LIETUVOS RESPUBLIKOS REPUBLIC OF LITHUANIA LAW ON TERRITORIAL PLANNING 1 December 1995 No I-1120 Vilnius (New version of the Law as of 1 May 2004 No IX-1962 As last amended 11 November 2008 No X-1796) CHAPTER ONE GENERAL PROVISIONS Article
- Purpose and Scope of the Law This Law shall regulate the territorial planning of the Republic of Lithuania, the rights and duties in the process of the organisers of planning, the entities involved in the preparation of plans, natural, legal persons, State and municipal institutions. Article
- Definitions
- General plan shall mean a document of integrated planning establishing the spatial concept of the planned territory development and the principles of use and protection of the territory taking into account the levels and tasks of territorial planning. General plan shall mean a document of complex planning of the State or county territory establishing the spatial concept of the planned territory and the principles of use and protection of the territory taking into account the levels and tasks of territorial planning.
- General territorial planning shall mean an integrated planning document for establishing the spatial development policy of the territory, the territory use and protection priorities and the main management measures.
- Detailed plan shall mean a document of territorial planning setting the land parcel boundaries, territorial management and land use regime (construction and other mandatory operating conditions).
- Detailed territorial planning shall mean the planning of parts of the municipality territory for delineating the boundaries of a land parcel, for establishing, changing or cancelling the conditions of use or development of activities therein.
- The land parcel being formed shall mean a land parcel in the planned territory whereof the boundaries shall be delineated, the area whereof shall be set, the main use to which the land is put shall be defined and territorial management and land use regime shall be set.
- Functional zoning shall mean the component arrangement of the planned territory carried out in the process of the preparation of documents of general and special territorial planning at the stage of the formulation of the concept, according to the general prevailing characters, the main purpose, type and subtype of the land parcel use or the rules of management.
- Infrastructure shall mean a complex of a variety of activities servicing the economy and the population (engineering networks, traffic routes, communal, public, trade and other objects required for providing services to the population or for improving the environment quality
- Plan (project) of infrastructure development shall mean the document of special planning providing for the positioning of infrastructure objects, measures for the use of the objects and neighbouring areas and safeguard measures.
- Infrastructure development scheme shall mean a document of special territorial planning establishing the general concept of infrastructure object development.
- Communication corridor shall mean a strip of land owned or held in trust by the municipality, running between the street red lines, in road protection or green zone for the construction or exploitation of underground or ground objects of infrastructure (communal engineering networks and installations); its bandwidth depends on the amount of the current, prospective engineering networks. The procedure for the use of communication corridors shall be established by the municipal councils.
- Consulting shall mean the procedure ensuring the transparency of territorial planning in the course of which the competent interested organisations are consulted about the solutions of the prepared State and regional level territorial planning documents.
- Landscaping shall mean spatial organisation and environmentally sound management of human activities implemented by territorial planning measures for the purpose of coordination of social, economic and environmental interests and creation of harmonious cultivated landscape.
- Landscape management plan shall mean a document of special territorial planning establishing the concept of landscape creation, management, use and protection, its implementing the measures and requirements of its implementation.
- Spheres of influence of towns and cities shall mean the territories located beyond the borders of towns and cities linked to the overall town or city infrastructure, its further development and use perspectives.
- Forest management scheme shall mean a document of special territorial planning prepared by forest managers and for regional territories and intended for determining an overall policy of forest land use.
- Proposal shall mean Statement of public opinion on supplementing the solutions of the territorial planning document, provision or amendment of their alternative.
- Height of structures shall be the height measured in the structure construction zone in meters from the average altitude from the surface of the land parcel to the roof of the structure or its highest point.
- Organisers of planning shall mean the Government or the entities of public administration authorised by it, the County Governor, the director of the municipality administration, legal and natural persons organising the preparation, coordination, consulting thereon or public hearing of territorial planning documents and their submission for approval.
- Conditions of planning shall mean special land-use conditions and requirements of territorial planning norms and solutions of the valid territorial planning documents applied with respect to the planned territory, as well as the provisions of separate programmes of sectoral development, the requirements of the institutions setting the conditions relating to the preparation of territorial planning documents.
- Digest of planning conditions shall mean the list of planning conditions approved by the civil servant of municipality administration, chief architect of the municipality, for preparing the territorial planning document and the planning conditions.
- Originators of plans shall mean legal or natural persons, the branches in the Republic of Lithuania of undertakings set up in European Union member States and other States – signatories of the Agreement on the European Economic Area who have the right to prepare territorial planning documents according to the procedure established by this Law and other legal acts.
- Persons implementing the plans shall mean the Government or the entities of public administration authorised by it, the director of municipality administration, legal and natural persons, land owners, managers and users operating in the planned territory, using the land, natural and cultural resources.
- Plans (projects) of protected areas and their zones shall mean documents of special territorial planning in which the directions of use and protection of protected areas or their separate parts, the limits of functional priority and landscape management zones and regulations, specific management measures are established.
- Schemes of networks of protected areas and their separate parts shall mean the documents of special territorial planning establishing the overall concept of forming, use and protection of protected area networks.
- Complaint shall mean the requirement Stated by the public in writing concerning the amendment or cancellation of the solution of the document of territorial planning adversely affecting the rights and/or interests of the applicant.
- Special land use conditions shall mean restrictions on economic and/or any other activities established by laws or Resolutions of the Government that depend on geographical position, adjacencies, the main purpose of land use, the type and subtype of the land parcel use and the needs of the structures located on the land parcel as well as the environmental needs.
- Special plan (project) shall mean a territorial planning document in which, taking into account the levels and tasks of territorial planning, the territorial development, infrastructure management and/or protection directions, measures and requirement are set for separate areas of activities.
- Special territorial planning shall mean the planning of measures necessary for separate spheres of activities – planning of spatial organisation, management, use, protection measures.
- Programmes for implementing the solutions shall mean documents of strategic planning establishing the methods for implementing the solutions. of territorial planning documents.
- Strategic planning shall mean the process during which the strategy of activities management shall be prepared providing for the forecast of activities, their aims, priority directions, actions and methods how to most efficiently use the available and receivable financial, material and labour resources for achieving the set out objectives, implementation of strategy provisions, monitoring of activities and accounting for the results.
- The public concerned shall mean the public affected or likely to be affected by the solutions of the territorial planning document being prepared or which has an interest in implementing the said solutions; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest.
- Territory management and use regime shall mean the body of territory use or nature of use and the requirements of activity development developing body of
- Territory management regulation shall mean the totality of priorities of territory use and requirements and limitations of activity development.
- Development of the territory shall mean the process whereby it is sought to qualitatively improve or maintain the economic, social and ecological (environmental) condition of the territory which is planned.
- Territorial planning shall mean the established procedure for setting the overall spatial concept of territorial development, land-use priorities, for establishing environmental, cultural heritage protection and other conditions, for developing land, forest and water areas, residential areas, developing the system of production and infrastructure, regulating the employment of the population, establishing the rights of legal and natural persons to activities in the territory.
- Documents of territorial planning shall mean the general plans (master plans), special and detailed plans in which the solutions concerning the management, use and protection of territories, land parcels or their groups and requirements and conditions of territory development are presented in writing or in a graphical representation.
- Solution of the territorial planning document shall mean the result of solution of territorial planning tasks setting forth in writing or in a graphical representation the development directions, provisions of spatial organisation, the conditions and procedure of location of land parcels or their groups, use and protection of infrastructure objects.
- Impact assessment of territorial planning document solutions shall mean the stage of the territorial planning process in the course whereof the information is collected and analysed, the possible positive and/or negative long-term and/or short term effect of implementing the solutions of the territorial planning document being prepared is assessed on the basis of information (according to aspects and following the established procedure).
- Coordination of territorial planning documents shall mean the procedure in the course whereof the solutions of prepared and effective territorial planning documents are coordinated, compliance with the planning conditions and other requirements of legal acts regulating territorial planning are verified.
- Data bank of territorial planning shall mean information system of territorial planning which is composed of solutions of approved territorial planning documents, graphical and textual data required when analysing and assessing the planned territory, forecasting its development, preparing territorial planning documents in support of their solutions.
- Territorial planning specialist shall mean a specialist with tertiary education who is appropriately qualified, managing the preparation of territorial planning document or preparing it.
- Urbanised territories shall mean the residential areas of towns, cities and compactly built up territories of residential areas of villages.
- The height of the development shall mean the predominant number of storeys of buildings (over 70 per cent of the development) or maximum height of buildings in metres that may not be exceeded.
- The Intensity of the development shall mean the ratio of the sum of the total area of the ground premises of all buildings and the area of the land parcel.
- The Compactness of the development shall mean the ratio of the building area established according to the boundaries of external walls and the total area of the land parcel.
- Water management plan (project) shall mean the document of special planning establishing the measures of rational use and protection of surface water bodies.
- Water management scheme shall mean the document of special planning establishing the general concept of use and protection of water resources.
- Public hearing shall mean the procedure ensuring the publicity of territorial planning in the course whereof the public is introduced, according to the established procedure, to the prepared document of territorial planning, a public meeting is organised for discussing the solutions of territorial planning, their alternatives and the submitted proposals.
- The public shall mean one or more natural or legal persons as well as their associations, organisations or groups.
- The type of use of a land parcel shall mean activity stipulated in the territorial planning documents and permitted to be carried on a certain land parcel in accordance with the procedure laid down by legal acts. .
- The subtype of use of a land parcel shall mean specific features of activity permitted to be carried on a certain land parcel in accordance with the procedure laid down by legal acts.
- Land use plan (project) shall mean a special territorial planning document wherein the framework of the use of land in rural areas and their protection as well as specific land use planning measures are established.
- Land use planning scheme shall mean a special territorial planning document wherein the priorities of the land use and land use planning in rural areas are established at the State, regional or district levels.
- Landholding plans (projects) shall mean documents of special territorial planning establishing the forming of land parcels, their reparcelling, taking and consolidation as well as the terms and conditions of their use (the main purpose of use, restrictions, easements, etc.). Article
- Objectives of territorial planning
- The objectives of territorial planning shall be as follows: 1) to maintain the balance of the social, economic and ecological development of the State territory; 2) to develop a healthy and harmonious environment for living, work and recreation seeking to develop proper living conditions in the entire territory of the State; 3) to shape the politics of developing the habitats and infrastructure as well as other fields of activity; 4) to protect, rationally utilise and restore natural resources, natural and cultural values, including the recreation resources. 5) to form a natural framework, create preconditions for maintaining or restoring ecological balance of the landscape; 6) to form land parcels, reserve (set) the territories for the development of infrastructure of a habitat and other fields of activity, for the development of different types of farmland; 7) to agree the interests of natural or legal persons or their groups, also the interests of the public, municipalities and the State regarding the conditions for the use of the territory and land parcels and with regard to the type of activity in the territory; 8) to promote investment in social and economic development.
- In setting out the aims for the planning of specific territories, it is necessary to take account of the needs of the public, the peculiarities of landscape, geographical situation, geological conditions, the requirements urban development, architecture, technical, environmental, heritage conservation issues, the requirement for the use and management of agricultural land, the rights of land and other real estate owners and third persons, the needs of State security and defence. Article
- Types and Levels of Territorial Planning
- The types of territorial planning shall be as follows: 1) general territorial planning; 2) special territorial planning; 3) detailed territorial planning;
- The levels of territorial planning according to the institution approving the territorial planning document shall be as follows: 1) the State (the documents are approved by the Seimas; 2) the Government (the documents are approved by the Government; 3) the institution authorised by the Government (the documents are approved by institution authorised by the Government); 4) the county (the documents are approved by the county governor); 5) the municipality (the documents are approved by the municipal council or the director of the municipality administration authorised by him).
- According to the size of the planned territory and the level of specification of the solutions the levels of territorial planning shall be as follows: 1) national - the entire territory of the State (the general and special territorial planning documents are prepared); 2) regional – parts of State territory which differ by administrative (counties), principled functional commonality (documents of general and special territorial planning are prepared); 3) district – parts of State territory which differ by administrative (counties), specific functional commonality (documents of the general and special territorial planning are prepared); 4) area – land parcels or their groups (documents of detailed and special territorial planning are prepared). Article
- Shaping and Implementation of Territorial Planning Policy
- The broad directions of territorial planning policy shall be established by the Seimas.
- The Government shall shape territorial planning policy and provide for the measures to implement it.
- The Ministry of the Environment shall: 1) implement, within its competence, the State territorial planning policy; 2) coordinate and organise, within its competence, the preparation of territorial planning documents of the State level. 3) prepare, within its competence, the legal acts necessary for the implementation of territorial planning policy; 4) issue, within its competence, the planning conditions; 5) present requirements to the organisers of planning concerning mandatory preparation of territorial planning documents if the carried out or envisaged activities or failure to act has or may have diverse consequences for the quality of life or the environment. 6) perform, within its competence, State supervision of territorial planning; 7) monitor, within its competence, the implementation of State level territorial planning documents; 8) perform other functions set out in this Law and other legal acts.
- Institutions authorised by the Government shall: 1) organise, within its competence, the preparation of territorial planning documents; 2) draft, within its competence, the legal acts necessary for the implementation of this Law; 3) monitor, within its competence, the implementation of territorial planning documents of the Government level, of the level of the institution authorised by the Government ; 4) perform other functions set out in this Law and other legal acts.
- County Governor: 1) implement the State territorial planning policy in the county; 2) organise and coordinate, within its competence, the preparation of territorial planning documents of the county level; 3) within its competence implement State supervision of territorial planning; 4) within its competence monitor the implementation of territorial planning documents of the Government level or of the level of the institution authorised by it or of the level of the county; 5) perform other functions set out in this Law and other legal acts.
- Municipal institutions shall: 1) implement the State territorial planning policy preparing the documents of territorial planning of the municipality level; 2) coordinate and organise the preparation of territorial planning documents of the municipality level; 3) within its competence monitor the implementation of the municipality level territorial planning documents; 4) perform other functions set out in this Law and other legal acts. Article
- Coordination of Strategic Territorial Planning The preparation of territorial planning documents must be coordinated with the strategic planning documents. Documents of strategic planning must be prepared by the beginning of the territorial planning process or may be prepared during the preparation of territorial planning documents. For ensuring the solutions of territorial planning documents the programmes for the implementation of the solutions shall be prepared. CHAPTER TWO GENERAL TERRITORIAL PLANNING Article
- Objects and Tasks of the General Territorial Planning
- Objects of the general territorial planning shall be as follows: 1) State territory; 2) county territory; 3) municipality territory or its parts (towns and cities).
- The tasks of the general territorial planning shall be as follows: 1) forming the concept of territorial management, use and protection; 2) optimising the town-planning structure and the system of infrastructure of the territory; 3) providing for the measures and restrictions to ensure rational use of natural resources, ecological balance of the landscape, formation of the natural framework, preservation of the natural and cultural heritage values; 4) providing for measures to improve the urban spatial composition of built-up areas, the quality of life and the environment, for forming the system of municipal parks of general use. 5) setting the parameters of height and intensity of the development of the planned territory; 6) providing for the main provisions for the formation and implementation of regional policy ; 7) reserving the territories in which the objects required for meeting the needs of communication corridors, engineering and communications infrastructure and other needs of the public shall be developed; 8) setting functional zones of the territories specifying the integrity of the territories and/or its specifics.
- Other tasks of general territorial planning may also be established having regard to the object of the general territorial planning and specific needs of the public, social, economic and ecological specifics of the planned territory. Article
- Organisers of the General Territorial Planning The organisers of the general territorial planning shall be as follows: 1) the Ministry of the Environment; 2) the County Governor; 3) the director of the municipality administration. Article
- Documents of the General Territorial Planning
- The documents of the general territorial planning shall be as follows: 1) the general (master) plan of the State territory; 2) the general (master) plan of county territory; 3) general plan of the municipality territory; 4) general plan of a part of the municipality territory (of a town or a city).
- General plans shall be binding on all owners, managers or users of the real estate located in the planned territory. Article
- The Process of General Territorial Planning
- The process of general territorial planning shall comprise the preparatory stage, the stage of preparation of the territorial planning document, the final stage. Preparing the general plans of the part of the municipality territory having not more than 20 thousand residents or changing all the effective solutions of general plans, the parts of stages of preparing the general plan provided for in paragraph 3 of this Article may be interconnected on a reasoned decision of the municipal council, while the specific works of planning shall be performed according to the programme of planning approved by the organiser of planning.
- During preparatory stage the objectives and tasks of territorial planning shall be established, the programme of planning shall be prepared and approved, as necessary, the investigations shall be carried out, an adopted decision concerning the beginning of preparation of territorial planning documents and planning objectives shall be publicly announced.
- The preparatory stage of territorial planning document shall consist of: 1) the stage of analysing the current state – natural, social, cultural, economic conditions of the territory shall be analysed, possibility and quality potential shall be assessed, the territorial development tendencies as well as problem situations and habitats shall be investigated; 2) the stage of preparing the concept – the overall spatial concept of territorial development, functional priorities and specifics of regulation of territorial management shall be established; 3) the stage of specification of the solutions: solutions concerning the formation of the urban and natural framework, preservation of the landscape, biological diversity and cultural heritage, the use and management of bioproductive economy, the use and management of recreational, industrial, trade or any other territories, as well as territorial development and reservation of territories for social, cultural and communications needs of the State (in the town and city general plans also for the formation of architectural spatial composition, development of municipal park system, improvement of quality of the habitat, establishment of ecological conservation zones, the issues of territorial regulations and provisions of further implementation of detailed planning) shall be prepared.
- The stage of assessing the effects of the solutions of the planning document shall be necessary for assessing the effects of the territorial planning documents according to the procedure established by the Government. The strategic impact assessment of the territorial planning document solutions shall be carried out in the cases and according to the procedure established by laws and other legal acts.
- The final stage: 1) the stage of considering and coordinating the solutions of territorial planning document – consultation or public hearing, coordination with institutions, examination of disputes; 2) the stage of approving the territorial planning document – inspection in the institution performing the supervision of State territorial planning, approval and recording in the register of territorial planning register.
- Before commencing the preparation of the general territorial planning documents, the organiser of planning may apply in writing according to the procedure established by the Ministry of the Environment to the institutions specified in the description of this document, requesting that they issue the planning conditions. The planning conditions shall be issued or a reasoned answer concerning the refusal to issue them shall be submitted within 20 working days from the day of receipt of the request. If the planning conditions have not been issued within the established period and the organiser of planning has not been informed of the reasons for refusing to issue the conditions, the organiser of planning shall have the right to start preparing the documents of general territorial planning. He shall within 5 working days notify thereof in writing the institution to which the institution which had to issue the planning conditions is attached to. The institution which receives the communication shall have to decide on the way of inspection of the solutions of the planning document prepared without the issued territorial planning conditions.
- Following the approval of the general plan, the monitoring, supervision and control of the implementation of these solutions of the territorial planning documents shall be carried out. Together with territorial planning databank information shall be continuously gathered and analysed, the need for investment shall be established, programmes for the implementation of solutions of the general plan shall be prepared. Article
- Preparation, Coordination, Approval and Validity of the General Territorial Planning Documents
- The procedure for preparing, considering, coordinating, inspecting, approving and validating general plans shall be established by this Law and the rules of preparing the general plans of the county territory, municipality territory and its parts approved by the Ministry of the Environment. The general (master) plan of the State territory shall be prepared according to the procedure established by the Government.
- The directions of development of the State, county, municipality territories and parts of municipalities, the concept of spatial development shall be prepared for a 20-year period, while the specific solutions shall be prepared for a 10-year period. Their validity may be extended.
- The preparation of general (master) plan of the State territory shall be commenced on the decision of the Government. The preparation shall be organised by the Ministry of the Environment. The Government shall submit the general (master) plan to the Seimas for approval.
- The general (master) plan of the county shall be prepared on the decision of the County Governor. The County Governor shall submit the general (master) plan to the Government for approval.
- The general plans of the municipality territory or its parts shall be prepared on the decision of the municipal council. Their preparation shall be organised by the director of the municipality administration. The director of the municipality administration shall submit the general plan to the municipal council for approval.
- The solutions of the general (master) plan of the State territory must be coordinated with the ministries, County Governors and other institutions which have submitted the planning conditions.
- The solutions of the general (master) plan of the county must be coordinated with the effective solutions of the general (master) plans of the adjacent counties as well as with the solutions of special plans according to the procedure provided in the rules specified in paragraph 1 of this Article and not be contrary to the solutions of the general (master) plan of the State territory, the special plans of the Government level or of the level of the institution authorised by the Government.
- The general plans of the municipality territory and its parts must be compatible with the solutions of the county level general and special planning documents as well as the provisions of legal acts regulating territorial planning.
- If the conclusion of the institution carrying out State supervision of territorial planning concerning the approval of the general territorial planning document is negative, this territorial planning document shall not be submitted for approval.
- The approved State, county general (master) plan shall enter into force on the day following the publication in “Valstybės žinios” of the decision of the institution approving it concerning the approval of the general (master) plan and the full copy of the territorial planning document is published in the website of “Valstybės žinios” (www.valstybės-žinios.lt), unless the later date of entry into force is established in the decision itself.
- The approved general plan of the municipality territory or its part shall enter into force on the day following its publication in the local press or on the day following the publication in the local press of the official information note on the approval of the territorial planning document and the publication of the full text of the territorial planning document in the website of the appropriate municipality, unless the legal act itself establishes a later date of its entry into force. Article
- Implementation and Amendment of the General Territorial Planning Documents
- Basing himself on the data of monitoring the implementation of general territorial planning document solutions, the director of municipality administration, the County Governor, the Government must not later than six months before the beginning of every municipal elections or elections to the Seimas present reports to the appropriate municipality council, the Government or the Seimas as well as inform the public about the implementation of the solutions of the general territorial planning documents.
- The director of the municipality administration, the County Governor, the Government shall within six months from the elections to the Seimas and municipal council accordingly present to the Seimas, the Government and the municipal council the results of implementing the solutions of the general territorial planning documents.
- The amendments to the general plan shall be prepared and approved according to the same procedure as the general plan. The solutions of general plans may be changed not more than once per year. The general plan shall be amended only in cases of changing the principal concept of territorial management, use and protection and the intended amendments significantly affect the use of the urban structure, the system of infrastructure or the application of general use territories. The decision on the necessity of amendment of the general plan shall be taken on a reasoned proposal of the organiser of planning by the institution which approved the general plan.
- The general plans of a part of the municipality territory (towns or cities) shall not be subject to amendment if the land parcels provided for in the housing territories, public, industrial and warehousing as well as trade territories are intended to be used for other purposes (not as established) and such land parcels constitute not more than 20 per cent of the overall marked area of the specific territory, also in cases when the manner of use of the land parcel is changed - polluting productive objects not having diverse consequences for the quality of life or the environment (the list of these objects shall be approved by the municipal council). CHAPTER THREE SPECIAL TERRITORIAL PLANNING Article
- Objects and Tasks of Special Territorial Planning
- The objects of the special territorial planning shall be as follows: 1) agricultural, forestry, conservationist and other purpose land; 2) land for aquaculture purposes; 3) engineering, communications, recreational, tourism, social, cultural, as well as other infrastructure as well as town building systems or their parts; 4) the system of protected areas and its parts; 5) the system of recreational areas and its parts; 6)communication corridors.
- Tasks of special territorial planning. 1) to secure the rational use of land, forests and water resources; 2) to develop the system of traffic routes, engineering and utility network, energy systems and other infrastructure and reserve the territories for their development; 3) to set the territorial use, management and protection regime, landscape formation directives and territory management measures. 4) to develop tourism services and recreational facilities, to rationally use natural and cultural resources, 5) to reserve the territories for communications corridors, traffic routes, infrastrure objects and other objects necessary for public needs.
- Other specific planning tasks shall be established by the Law on Protected Areas, the Law on Roads, the Forestry Law, the Law on the Protection of Immovable Cultural Properties, the Law on the Heat Sector, the Law on Land and other legal acts. Article
- The Organisers of Special Territorial Planning The organisers of special territorial planning shall be as follows: 1) State institutions; 2) County Governors; 3) the directors of the municipality administrations. 4) legal persons as well as natural persons in the cases prescribed by other laws. Article
- Documents of Special Territorial Planning
- The documents of the special territorial planning shall be as follows: 1) land use planning schemes and plans (projects), land use plans (projects); 2) forest management schemes; 3) landscape management plans; 4) water management schemes and plans (projects); 5) the schemes of the protected area networks and plans (projects)of the separate protected areas, their parts or zones, territories of the objects of cultural heritage or their zones; 6) schemes and plans (projects) of tourism and recreation; 7) schemes and plans (projects) of development of infrastructure (communication corridors, telecommunications, retail trade and other infrastructure items), 8) plans of the Republic of Lithuania and one or several foreign States on cross-border development of the pre-frontier territories; 9) plans for positioning high-rise buildings; 10) plans for positioning the territories of apartment houses or other buildings or structures.
- The organisers of special territorial planning may also prepare other necessary documents of special territorial planning.
- In cases when the general plans of the municipality territory or its parts are not prepared or the issues of landscape management, infrastructure development and positioning of high-rise buildings have not been addressed in the solutions of the prepared general plans, it is obligatory to prepare special territorial planning documents – schemes and/or plans/projects of landscape management, infrastructure development and positioning of high-rise buildings. Plans of positioning high-rise buildings shall not be prepared if the construction of such buildings is not planned. Article
- Preparation of Special Plans
- The special plans shall be prepared: 1) when their preparation is provided for under laws or other legal acts; 2) when the general planning documents have not been prepared; 3) when the valid solutions of the general or detailed planning are not prepared for the planned activity or it is necessary to detail the solutions of the general planning documents.
- The solutions of the approved special plan shall be mandatory for the planned activities, also they shall establish the mandatory requirements for the preparation of planning document of the same or lower level.
- The special plans may be prepared, coordinated, considered and approved following the simplified procedure according to the rules specified in article 18
(1)and the provisions specified in Article 30
(3).
- The conditions and regulations for using the communication corridors and infrastructure territories shall be established by municipal councils. Article
- The Process of the Special Territorial Planning
- The process of special territorial planning shall comprise the preparatory stage, the stage of preparation of the territorial planning document, the stage of assessing the effects of the solutions, the final stage. The organiser of planning acting according to the rules of preparing special plans and in view of the objectives and tasks of planning may provide in the programme of planning works to join the stages of territorial planning document preparation set in paragraph 3 of this Article.
- During the preparatory stage the objectives and tasks of territorial planning shall be established, the programme of planning shall be prepared and approved, as necessary, the investigations shall be carried out, an adopted decision concerning the beginning of preparation of territorial planning documents and planning objectives shall be publicly announced.
- The preparatory stage of territorial planning document shall be constituted of: 1) the stage of analysing the current State - the assessment of territorial development possibilities, the trends of development and setting of problem situations and areas. 2) the stage of concept preparation – the priorities of spatial development and principles of management shall be established; 3) the stage of specification of the solutions: the solutions for the management of appropriate agricultural areas, development of objects of infrastructure, protection of landscape, biological diversity and cultural heritage, possible reservation of territories shall be prepared and the territorial management regulations corresponding to the territorial planning levels shall be prepared.
- The stage of assessing the effects of the solutions of the territorial planning document. The assessment of the effects of the territorial planning document solutions shall be performed according to the procedure established by the Government. The strategic impact assessment of the territorial planning document solutions shall be carried out in the cases and according to the procedure established by laws and other legal acts. In cases where, under the Law on the Assessment of Effects of the Planned Economic Activities on the Environment, the assessment of effects on the environment of the planned economic activities has to be carried out and such assessment has not been carried out, the assessment shall be carried out when preparing the special plan.
- The final stage shall consist of: 1) the stage of considering and coordinating the solutions of territorial planning document – consulting or public hearing, coordinating with institutions, dispute resolution; 2) the stage of approving the territorial planning document – inspection in the institution performing the supervision of State territorial planning, approval and recording in the territorial planning register.
- Before commencing the preparation of the special territorial planning documents, the organiser of planning may apply in writing according to the procedure established by the Ministry of the Environment to the institutions specified in the description of this procedure, requesting that these state the conditions of planning. The planning conditions shall be issued or a reasoned answer concerning the reasons of the refusal shall be submitted within 20 working days from the day of receipt of the request. If the planning conditions have not been issued wityh9ūn the established period and the organiser of planning has not been informed of the reasons for refusing to issue the conditions, the organiser of planning shall have the right to start preparing the documents of special territorial planning. He shall within 5 working days notify thereof in writing the institution to which the institution which had to issue the planning conditions is attached to. The institution which receives the communication shall have to decide on the way of inspection of the solutions of the planning document prepared without the issued territorial planning conditions. Article
- Preparation, Amendment, Coordination, Approval and Validity of the Special Territorial Planning Documents
- The procedure for the preparation, consideration, coordination, inspection, approval and validity of special plans shall be established by this Law, the laws regulating appropriate activities and rules for the preparation of special plans. Special plans which have no approved rules for the preparation shall be prepared under the requirements of this Law and other legal acts regulating territorial planning. The ministries shall prepare, according to their respective competence, the rules for preparing special plans of separate types and approve them together with the Ministry of the Environment.
- The solutions of special plans must be in keeping with the requirements of special conditions of land use set by laws or the requirements of special land-use conditions set by the Government resolutions, in effect to the documents of general planning of appropriate level, other legal acts and must be approved following the rules established by this Law and paragraph 1 of this Article.
- The special plan of national level shall be approved or refused approval giving reasons for reply within 3 months and of regional level – within 2 months from the day of submission by the special territorial planning organiser of the application to approve the special plan.
- The special plan of district and area level shall be approved or refused approval in a reasoned manner within 20 working days from the day of submission by the special territorial planning organiser of the application to approve the special plan. If the special planning organiser is a municipal institution, the special plan shall be approved within 20 working days from the day of receipt by the institution performing the monitoring of State territorial planning of the inspection plan.
- The special plan shall not be submitted for approval if the conclusion of the institution performing the state supervision of planning territories is negative. In cases when the conclusion concerning the approval of a special plan is positive but the institution which has to approve the special plan does not approve the plan it must within the term set for the approval of the special plan submit to the organiser of special planning a reasoned response on the refusal to approve the plan.
- If the municipal institution which had to approve the special plan failed to approve it within a specified time period and did not present a reasoned response concerning its failure to approve the plan, at the application of the planning organiser or on his own initiative the Government representative must perform the actions provided for in Article 5
(2)of the Law of the Republic of Lithuania on Administrative Supervision of Municipalities.
- The projects of cross-border territory development planning shall be approved by the Government or the institution authorised by it. The special plans for the management of special protected territories entered in the UNESCO world heritage list shall be approved by the Government.
- The approved special plan shall enter into force on the next day after the publication in the “Valstybės žinios” of the decision of the Seimas, the Government, ministries or Government institutions, higher administrative units of management institutions and other State institutions on the approval of the special plan is published in the internet website of the “Valstybės žinios” (www.valstybes-zinios.lt.) the special plan approved by the municipality shall enter into force on the next day after its publication in the local press of the approval of the territorial planning document and the publication in the website of the appropriate municipality of the full text of the territorial planning document, unless the legal act itself establishes a later date of its entry into force. The approved special plans shall be valid indefinitely.
- The amendments to the plans shall be prepared, considered, coordinated, verified. approved according to the same procedure as the special plan. The special plan shall be amended only in cases when the concept of activity is changed as are the directions of activity, the management priorities and its solutions. The decision on the necessity of amendment of the special plan shall be taken on a reasoned proposal of the organiser of planning by the institution which approved the special plan. CHAPTER FOUR THE DETAILED TERRITORIAL PLANNING Article
- Objects and Tasks of Detailed Territorial Planning
- The objects of the detailed territorial planning shall be as follows: 1) parts of territories of towns, cities; 2) territories of villages; 3) land parcel and groups of parcels;
- The objects of the special territorial planning shall be as follows: 1) detailing the territorial management and use regulations established in the general and special planning documents; 2) forming land parcels for the construction of structures, creating conditions for investment and for development of economic activities; 3) establishing or amending territorial management or use regime for the preparation of construction projects and for using the land parcel; 4) forming land bands for setting up communication corridors and traffic routes, for the development of engineering and town infrastructure. Article
- The Organisers of the Detailed Territorial Planning
- The organisers of the detailed territorial planning shall be as follows: 1) the director of the municipality administration; 2) managers of State land.
- The municipality may, according to the procedure, in cases and following the conditions established by the Government, conclude a contract on the transfer of the rights and obligations of the organiser of the detailed territorial planning to the manager or user of land parcels. Article
- The Documents of the Detailed Territorial Planning
- The documents of the detailed territorial planning shall be as follows: 1) detailed plans of towns and parts of city territories (neighbourhoods) and village territories; 2) detailed plans of the land parcel or groups of land parcels.
- During the land reform forming the land parcels returned in kind and the land parcels of house holdings, the plans of land parcels prepared according to the procedure established by the Government shall place them among the documents of detailed territorial planning.
- When forming the State-owned land parcels (validating the existing territorial management and use regime), the structures intended to be transferred by trust or loan for use agreement to the structures located on them, managed by State or municipal institutions, the existing traffic routes, urban forests, parks, squares and other parcels of land prepared according to the procedure established by the Government shall place them among the documents of detailed territorial planning Article
- Preparation of Detailed Plans
- The detailed plans shall be prepared: 1) for territories, in which according to the general or special plans of municipality territories and their parts (towns, cities) it is intended to develop the construction of apartment houses, public buildings, recreational and general use buildings, trade and warehousing buildings, commercial, trade, engineering networks, traffic routes and other objects; 2) when the land parcels are formed for building new structures or for developing other non-agricultural or forestry activities; 3) when the main purpose to which the land is put is changed for building the structures and developing other activities; 4) when at least one of these mandatory requirements of territorial management and use regime are changed: type and/or subtype of the application of the territory/land parcel, the permitted height of buildings, the permitted compactness of the development of the land parcel. Other requirements for territory management and use regime, unless they violate the laws or other legal acts and the establishing institution gives its approval thereof in writing, may be adjusted during the preparation of the construction technical project. 5) when the land parcels are divided, separated (except when it is not allowed under laws to divide in parts private land parcels) or merged; 6) when the borders and area of the used land parcels are changed; 7) when the land parcels are formed in the vicinity of used structures.
- Detailed plans may also be prepared in other cases when this provided for by laws and other legal acts.
- Detailed plans shall not be prepared if the building permits are not necessary for the construction of the intended structures, also when the land parcel management and use regime is not changed and if that is provided for in other laws.
- The parcels of adjacent land may be delimited and their area may be changed without the detailed plan, if such change is not linked to the formation of a new parcel of land or to the increase of the land area in the free State-owned land as well as changing the regime of territorial management and use.
- The construction work carried out in village territories and agricultural land, except for the territories assigned to towns under the 1995 June 1 procedure as well as in cases established in subparagraphs 5, 6 and 7 of paragraph 1 of this Article, also when building farmer’s farmhouse in village territories or auxiliary buildings (farms, greenhouses, rural tourism) when the construction work carried out corresponds to the conditions of construction work specified in the Law on Farmer’s Farm, also when the land parcels of State-owned land that are being offered for sale or rent in the garden territory produce not detailed plans but land-holding plans (projects) or rural development land-use planning projects according to the procedure laid down by the Law on Land and paragraph 1 of Article 18 of this Law.
- The detailed plans changing the main purpose of the type of land use from agricultural land to land used for other purposes shall be prepared if such change is provided for in the general as well as special plans of the municipality or its part. If the general or special plans have not been prepared, the planning organiser of detailed plans may be the director of the municipality administration or the manager of State-owned land. If the land manager or user intends to change the main purpose of land use from agricultural land to land used for other purposes in which it is forecast to construct important objects of municipality infrastructure (save apartment houses), by 31 December 2007 when the general plans of municipality territories and their parts (towns and cities) have to be prepared, the director of the municipality administration, in the event of the decision of the municipal council and approval of the County Governor shall conclude a contract according to the procedure established by the Government on the transfer of the right and duties of the organiser of detailed planning.
- The detailed plans shall not be prepared when the land used for agricultural purposes is to be afforested under the established procedure.
- The detailed plans specified in subparagraphs 8, 6 and 7 of paragraph 1 of this Article or landholding plans (projects) shall be prepared, coordinated, submitted to public hearing and approval according to the simplified procedure set forth in the rules specified in paragraph 1 of Article 26 of this Law and the provisions indicated paragraph 3 of Article 30 of this Law. Article
- Territorial Management and Use Regime
- When preparing detailed plans the mandatory territorial management and use regime shall be established. 1) the manner and/or character of the application of the territory/land parcel; 2) the permitted height of buildings; 3) the permitted compactness of the development of the land parcel; 4) the permitted intensity of land parcel development; 5) structures construction zone, construction boundary or line, 6) the manner of supply of communal or local engineering networks, the manner of engineering supply of the territory (land parcel) and communication corridors; 7) organisation of communications system; 8) servitudes.
- In cases when the planned territory is of relevance from the point of view of landscape protection, town-building, architecture or cultural heritage, the mandatory territorial management and use regime shall be supplemented with the following requirements: 1) urban and architectural; 2) natural and cultural heritage protection; 3) a forestation of the territory (land parcel) (in percentage).
- The requirement concerning additional territorial management and use regime shall be established when issuing planning conditions.
- The requirements of paragraphs 1 and 2 of this Article shall not be applied to landholding plans (projects) if construction works are not provided for in them. Article
- Requirements for the Preparation of a Detailed Plan
- It shall be permitted to prepare detailed plans forming land parcels for the construction of residential buildings and other purpose buildings and structures only in cases when the construction is provided for in the general plans of the municipality or its part or in special plans of protected territories or their zones, protected objects of heritage as well as the plans of positioning residential and other territories. If the general plans are not prepared by 31 December 2007 when the general plans of municipality territories and their parts (towns and cities) have to be prepared, the preparation of detailed plans of the construction of material municipal infrastructure objects (except residential buildings) may be permitted on the decision of municipal council, upon the receipt of the County Governor’s approval.
- Establishing by a detailed plan the territorial management and use regime in towns, cities and spheres of their influence, the requirements for the engineering networks to connect to the municipality infrastructure shall be set in the planning conditions. If connection to the existing public utilities network is not appropriate from the ecological, economic and technical point of view, when preparing the detailed plan the possibilities of installing local networks shall be considered
- In the territories not prepared with engineering judgement, where the construction of public utility networks is provided for, the detailed plans for the construction of buildings and structures shall be prepared in cases when the mandatory infrastructure development plans are prepared for meeting their planning targets. If these plans have not been prepared, they may be addressed at the same time as the detailed plans.
- Detailed plans may not be prepared if the planning targets are contrary to the requirements of laws and other legal acts. The detailed plans whose envisaged solutions do not correspond to the solutions of the general or special plans of regional or district level, shall be prepared, to the satisfaction of the planning organiser, together with the changes in the solutions of general or special plans (except for land-use projects of the land reform) if the decision concerning the changing of the solutions has been taken by the institution which approved the plans. In this case the detailed plan shall be approved after the changing under this Law and other legal acts of the envisaged solutions of the detailed plan which do not conform to the solutions of the territorial planning (general and special) documents. If the solutions of the general plan or special plan are not changed according to the established procedure and the detailed plan may not be approved, the costs relating to the preparation of the detailed plan shall not be compensated to the organiser of planning.
- A second residential house, other purpose house (except for their accessories) may be built in land parcels of land holdings (except in cases when the partitioning of private land is prohibited under law) only according to the detailed plan having formed a new land parcel. Article
- The Process of Detailed Territorial Planning
- The process of detailed territorial planning shall consist of the preparatory stage, the stage of preparation of the territorial planning document, the stage of assessing the effects of the solutions, the final stage. When the organiser of planning is the farmer or the land user, the requirements concerning the stages of preparation of the detailed plan shall be set in the planning conditions by the chief architect of the municipality. In this case the preparatory stages specified in paragraph 3 of this Article may be joined. Where the organiser of planning is the director of the municipality administration while the planned territory is composed of a larger territory than one district, the solutions prepared during the stage of concept preparation may be addressed in detail in separate parts of the district (detailed plans of the land parcel or their groups). In this case the requirements of subparagraph 3 of paragraph 3 of this Article shall not apply to the solutions prepared during the concept establishment stage.
- During preparatory stage the objectives and tasks of planning shall be established, the programme of planning shall be prepared and approved, as necessary, the investigations shall be carried out, an adopted decision concerning the beginning of preparation of territorial planning documents and planning objectives shall be publicly announced.
- The preparatory stage of territorial planning document shall consist of: 1) the stage of analysing the current State: evaluation of building density in the current territory (land parcel), engineering networks, streets, greenery, natural and cultural heritage objects, territorial development trends, problem situations; 2) the stage of concept formulation: determining the main aspects of use and protection of the territory and maintenance priorities; 3) the stage of specification of solutions: providing for specific measures for the use and protection of the territory, a programme of construction and territorial management, regulation of activities;
- The stage of assessing the effects of the solutions of the planning document shall be necessary for assessing the effects of the territorial planning documents according to the procedure established by the Government. Preparing the detailed plan the strategic environmental impact assessment of solutions of the territorial planning document shall be performed only if provided for by laws and other legal acts.
- The final stage: 1) the stage of considering and coordinating the solutions of territorial planning document: consulting or public hearing, coordinating with institutions, examination of disputes; 2) the stage of approving the territorial planning document: inspection in the institution performing the oversight of State territorial planning, approval and recording in the register of territorial planning.
- Before starting the preparation of legal planning documents the organiser of planning shall address the civil servant of the municipality administration – the chief architect of the municipality - with a request that the latter present a digest of planning conditions. The digest of planning conditions shall be issued or a reasoned answer concerning the reasons of the refusal shall be submitted within 20 working days from the day of receipt of the request. If the digest of planning conditions and/or the planning conditions have not been issued by the established deadline and the organiser of planning has not been informed of the reasons for refusing to issue the conditions, the organiser of planning shall have the right to start preparing the documents of detailed territorial planning. He shall within 5 working days notify thereof in writing the institutions issuing planning conditions and the institution performing State supervision of planning, while he may start preparing the territorial planning document after the passage of 10 days from the day of sending the notification. Regardless of whether the institution which had to issue the planning conditions did it or not, it shall take part in coordinating the territorial planning document in the standing committee on construction. Article
- Preparation, Changing, Coordination, Approval and Validity of Detailed Plans
- The procedure for the preparation, consideration, coordination, inspection, approval and validity of detailed plans shall be established by this Law and the rules of preparation of detailed plans approved by the Ministry of the Environment. The land-holding plans (projects) shall be prepared according to the procedure established by the Law on Land.
- The detailed plans of the State border, the objects of national defence and the objects of strategic importance shall be prepared, coordinated with and approved according to the procedure established by the Government.
- The solutions of the detailed plan must not be contrary to laws, requirements of special land use conditions established by the Government resolutions, the solutions of the effective general plans as well as special plans of the municipality territory and its parts (except for the land-use projects of the land reform, whose solutions shall be changed by detailed plans).
- Detailed plans shall be approved by the municipal council or the director of municipality administration by order of the council. The solutions of the detailed plan (drawings and notes ) shall be attached to the document whereby the detailed plan is approved. The detailed plan shall be approved or refused approval in a reasoned manner within 20 working days from the day of submission by the detailed territorial planning organiser of the application to approve the detailed plan.
- The detailed plan shall not be submitted for approval if the conclusion of the institution performing the monitoring of State planning territories is negative. In cases when it is proposed to approve the detailed plan, the municipal council or, on his order, the director of the municipality administration, having refused to approve the detailed plan, must with in 20 working days from the day of submission of the plan submit a reasoned response. If the municipal council or the director of the administration failed to approve the detailed plan within a specified time period and did not present a reasoned response concerning its failure to approve the plan, at the application of the planning organiser or on its own initiative the Government representative must perform the actions provided for in Article 5
(2)of the Law of the Republic of Lithuania on Administrative Supervision of Local Authorities.
- The solutions of detailed plans shall be valid indefinitely if the specific time period was not set when approving the detailed plan.
- The amendments to the detailed plan shall be prepared, coordinated and approved according to the same procedure as the detailed plan.
- The approved detailed plan shall enter into force on the day following its publication in the local press or on the day following the publication in the local press of the official information note on the approval of the territorial planning document and the publication of the full text of the territorial planning document in the website of the appropriate municipality.
- The municipality must submit to the County Governor the decision on the approval of the detailed plan not later than within 20 working days after its approval. CHAPTER FIVE GENERAL PROCEDURE OF COORDINATING AND SUBMITING FOR APPROVAL TERRITORIAL PLANNING DOCUMENTS Article
- General Procedure for Coordinating and Submitting for Approval
- Before submitting for approval the solutions of the general, special and detailed territorial planning documents must be: 1) considered according to the established procedure; 2) coordinated with the effective territorial planning documents of the appropriate level registered in the register of territorial planning documents and receive, within the terms set by this Law, the reasoned conclusions of the institutions which issued the planning conditions on the coordination of solutions of the prepared territorial planning documents. 3) inspect the institution performing the supervision of State territorial planning;
- If the conclusion of the institution carrying out State supervision of territorial planning concerning the territorial planning document is negative, this territorial planning document shall not be submitted for approval.
- The list of coordinating institutions, their competence and coordination procedure shall be specified in the regulations for preparing the planning documents of appropriate type.
- The procedure for coordinating the municipality level planning documents shall be performed at the Permanent Commission on Construction of a respectful municipality and shall be completed within 15 working days from the day of submission of the application by the organiser of planning to coordinate the territorial planning document. The Commission shall be composed of the representatives of the institutions preparing the planning conditions who are authorised to take decisions. The Chairman of the Commission and Commission members shall be liable under law for the lawfulness of decisions taken by them according to their competence. The organiser of planning or his authorised representative must participate in the coordination procedure. The results of the coordination procedure shall be finalised by a record. The territorial planning document shall be deemed coordinated if approved by all the members of the municipality Permanent Commission on Construction who participated in the meeting or submitted their approval in writing. If at least one Commission member does not agree with the coordination of the territorial planning document, it shall be considered that the Commission took a decision not to coordinate the territorial planning document. The reasons of refusal to coordinate the territorial planning document shall be set forth in the record of the coordination procedure.
- The coordination procedure of the national level territorial planning documents at the institution performing that must be completed within 25 working days, of the regional level territorial planning documents – within 20 working days, and district and area level territorial planning documents – within 15 working days from the day of receipt of the application.
- If the conclusion or record concerning the coordination or failure to coordinate within the set time period was not issued and the organiser of planning was not informed of the reasons for failure to issue the record or the conclusion, it shall be considered that the document is coordinated and the organiser of planning has the right to submit the prepared territorial planning document to the institution performing State supervision of territorial planning. He shall within 5 working days notify thereof in writing the institution which had to submit the conclusion or the record of the coordination.
- The disputes which arose between institutions issuing the conditions of planning and/or the organiser of planning, as well as the disputes which arose during the coordination and reflection procedure shall be heard and decisions shall be taken by the institutions which perform State supervision of territorial planning. CHAPTER SIX INFORMATION SYSTEM OF TERRITORIAL PLANNING Article
- Register of Territorial Planning Documents
- Documents of territorial planning shall be registered in the Register of Territorial Planning Documents. The register shall comprise the State, county and municipality territorial planning registers and their central database.
- The management of the territorial planning documents shall be regulated by the Law on State Registers and the provisions of the Register of Territorial Planning Documents approved by the Government.
- The organisers of planning shall submit in a mandatory manner all approved territorial planning documents for registration to the persons responsible for maintaining the register not later than within 15 working days from the day of their approval. The persons responsible for maintaining the register of territorial planning documents shall within 15 working days notify the person responsible for maintaining the real estate cadastre.
- The State register of territorial planning documents and their central database shall be managed by the Ministry of the Environment or its authorised institution, of the county – by the County Governor’s administration, of the municipality – by the municipality’s executive institution.
- All natural and legal persons shall have the right to be granted access to the data of the territorial planning register documents in the institution responsible for the appropriate register and to receive their copies for the set payment. Article
- Territorial Panning Data Bank
- The data bank of the territorial planning shall consist of the territorial planning databanks of State, county and municipality.
- The procedure for storing the data of the territorial planning data bank and the structure of the data bank shall be regulated by the Regulations of the territorial planning data bank approved by the Government.
- The storing and management of the State territorial planning data bank shall be organised by the Ministry of the Environment or its authorised institution, of the county – by the County Governor’s administration, of the municipality – by the municipality’s executive institution.
- The data shall be submitted at their request to the persons responsible for the management of documents of territorial planning register and the management of territorial registre of territorial planning documents
- The persons responsible for the management of State registers, cadastres, classifiers, territorial planning and other specialised data bases shall submit to the planning organiser or the person preparing the territorial planning document authorised by him according to the procedure established by the laws of the Republic of Lithuania and other legal acts regulating the submission of data. CHAPTER SEVEN PUBLICITY OF TERRITORIAL PLANNING Article
- Participation of the Public in the Process of Territorial Planning
- The general, special and detailed planning shall be public.
- The procedures ensuring publicity of territorial planning (publication of the decision on the beginning of the preparation of planning documents and planning targets, consulting, public hearing, provision of information, etc.) shall be carried out by the organiser of planning
- The general and simplified procedure of the participation of the public in the territorial planning process shall be regulated by the Regulations of Consulting, Public Hearing, approved by the Government. The general and simplified procedure of hearing of the public participation in the process of territorial planning shall be set taking into account the levels and types of the territorial planning documents. Article
- Publicity of Territorial Planning
- The decisions of the ministries, Government institutions and other State management institutions on the beginning of preparation of territorial planning documents and tasks of planning shall be published in the “Valstybės žinios” (the official gazette) and in the websites of institutions. The decisions of the institutions of the administration on the beginning of preparation of planning documents and planning tasks shall be published in the local press and websites of the institutions. The decisions on the preparation of the territorial planning documents adopted by the municipalities and their implementing bodies shall be published in the local press, website of the municipality and in the wards where the territorial planning is carried out. The organiser of detailed planning shall inform in writing the managers and users of the adjacent land parcels of the beginning of preparation of territorial planning documents and the planning targets of the land parcel or a group of land parcels and set up by the planned territory a plaque bearing the said information.
- The natural and legal persons shall have the right of access to the prepared and approved territorial planning documents in the institution which was the organiser of territorial planning, they shall be entitled to obtain for a fee established upon calculating the costs related to the preparation of these documents copies of the drawings of territorial planning documents or their parts.
- The public shall be introduced to the prepared territorial planning documents by the organiser of planning or the person authorised by him during the consulting and public hearing. 1) a not shorter than 2 month period shall be assigned for getting access to the prepared general and special territorial planning documents of the national, regional level, not less than one month of the period shall be assigned to a public exposure; 2) a not shorter than 2 month period shall be assigned for getting access to the prepared general and special territorial planning documents of the national, regional level, not less than one month of the period shall be assigned to a public exposure; 3) a not shorter than 20 working days period shall be assigned for getting access to the prepared detailed plans, not less than 10 working days of the period shall be assigned to a public exposure.
- The organisers of planning must announce in the press about the prepared territorial planning document, the procedure of getting access to it, the procedure of hearing, the place and time thereof in the website of the State institution or municipality which adopted the decision to prepare territorial planning document. The organisers of planning must announce about the prepared planning document of the municipality or its part, about the procedure of getting access to it or hearing; the place and time thereof, as well as announce in the notice board of the wards where the planned territory is and, in the event of detailed planning of the land parcel or group of land parcels, also in the notice board installed by the planned territory. In cases when under the solutions of the detailed plan or special plan of municipality level the land parcel is reserved for the development of important State, county or municipality objects or when it is intended to change the main purpose, type and subtype of land use, the organiser of planning must notify thereof in writing the managers and users of land plots. Article
- Submission of Proposals and Examination of Disputes
- The proposals on the territorial planning documents shall be submitted to the organiser of planning in writing in the course of the entire period of preparation of territorial planning documents until the public meeting as well as during the consulting.
- Having analysed the proposals submitted by the public, the organiser of planning shall prepare the summarising material concerning the adopted proposals and those rejected in a reasoned manner, which he shall submit together with prepared territorial planning documents to the institutions coordinating the territorial planning document. The organiser of planning shall respond in writing in a reasoned manner to the persons who submitted the proposals. The response may be appealed against to the institution which carries out State supervision of territorial planning within one month from receiving the appeal. The institution which carries out State supervision of territorial planning shall within 20 working days from the day of receipt of the appeal submit a reasoned response which may be appealed against to court according to procedure established by law.
- Persons who believe that the solutions of the approved territorial planning documents infringe their rights or lawful interests may appeal against the appropriate territorial planning documents to the institution which carries out State supervision of territorial planning
- Persons who may be attributed to the interested public and believe that the solutions of the approved territorial planning documents are in breach of the rights and lawful interests of the public or the State may apply in respect of lawfulness of such solutions to County Governor’s administration or the institution authorised by the Government or the Ministry of the Environment according to the competence established in Article 34
(2)of this Law The County Governor’s administration or the institution authorised by the Government or the Ministry of the Environment shall examine the person’s appeal according to the procedure established by the Law on Public Administration and, upon establishing any breach of the public or rights or lawful interests of the State, shall initiate the revocation according to the administrative procedure of solutions of the appropriate planning documents and, in the event when it is not possible to revoke according to administrative procedure the solutions of the territorial planning documents, shall bring the matter before the court.
- The persons referred to in paragraph 4 of this Article disagreeing with the decision of the County Governor’s administration on their appeal, may file an appeal according to the established competence to the institution authorised by the Government or the Ministry of the Environment. The institution authorised by the Government or the Ministry of the Environment shall examine the person’s appeal according to the procedure established by the Law on Public Administration and, upon establishing any breach of the public interests or rights or lawful interests of the State, shall initiate the revocation according to the administrative procedure of solutions of the appropriate planning documents and, in the event when it is not possible to revoke according to administrative procedure the solutions of the territorial planning documents, shall bring the matter before the court.
- The persons specified in paragraphs 4 and 5 of this Article, disagreeing with the decision of the institution authorised by the Government or the Ministry of the Environment, shall have the right to appeal to court for the defence of public interest. Article
- Consulting and Public Meeting
- Consulting shall mean the procedure ensuring the transparency of territorial planning in the course of which the competent interested organisations are consulted about the prepared solutions of State and regional level territorial planning documents.
- A public meeting as the procedure ensuring the publicity of territorial planning shall be organised upon preparing general, special, detailed territorial planning documents of the district, area level after the expiration of the period set for getting access to the prepared documents. The organisers of planning must present in the established procedure the prepared territorial planning document and other material showing the solutions. During the public meeting the organiser of planning or the person authorised by him shall discuss the amendments made under the proposals received before the public meeting as well as possible new amendments resulting from the proposals received during the public meeting and shall explain why some of the proposals are inadmissible. CHAPTER EIGHT STATE SUPERVISION OF TERRITORIAL PLANNING Article
- State Supervision of Territorial Planning
- State supervision of territorial planning shall be the inspection whether the planning conditions and the digest of planning conditions comply with the requirements of legal acts, the control of preparation, consideration and coordination of documents of general, special and detailed territorial planning, also the inspection whether or not the solutions are in keeping with the requirements of this Law and other legal acts regulating territorial planning. The general procedure of State territorial planning supervision shall be established by the Regulations of State Supervision of Territorial Planning and Construction approved by the Government.
- The State supervision of territorial planning shall be carried out by: 1) the State, the Government institutions, the institutions authorised by the Government, and county level general and special territorial planning (except for land-use schemes) and detailed planning of State border, national defence and territories of objects of strategic importance: by the institution authorised by the Ministry of the Environment; 2) documents of general, special territorial planning of the municipality level, detailed plans: by the County Governor’s administration; 3) land use schemes, plans (projects) and landholding plans (projects): by the institutions authorised by the Government; 4) forest management schemes: by the institutions authorised by the Ministry of the Environment.
- The institution authorised by the Government shall methodically manage the departments (branches) performing the State supervision of territorial planning and construction
- The institution performing State supervision of territorial planning must submit the territorial planning document inspection report within 20 working days from the day of submission of the territorial planning document according to the procedure set in the regulations specified in paragraph 1 of this Article.
- The territorial planning document shall be submitted for inspection to the institution performing State supervision of territorial planning upon the expiry of the term set in Article 32
(2)for appealing against the solutions of territorial planning document.
- The implementation of solutions of territorial planning documents shall be controlled according to their competence by State and municipal institutions following the procedure prescribed by laws and other legal acts. Article
- Functions of Institutions Performing State Supervision of Territorial Planning The institution performing State supervision of territorial planning shall perform these functions according to its competence: 1) check whether the planning conditions and digest of planning conditions correspond to the requirements of legal acts, whether the solutions of territorial planning documents correspond to the planning conditions, whether all procedures of preparation, consideration, coordination of territorial planning documents have been performed, and whether the solutions correspond to the requirements of this Law and other legal acts; 2) upon establishing the violations of requirements specified in paragraph 1 of this Article, demand they should be rectified according to the procedure established by this Law and other legal acts, apply administrative measures to those not abiding by these requirements; 3) submit reasoned conclusions to the institution approving the territorial planning document concerning the appropriateness of approval of the document; 4) examine and resolve according to the procedure prescribed by the regulations specified in Article 34
(1)of this Law the disputes on the violations of territorial planning processes and procedures; 5) the institution authorised by the Ministry of the Environment shall examine within its competence according to the procedure established by the Law on Public Administration the requests of natural and legal persons when these have already been examined by the County Governor within his remit, but the decision adopted by him does not satisfy the applicant. CHAPTER NINE SPECIALISTS OF TERRITORIAL PLANNING AND SUPERVISION Article
- Specialists of Territorial Planning and Supervision
- The right to prepare general territorial planning documents shall rest with: 1) the legal persons and branches of undertakings set up in European Union member States and other States-signatories to the EEA Agreement if the Instruments of Incorporation provide for the activities of territorial planning and the activities are directed by a certified territorial planning specialist; 2) a territorial planning specialist or a duly skilled specialist having a University degree (for preparing parts of the general plan).
- The right to prepare special plans shall be vested in: 1) the legal persons and branches in the Republic of Lithuania of undertakings set up in European Union member States and other States-signatories to the EEA Agreement if their Instruments of Incorporation provide for the activities of territorial planning and the activities are directed by a certifies territorial planning specialist; in cases when other laws or legal acts establish mandatory certification of such specialists – the certified specialist ; 2) the territorial planning specialist or a duly skilled specialist having a University degree, except in cases when other laws or legal acts establish mandatory certification of such specialists.
- The right to prepare detailed plans shall be vested in: 1) the legal persons and branches in the Republic of Lithuania of the undertakings set up in European Union member States and other States-signatories to the EEA Agreement if the Instruments of Incorporation provide for the activities of territorial planning and the activities are directed by a certified territorial planning specialist; 2) a territorial planning specialist or duly skilled specialist having a University degree (for preparing parts of the general plan).
- The right to prepare special territorial planning documents of land use planning shall be vested in legal persons and branches in the Republic of Lithuania of the undertakings set up in European Union member States and other States-signatories to the EEA Agreement if the Instruments of Incorporation provide for the activities of territorial planning and the activities of planning are directed by a specialist (specialists) who meets the requirements of the Law on Land.
- The certified specialists having a University degree in architecture shall be entitled to be chief architects of municipalities . State supervision of territorial planning shall be performed by duly skilled certified specialists having a University degree.
- The procedure of certification of territorial planning specialists, chief architects and specialists performing State supervision of territorial planning and qualification requirements shall be established by the Government or the institution authorised by it. CHAPTER TEN COMPENSATION FOR DAMAGE AND LIABILITY FOR VIOLATION OF LAW Article
- Compensation for Damage The damage which has arisen when the territorial planning documents were implemented by unlawful acts shall be compensated according to the procedure established by the Civil Code, the Law on Land and other legal acts. Disputes concerning compensation for damage shall be settled by court. Article
- Liability for Violation of the Law Persons who violate this Law shall be held liable in accordance with the procedure established by laws of the Republic of Lithuania. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS