One of the most important legal institutions envisaged by the provisions of the Amendment is the introduction of a planning tool in form of a general plan, which will replace the study of development conditions and directions ("Study"). The Amendment foreshadows major changes in the existing planning policy of municipalities.
General plan as a new planning tool
The general plan is a new planning instrument that is intended to take into account the spatial policy of the municipality in a holistic manner, including, inter alia: (i) historic monuments, (ii) degraded areas, (iii) revitalisation areas, (iii) location of existing and planned social, transport and technical infrastructure facilities, (iv) forms of nature conservation, (v) water intake zones, (vi) mining areas and (vii) agricultural land constituting class I-III agricultural land, which are located in the municipalities' areas.
According to the Amendment, the Study previously binding in a municipality will cease to be in force when the general plan comes into effect, but no later than 31 December 2025. By that date, each municipality is obliged to replace the Study with a general plan covering the entire area of the municipality, with the exception of closed areas other than those established by the minister responsible for transport.
Unlike the Study, the general plan will acquire the same rank as the local spatial development plan ("MPZP"). However, it will not replace the MPZP to any extent and these two acts will be binding in parallel. Municipalities will also not be obliged to amend the MPZP and to align the arrangements of the MPZP with the adopted general plans. Nevertheless, any subsequent amendments to the MPZP will already have to be in line with the general plan.
Elements of the general plan
The municipal council is required to define planning zones and municipal urban planning standards in the general plan. Additional elements that may be included in this act are the definition of infill areas and inner-city development areas.
Pursuant to the Amendment, the area covered by the general plan will be divided into planning zones. The Amendment distinguishes 13 zones that may be included in the general plan, including, in particular, a multi-functional zone with multi-family, single-family and homestead development, services, large-scale retail, agricultural production and infrastructure.
Planning zones related to multi-family, single-family and homestead development have been addressed in the Amendment in a particular way. When delimiting these zones, the municipality council will be obliged, as a matter of priority, to take into account the areas for which the current MPZP specifies the designation allowing for the realisation of the residential function and the areas for supplementing the development within the existing development. Furthermore, the Amendment introduces a concept of open zones, which are to be protected from intensive development (forests, agriculture, natural greenery).
The municipal urban planning standards will cover a catalogue of planning zones, in which key parameters affecting spatial development (e.g. maximum above-ground development intensity, maximum height of development, minimum proportion of biologically active area) are specified. The scope of these parameters will be determined for individual zones in implementing acts, which the minister responsible for construction, planning, spatial development and housing is obliged to issue. Within the framework of municipal urban planning standards, the municipal council may regulate municipal standards of social infrastructure accessibility, i.e. primary schools and public green areas.
The general plan may also define an area of development completion, where the issuing of zoning decisions will be permitted, and an area of inner-city development, understood as an area of compact, intensive residential and service development located in the city.
As regards the infill areas, the general plan will constitute the legal basis for issuing zoning decisions, and as regards all planning zones, its findings will have to be taken into account when drawing up the local spatial development plan and will constitute the basis for issuing zoning decisions. The general plan will not constitute the legal basis for decisions other than those mentioned above, which means that the findings of the general plan will enable the shaping of the land use specified both on the basis of the MPZP and the zoning decision.
General plan enactment procedure
Prior to the drafting of the general plan, the municipal council (at the request of the commune head, mayor, president or as a result of a citizens' legislative initiative) will be required to adopt a resolution to proceed with the drafting of the general plan, which will initiate the procedure for the adoption of the act.
Following the adoption of this resolution, as part of general plan adoption procedure, the commune head/mayor/president will be required to:
(i) announce the adoption of the resolution of the municipal council to proceed with the preparation of the general plan, specifying the manner and place for submitting applications to the draft general plan (within no less than 21 days from the date of announcement of the resolution);
(ii) notify of the adoption of the resolution on accession to the preparation of the general plan to the institutions and bodies competent to agree and give opinions on the draft general plan (setting a deadline for the submission of applications to the draft general plan, which shall not be shorter than 21 days from the date of notification);
(iii) prepare the draft general plan together with an explanatory memorandum and an environmental impact forecast (if required);
(iv) make available in the urban register (established as provided for in the Amendment) the draft general plan together with the explanatory memorandum and the environmental impact forecast (if required) and to request opinions on the draft general plan or to agree upon the draft general plan;
(v) amend the draft general plan as a result of opinions obtained or agreements made;
(vi) make the general plan available on the urban register, together with the explanatory memorandum, the environmental impact forecast (if required) and the list of applications;
(vii) announce the public consultation launch and carrying out of the public consultation, followed by Amendments to the draft general plan resulting from that consultation;
(viii) make the general plan available on the urban register, together with the explanatory memorandum, the environmental impact forecast (if required) and the public consultation report;
(ix) present to the municipal council the draft general plan together with a report summarising the public consultation process, a list of comments made and a proposal for their consideration and justification;
(x) present to the voivode the resolution on the adoption by the municipal council of the general plan together with the annexes and documentation of the planning work - in order to assess their compliance with the law.
The adoption of the general plan, including the preparation of all planning documentation, will be financed from the municipality's own resources.
It is also worth pointing out that the explanatory memorandum of the draft general plan will consist of two parts, i.e.:
(a) a textual part comprising: (i) the designation of planning zones and their boundaries (obligatory), (ii) the establishment of municipal urban planning standards (obligatory), (iii) the designation of the development complement area (optional);
(b) a graphic part including: (i) spatial data created for the master plan, (ii) boundaries of registered plots of land, (iii) spatial objects.
The nature of the general plans will also be determined by regulations of the minister responsible for construction, planning, spatial development and housing, which will specify: (i) the characteristics of the planning zones and the minimum proportion of biologically active area, (ii) the method of calculating the need for new residential development and the absorption capacity of undeveloped land), (iii) the method of creating a municipal catalogue of planning zones, and (iv) the method of designating the area of development additions taking into account the needs of shaping spatial order and rational management of agricultural land, including preventing the dispersion of development.
Entry into force
The Amendment was signed by the President on 24 July 2023 and will become effective after 30 days from the day of its publication, except for certain provisions.
For example, general plans should be adopted by local government bodies by 31 December 2025 at the latest. In this way, the legislator wants to facilitate and spread out the adaptation of municipal procedures to the newly introduced obligations.
We hope that you find the above information helpful. In subsequent alerts, we will inform you of further legal solutions adopted in the Amendment.
