Despite our previous announcements, we've changed our topic this morning, as we've managed to analyze the proposed changes to spatial planning, which have been reinstated on the agenda of the Ministry of Development, Labor, and Technology. These changes are undoubtedly revolutionary. It's important to emphasize that these are just assumptions and are subject to change. Nevertheless, we've outlined some of the proposals below.
According to the assumptions of the "Reform of the spatial planning and development system", instead of the currently existing local spatial development plans and studies of conditions and directions of spatial development, municipalities would adopt municipal spatial planning acts (which are acts of local law), i.e.:
(i) General plan for the purpose of the commune's areas,
(ii) Development plan for the commune's areas,
(iii) Communal urban planning standards.
The general land use plan would designate functional zones and determine the allocation of land for specific purposes. The draft of the new Spatial Planning and Development Act stipulates that the general plan would allow for the identification of areas designated for development based on the development plan and areas where development would be prohibited. The general plan would also incorporate the intended development strategy for the municipality and the conditions for spatial planning in the municipality. It would consist of text and graphics. The general plan would be adopted by the municipal council.
In order to establish detailed land use and development principles based on the applicable general plan, a municipal development plan . This plan would mandatorily include the boundaries of urban units, detailed land use designations, and land development principles, including parameters for building properties and new development, the location of buildings, and the placement of advertisements. The development plan would also be adopted by the municipal council and would consist of text and graphics.
To establish development principles for areas designated in the general plan for development additions and not covered by the development plan, the municipal council could adopt municipal urban planning standards (for all or selected parts). The entry into force of the resolution on the development plan would result in the expiration of the resolution on municipal urban planning standards for the area covered by the plan. The urban planning standards would include principles and conditions for the location of small-scale architectural features, advertising boards, and rules or prohibitions on the location of fences, advertising boards, and advertising devices. Municipal urban planning standards would be drafted exclusively in text form and adopted by the municipal council. They would not set development standards, but rather, according to the ministry's intention, would organize space to ensure residents and users of the area have access to social infrastructure.
Most importantly, the draft amendment eliminates the decision on development and land use conditions . In a sense, it would be replaced by a location decision. This decision would be issued by the mayor in the absence of a valid development plan for an area designated in the general plan as a supplementary development. The issued decision would be binding on architectural and construction administration bodies.
According to the draft, the location decision would expire after 2 years from the date on which it became final, as well as on the date of: (i) entry into force of the development plan, (ii) entry into force of municipal urban planning standards with which it would be inconsistent, (iii) the date on which the decision on the permit for the implementation of a public purpose investment, approving the integrated investment project with which this decision is inconsistent, became final, (iv) the date on which the decision on the building permit became final, and (v) the date on which the deadline for the competent authority to file an objection to the construction notification expired.
The draft also includes provisions regarding the Integrated Investment Project (IIP) decision, under which, in addition to the main investment, the investor would implement tasks belonging to the municipal government. This decision would be preceded by a resolution of the municipal council approving or rejecting the IIP guidelines. After adopting such a resolution, the mayor would be authorized to enter into an urban planning agreement (a type of administrative agreement) with the investor. Once the conditions are met, the mayor would issue a decision approving the integrated investment project, which would include the investment itself as well as elements of technical and social infrastructure. This decision would be binding on architectural and construction administration bodies. The IIP would be issued for an area designated for development in the general plan.
In relation to public purpose investments, the draft also introduces a decision on the reservation of the investment site (aimed at ensuring the proper preparation and implementation of the public purpose investment) and a decision on the permit for the implementation of the public purpose investment (including, among others, the definition of the lines delimiting the investment site, conditions resulting from the needs of environmental protection, approval of the construction design).
The draft amendment also calls for the establishment of a spatial planning office in each municipality, staffed by individuals with diverse, specialized education and experience necessary to conduct comprehensive planning and urban planning. This raises the question of whether adopting such a solution would not be excessively restrictive of the municipality's autonomy and internal organization.
The proposed changes also envisage the creation of a spatial development register, maintained in an IT system. This would provide free access to data shared in the register via electronic means of communication. Information shared in the register would be public, excluding personal data. The register would be able to share data or information derived from spatial planning acts, acts of oversight of local government activities in matters of lawmaking, and decisions approving integrated investment projects, among others.
As we wrote in Alert #26 , the digitalization of spatial planning and development has already begun, and as of October 31, 2020, municipalities are required to create and share digital spatial data for spatial planning purposes. In this regard, the project would require adaptation to existing solutions.
In accordance with the transitional provisions, local spatial development plans in force on the date of entry into force of the Act would remain in force until the entry into force of a general land use plan containing provisions that are inconsistent with the existing provisions of the local spatial development plan.
It's important to emphasize that these are preliminary assumptions for changes in spatial planning. The Ministry is planning work on them, but at this stage it's difficult to determine when they would come into effect. We will certainly keep you updated on the progress of the proposed changes.
Next week, as promised, we will prepare for you interesting examples of practical problems in the application of MPZP that we have encountered in our practice.
This alert is for informational purposes only and does not constitute legal advice.
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