastructure objects, housing

    and non-residential premises) is located on the

    territory affected by changes that require public

    hearings.

    3. Municipal deputies of Municipalities affected by

    changes that require public hearings.

    4. Moscow City Duma deputies.

    Who can participate in Public Hearings?(Moscow Town-planning Code, Article 68, Part 2)

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    1. The announcement of Public Hearings:

    publication and distribution of the announcement

    2. Exhibition of the project

    3. Conducting Public Hearings

    4. Writing the report on the process of

    Public Hearings

    Public Hearings must be conducted in the following way:(Moscow Town-planning Code, Article 68, Part 5)

    5. Issuing conclusion report on

    the results of Public Hearings

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    1Every participant has a right to comment on and contribute suggestions to the discussed project,

    master plan, etc. in aordance with the established procedure.All comments and suggestions

    contributed by the participants of Public Hearings have to be recorded in aordance with the

    established procedure (Ar. 68, p.3).

    2

    All the projects subject to Public Hearings procedure have to be send to Municipal Councils

    (Municipalnoe Sobranie) 30 days prior to the announcement of Public Hearings. In 15 days upon

    receiving the projects Municipalities have to send their comments and suggestion on the projects

    to the authorized town-planning organization (authority) or a counterpart council.*

    3

    All the residents, tenure & property holders, etc. whose property or other rights can be violated by

    the implementation of the town-planning or construction project can send their comments and

    suggestions to the City Government, ity Town-planning committee** or a district-based town-

    planning council.

    * Do Municipal Councils have to send their feedback before the Public Hearings?? Or it means thatafter the receiving of the projects Municipalities have only 15 days for holding a Public Hearing,processing the the feedback and sending it to the authorized town-planning authorities orcounterpart councils?

    Feedback:(Moscow Town-planning Code Article 68, part 3 & Article 69, Parts 1-3)

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    START FINISH

    Announcing the holding of Public Hearings Issuing the report*

    Master plan of Moscow, Land Use and Development Rules

    2 months (min) 4 months (max)

    Changes of Master plan or Land Use and Development Rules

    all other projects

    1 month (min) 2 months (max)

    2 months (max)

    Terms of Public Hearings(Moscow Town-planning Code, Article 68, Part 4)

    *Public Hearings must to be followed by issuing the report on the results of the Hearings.

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    1Sad outcomes of the Public Hearings for

    the city Master Plan untill 2025*

    Public Hearings for the Master Plan held in

    2009 showed that:

    1. Average cit izen who didnt have

    architectural training couldnt understand a

    thing in plans exhibited.

    2. Master Plan wasnt presented as an entity

    but as 125 pieces (for 125 administrative

    districts) that were not connected to eachother.

    3. Policy that prescribes a right to comment

    on a project or make suggestions only to

    those who officially live or have a workplace

    on the discussed territory is inefficient.

    4. The feedback mechanism is unclear. A

    citizen doesnt have a guarantee that his

    opinion will be taken into consideration.

    5. Master Plan isnt based on environmental

    or health statistic. Hence it doesnt containthe information that is in interest of the

    citizens.

    Projects subject to Public Hearings(Moscow Town-planning Code, Article 68, Part 1)

    Master Plan of Moscow and changes of the existing Master Plan.

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    Land Use and Development Regulations (LUDR) and changes of the existing LUDR.

    2L a n d U s e a n d D e v e l o p m e n t

    Regulations (LUDR) are designed as

    Moscow analogue of NY zoning law that

    will prescribe strategical use of a certain

    territory or a plot within this territory. This

    legislation will regulate the type of land

    use, density, height, special architecture

    and construction requirements, etc. Public

    hearings are a mandatory procedure forthe LUDR project.

    LUDR will consist of 2 parts: land classifier

    with the list of zones and the established

    procedure of their implementation and a

    map of the entire territory of the city

    showing the boundaries or zones and

    sub-zones. The finishing of the law project

    has been postponed few times already.

    The next deadline is Dec 31 2012.

    New York 1916 ? Moscow 2012 !

    Projects subject to Public Hearings(Moscow Town-planning Code, Article 68, Part 1)

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    Projects subject to Public Hearings(Moscow Town-planning Code, Article 68, Part 1)

    Territorial and strategical planning projects that promote development,reconstruction or reorganization of residential areas, green spaces,

    territories within historical and cultural preservation zones.Project for the development of the territory of CDKh and Museon park on Krymsky Val by N. Foster. 2008

    3

    Moscow says no to Sir Norman Foster

    In March 2008 at the exhibition in Cannes E. Baturina wife

    of ex-mayor Y.Luzhkov and the head of development

    company Inteko presented the project Orange-House

    designed by Fosters bureau to replace existing building of the

    Central House of Artists (CDKh) on Krymsky Val.

    Implementation of the project would destroy the existing

    Museon Art Park that surrounds CDKh. A wave of criticism

    towards the project raised in media; many artists, architects

    and citizens united against the project. Fosters project was

    soon removed from the agenda, but plans for the

    development and reconstruction of the CDKh territory

    persisted.

    On Feb 24 2009 public hearings were conducted. Article 68

    Part 1 of Moscow Town-planning code prescribes that only

    local residents can participate in public hearings which made

    the CDKh one of the most important cultural institutions of

    Moscow a local case. But on the day of hearings manyinfluential supporters of CDKh organised a picket in front ofthe building so finally they got a permission to speak at the

    hearings.

    Citizens and experts all voted against the development project

    but it didnt automatically cancel the project. At the same time

    there is legal basis for the project cancellation based on the

    results of Public Hearings:

    Results of the Public Hearings are the basis for

    revising the project or declaring it unviable

    (inappropriate). Moscow Town-planning Code: Article 4,

    Part 1

    The success (temporary at least) of the CDKh preservation isa rare case for Moscow. The key probably is in citizens

    consensus on the subject, wide support of the expert

    community and broad media coverage.

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    Projects subject to Public Hearings(Moscow Town-planning Code, Article 68, Part 1)

    Site plan.

    4

    Lawful designs

    A site plan is a set of designs

    showing a) the boundaries of the

    planned construction objects and

    infrastructure; b) the key charac