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法治实务|预审和选址意见书核发后,能否修改国土空间规划
Zhong Guo Zi Ran Zi Yuan Bao· 2025-08-08 02:20
Core Viewpoint - A proposed pension project in a tourist area is in the preliminary approval stage, with the local government considering changing the land use to educational purposes, leading the project party to seek compensation due to the lack of land rights [1][4]. Group 1: Land Use Pre-Approval - Land use pre-approval is an administrative review process that does not grant land rights to the applicant [2][3]. - The pre-approval is based on compliance with land use planning and policies, and it is a necessary document for project feasibility studies but does not allow for immediate development [4][10]. Group 2: Site Selection Opinion - The site selection opinion is a legal document issued by planning authorities, applicable only to specific projects requiring government approval and land allocation [6][7]. - Similar to land use pre-approval, the site selection opinion does not confer rights to use the land or initiate construction [8][10]. Group 3: Implications of Planning Changes - Modifications to land use planning must consider the interests of stakeholders, but since the project party has not acquired land rights, they may not be entitled to compensation for costs incurred [12][14]. - The government retains the authority to modify land use planning and can declare previously issued approvals void if they no longer comply with the new regulations [14].