The 149 homeowners in Beijing's
Furun Residential Compound won a landmark lawsuit against the
city's urban planning commission on July 9 in the Haidian District
Court.
The owners accused the commission of illegally permitting a real
estate developer to use a piece of land within the compound to
build a commercial bathhouse instead of the planned kindergarten
that was originally registered with the commission.
In August 2003, the homeowners discovered that the planned No. 7
building would not be used as a kindergarten. It wasn't until
November of that year that they learned that the commission had
approved the change in the intended use of the land in December
2002 at the request of the developer that built the compound.
Commercial bathhouses are popular in China and are usually
profitable. They serve as places to relax and socialize as well as
to bathe.
On March 11, 2004, the homeowners at Furun filed a lawsuit
against the Beijing Municipal
Commission of Urban Planning, accusing the commission of
misusing its power by enabling the developer to change the
plan.
The commission claimed its approval was given in accordance with
the law, as its examination of papers submitted by the developer
showed proper endorsements from such departments as firefighting
and environmental protection. Moreover, the Haidian District
education commission had submitted a written suggestion that the
kindergarten plan was inappropriate because it did not meet the
minimum space requirements.
The Haidian District Court found that the commission had failed
to set a period in which to provide evidence supporting its
decision. The omission rendered its decision invalid.
It is not rare in Chinese cities -- particularly in Beijing,
which is in the midst of the biggest housing boom in the nation --
for developers to show buyers attractive residence designs but
later to change planned landscaped areas and public welfare
facilities into commercial buildings.
(Xinhua News Agency July 12, 2004)