Key Benefits:
GOVERNMENT OF THE REPUBLIC OF LITHUANIA
RESOLUTION NO 1267
ON
AMENDING RESOLUTION NO 1079 OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA OF 18 SEPTEMBER 1996 “ON APPROVAL OF THE REGULATIONS ON PUBLIC INFORMATION, CONSULTATION AND PARTICIPATION IN DECISION-MAKING ON TERRITORIAL PLANNING”
18 December 2013
Vilnius
1. To amend Resolution No 1079 of the Government of the Republic of Lithuania of 18 September 1996 “On Approval of the Regulations on Public Information, Consultation and Participation in Decision-Making on Territorial Planning” (Valstybės žinios (Official Gazette) No 90-2099, 1996; No 33-1190, No 112-4189, 2007; No 125-5392, 2009; No 78-4010, No 120-6124, 2010; No 50-2430, 2011; No 84-4397, 2012) and lay it down in a new version as follows:
“GOVERNMENT OF THE REPUBLIC OF LITHUANIA
RESOLUTION
ON APPROVAL OF THE REGULATIONS ON PUBLIC INFORMATION, CONSULTATION AND PARTICIPATION IN DECISION-MAKING ON TERRITORIAL PLANNING
Acting pursuant to Article 31(2) of the Law of the Republic of Lithuania on Territorial Planning (Valstybės žinios (Official Gazette) No 107-2391, 1995; No 76-3824, 2013) and seeking to implement the provisions of the Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, the Government of the Republic of Lithuania has resolved:
2. This Resolution shall enter into force on 1 January 2014.
Prime Minister Algirdas Butkevičius
Minister of Environment Valentinas Mazuronis
APPROVED by
Resolution No 1079 of the Government of the Republic of Lithuania of 18 September 1996 (version of Resolution No 1267 of 18 December 2013)
REGULATIONS ON PUBLIC INFORMATION, CONSULTATION AND PARTICIPATION IN DECISION-MAKING ON TERRITORIAL PLANNING
I. GENERAL PROVISIONS
1. Regulations of public information, consultation and participation in decision-making on territorial planning (hereinafter referred to as “the Regulations“) shall establish the general and simplified publicity procedure for territorial planning documents, taking into account the type and level of a territorial planning document.
2. The Regulations shall be binding for the state and municipal institutions and agencies, legal and natural persons, participating in the process of preparation of territorial planning documents, except the process of preparation of territorial planning documents for the objects of state border, national defence and strategic importance which are related to confidential information.
3. The draft decision regarding the development of a territorial planning document and the aims of planning shall, no later than 10 working days before its adoption, be published on the municipality‘s website, on the website of the state institution intending to adopt the decision to prepare an appropriate territorial planning document and on the announcement board of the eldership for which the territorial planning document is being prepared, together with the information on the deadline until which and location where the documents on the decision and aims of planning shall be available for public review and proposals on the aims of planning may be sent.
4. In all cases, whenever according to the Regulations a notification or other information is sent by a registered letter to a natural person to the address of his declared place of residence or to a legal person to the address of his head office specified in the Register of Legal Entities, the person shall be considered to have been notified properly, even if such notification or information is not delivered to the addressee when sent by a registered letter to the addresses indicated in this paragraph.
5. Definitions used in the Regulations are the following:
Closing meeting-conference shall mean a publicity procedure intended to discuss the solutions of the national level territorial planning document, the proposals submitted and the results of consultation.
Neighbouring land parcel shall mean a land parcel, which has been formed as a separate object of immovable property which has been awarded a unique number and registered in the Real Property Register of the Republic of Lithuania and has a common boundary with the territory being planned or is separated from it by a street which is in category not higher than category “D“ or by a road of local significance or by a strip of land which is less than 10 meters wide and has not been formed into land plots.
Planning activities programme shall be a document approved by the planning organizer, which specifies concrete planning tasks, indicates whether investigations and feasibility studies should be conducted, whether a territorial planning concept will be developed, whether a contest to select the best urban development solution will be announced, whether a strategic assessment of environmental impact will be performed and etc.
SEA shall mean a strategic environmental assessment performed according to the Order for the Strategic Assessment of the Effects of Plans and Programmes on the Environment, approved by Resolution No 967 of the Government of the Republic of Lithuania of 18 August 2004 (Valstybės žinios (Official Gazette) No 130-4650, 2004) (hereinafter referred to as “the Order“).
Strategic environmental assessment report shall mean the same as the term defined in the Order.
Simplified publicity procedure for the preparation of territorial planning documents shall mean a procedure when the duration of publicity process is shortened and the stages of consultation with the public concerned or public discussion referred to in paragraph 6 of the Regulations are omitted.
Presentation shall mean a publicity procedure, during which the public is given an opportunity to gain knowledge about the territorial planning document, i.e. the main drawing of the territorial planning document is presented to the public, explanations for its solutions are provided in order to learn the opinion of the public and receive its proposals on the solutions of the territorial planning document.
Public exposition shall mean a publicity procedure, during which the prepared solutions of territorial planning documents – the main drawing of the territorial planning document and the strategic environmental assessment report are publicly exposed.
Publicity procedure shall mean one or several actions, which must be implemented by the planning organizer or his authorized person, and which are related to public information, consultation and participation in the process of preparation of a territorial planning document as well as to the possibilities of the public to submit proposals on complementing the solutions of the territorial planning document, submission of alternatives to or changing the said solutions.
Public participation shall mean a voluntary participation of natural and (or) legal persons or their units, associations, organizations or their units or groups in the process of preparation of a territorial planning document.
Public participation report shall mean a report on the procedures of the preparation of a territorial planning document, describing the process, results and the summary of results of consultations or public discussion on the territorial planning document, providing explanations of what measures were taken regarding the proposals received from the public on the territorial planning document and containing annexes (copies of announcements and notifications, copies of proposals from the public and the minutes of the closing meeting-conference as well as other material related to public information and participation).
Other terms used in the Regulations shall have the same definitions as provided in the Law on Territorial Planning of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 107-2391, 1995; No 76-3824, 2013), its implementing legal acts and the Law of Republic of Lithuania on Provision of Information to the Public (Valstybės žinios (Official Gazette) No 71-1706, 1996; No 82-3254, 2006).
II. GENERAL ORDER OF THE PUBLICITY PROCEDURES FOR TERRITORIAL PLANNING DOCUMENTS
6. Publicity of the preparation of territorial planning documents shall involve the following steps:
6.1. provision of information to the public on the beginning and objectives of territorial planning, presentation of the planning activities programme which shall indicate whether the SEA will be conducted; if such assessment is not performed, reasons shall be given for not conducting the SEA;
6.2. getting acquainted with the drafted territorial planning documents; natural and legal persons or their units, other organizations or their units shall have the right, in accordance with the procedure established in the Regulations, to get acquainted with the prepared territorial planning documents in the institution organizing territorial planning, to obtain the copies or copies of parts of the territorial planning documents or copies of their schemes for a fee, which shall be established based on the calculation of the costs of drafting of said documents (including copying, publication and other costs);
6.3. consultation with competent relevant organizations or the public concerned (only in respect of preparation of the national level territorial planning documents);
6.4. submission and consideration of proposals:
6.4.1. proposals on territorial planning documents shall be submitted to the planning organizer in writing and (or) through the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning throughout the whole period of preparation of territorial planning documents until the end of public discussions, during the public discussion period, oral proposals may also be submitted (the recommended proposal submission template is provided in Annex 1);
6.4.2. the planning organizer shall register all proposals received and, together with the drafter of the territorial planning document shall consider, evaluate and adopt or reject them; decisions on approval or rejection of proposals shall be adopted by the planning organizer; the planning organizer shall, no later than 10 working days from the receipt of a proposal, respond to the persons who have submitted proposals in writing or on the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning, if the proposals have been submitted through this system, indicating whether the proposals have or have not been taken into account and giving reasons for not taking into account;
6.4.3. the planning organizer, having examined the proposals concerning territorial planning documents submitted by the public, shall prepare a summary of adopted and reasonably rejected proposals with explanations of how public opinion was taken into account; the planning organizer shall submit a public participation report, copies of proposals from the public and answers to them, together with the prepared territorial planning documents, to the institution in charge of the supervision of the territorial planning document;
7. The planning organizer or his authorized person shall make an announcement about the publicity process and solutions of the territorial planning document through the public information means specified in paragraphs 6.4.1, 6.4.2, 12, 18, 25, 32.1, 41.1 and 41.2of the Regulations no later than 5 working days before the beginning of a relevant procedure. The planning organizer may (but does not have to), at his own discretion, take the following additional actions in the framework of ensuring publicity: conduct a survey on the solutions of the territorial planning document, their presentation in public media, meetings with the public concerned and with certain groups of the public and etc.
8. Natural persons, legal persons or their units, other organizations or their units for whom additional restrictions on the use of land and on other real property or economic activity are planned to be imposed shall be notified of the drafting of a territorial planning document by means of registered letters sent by the planning organizer or his authorized person to the address of their declared place of residence or to the address of their head office specified in the Register of Legal Entities and, also, by means of the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning. Territorial planning documents of national importance shall be drafted in accordance with Article 23(4) of the Law of the Republic of Lithuania on Territorial Planning.
During the drafting phase of territorial planning documents, the planning organizer must notify, by registered letters, the land managers and users whose rights will be restricted by the special land use conditions established in the solutions of the detailed plan about the prepared detailed plan.
9. Publicity of preparation of a territorial planning document shall be organized by natural persons, legal persons or their units and other organizations or their units, initiating the territorial planning process, after concluding and on the basis of an agreement on the initiation of territorial planning process, in accordance with the procedure and conditions established by the Government of the Republic of Lithuania. This shall be established in the agreement on the initiation of territorial planning process to be concluded.
10. The detailed procedure of information of the institutions and the public of a European Union Member State of the possible significant environmental impact shall be agreed through cross-border consultations, in accordance with the Order. This procedure shall ensure the information of the institutions and the public of a European Union Member State, where significant environmental consequences are likely to occur, about the possibilities to give their opinion on the decision to be adopted, also, the decision adopted and where they can get thoroughly acquainted with the approved territorial planning document, the reasons for the choice of alternative solution, tools of monitoring the consequences of implementation of the territorial planning document as well as the information on how environmental protection issues have been incorporated in the territorial planning document, what account has been taken of the information provided in the SEA report, conclusions of the subjects performing SEA, proposals from the public and the results of cross-border consultations, if any such consultations took place.
III. PUBLICITY OF THE STATE LEVEL TERRITORIAL PLANNING DOCUMENTS
11. During the publicity period of the state level territorial planning documents, the procedures specified in paragraph 6 (except paragraph 6.5) of the Regulations shall be conducted.
12. The planning organizer or his authorized person shall make public, in the head offices and on the websites of state institutions and on the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning, the decisions of state institutions on the beginning of preparation and the planning objectives of the state level territorial planning documents (except the special territorial planning documents of land survey), the planning activities programme which shall indicate whether the SEA will be conducted (if the SEA is not performed, reasons shall be given for not conducting the SEA). It shall be indicated to whom and to what address proposals from the public can be submitted, also, the addresses, telephone numbers, e-mails and website addresses of the planning organizer and the drafter the territorial planning document shall be provided.
13. The planning organizer and the consultant drafting the territorial planning documents shall consult with competent organizations or the public concerned on the solutions of the territorial planning documents under preparation, publicly present the solutions of the territorial planning documents during their drafting stage, the SEA report (if the SEA has been conducted according to the prescribed procedure). The planning organizer shall publish alternative solutions and the SEA report through the public communication means specified in paragraph 12 of the Regulations and inform of the possibilities for the public concerned to submit proposals.
The approval of the concept by the planning organizer shall be published through the public communication means specified in paragraph 12 of the Regulations.
14. After the territorial planning document has been prepared, the planning organizer or his authorized person shall:
14.1. make public the solutions of the territorial planning document through the public communication means specified in paragraph 12 of the Regulations;
14.2. make public, through the public communication means specified in paragraph 12 of the Regulations and in the head office of the planning organizer, information on when and where the public exposition of the solutions of the territorial planning document and consultations with the public on the solutions will be held, also, information on when and where the closing meeting-conference will be held, to whom and to what address the proposals on the territorial planning document being prepared can be submitted; the announcement shall also provide the addresses and telephone numbers, email and website addresses of the planning organizer and the consultant drafting the territorial planning document;
14.3. notify this in writing, no later than 5 working days before the beginning of the consultation procedures, to the state institutions concerned, the public concerned, agencies and organizations, which have submitted to the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning or in writing proposals on territorial planning documents and expressed their intention to participate in the consultation procedures, also, notifies the administrations of the municipalities located on the territory being planned of the public presentation procedures of the prepared draft territorial planning document;
14.4. acquaint the public with the prepared territorial planning document in the institution that has organized the territorial planning and through the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning; the period given for the public to get acquainted with the prepared territorial planning document shall be not shorter than 2 months from its publication on the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning, of which at least one month shall be given for the public exposition of the solutions of the territorial planning document;
14.5. after the expiration of the period given for acquainting with the prepared territorial planning document, hold a closing meeting-conference (except in the cases related to preparation of territorial planning documents for projects of state significance, in accordance with Article 23 of the Law of the Republic of Lithuania on Territorial Planning).
15. The state level territorial planning document shall be published in the Register of Territorial Planning Documents of the Republic of Lithuania.
16. With respect to the territorial planning documents for the projects of state significance, the publicity procedure for the state level territorial planning documents, laid down in the Regulations, shall be applied, with the exceptions specified in Article 23 of the Law of the Republic of Lithuania on Territorial Planning.
IV. PUBLICITY OF THE MUNICIPALITY LEVEL TERRITORIAL PLANNING DOCUMENTS
17. During the publicity period of the preparation of the municipality level territorial planning documents, excluding the special territorial planning documents, the procedures specified in paragraph 6 (except paragraph 6.3) of the Regulations shall be conducted.
18. The planning organizer or his authorized person shall publish the decisions of the state and (or) municipal institutions on the beginning of the preparation of the municipality level territorial planning documents and the objectives of planning, also, the planning activities programme which shall indicate whether the SEA will be conducted (if the SEA will not be performed, reasons shall be given for not conducting the SEA) in the head offices, websites of the said institutions, the announcement boards of the elderships located on the territory being planned and on the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning. It should also be indicated to whom and to what address proposals from the public can be submitted, also, the addresses, telephone numbers, e-mail and website addresses of the planning organizer and the drafter of the territorial planning document shall be provided.
19. During the drafting stage, the planning organizer or his authorized person shall acquaint the public with the solutions of the territorial planning document being prepared, their alternatives, the SEA report (if the SEA has been conducted according to the procedure defined by legal acts), publish the relevant information through the means of public communication specified in paragraph 18 of the Regulations, inform about the possibilities for the public to submit proposals.
The approval of the concept by the planning organizer shall be published through the public communication means specified in paragraph 18 of the Regulations.
20. After the draft territorial planning document has been prepared, the planning organizer or his authorized person shall:
20.1. announce, through the public communication means specified in paragraph 18 of the Regulations, information on the possibilities for the public to get acquainted with the solutions of the territorial planning document, indicate the place and time of the public exposition and public discussion, procedure for acceptance of proposals; the announcement shall also provide the addresses and telephone numbers, e-mail and website addresses of the planning organizer and the drafter of the territorial planning document;
20.2. notify this in writing, no later than 5 working days before the beginning of the public discussion, to the state and municipal institutions concerned, the public concerned, agencies and organizations, which have submitted to the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning or in writing proposals on territorial planning documents and expressed their intention to participate in public discussion, also, notifies the municipalities bordering the territory being planned of the date, time and place of the public discussion procedures concerning the prepared territorial planning document;
20.3. acquaint the public with the prepared territorial planning document in the institution that has organized the territorial planning and through the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning; the period given for the public to get acquainted with the prepared territorial planning document shall be not shorter than 2 months from its publication on the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning, of which at least 15 working days shall be given for the public exposition of the solutions of the territorial planning document; during this time, the public is acquainted with the solutions being prepared and the SEA report (if the SEA has been conducted according to the procedure defined by legal acts).
21. After the expiration of the period given for acquainting with the solutions of the territorial planning document, the planning organizer shall publicly present, during the public discussion period, the solutions of the prepared territorial planning document with its illustrative material, information on proposals received and the SEA report (if the SEA has been conducted according to the prescribed procedure), in accordance with the procedure established in the Regulations.
V. PUBLICITY OF THE LOCAL LEVEL GENERAL PLANS OF PARTS OF MUNICIPAL TERRITORY
23. The procedure laid down in this Section shall govern the publicity of preparation of the comprehensive plans of parts of municipal territory, such as cities (or their parts), towns (or their parts), villages and homesteads.
24. During the publicity period of the preparation of the comprehensive plans of parts of municipal territory, the procedures specified in paragraph 6 (except paragraph 6.3) of the Regulations shall be conducted.
25. The planning organizer or his authorized person shall announce the decisions of municipal institutions on the beginning of the preparation of the comprehensive plan of a part of municipal territory and the planning objectives, also, the planning activities programme which shall indicate whether the SEA will be conducted (if the SEA will not be performed, reasons shall be given for not conducting the SEA) in the head offices and websites of the said institutions, the announcement boards of the elderships located on the territory being planned and on the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning. It should be indicated to whom and to what address proposals from the public can be submitted, also, the addresses, telephone numbers, e-mails and website addresses of the planning organizer and the consultant drafting the territorial planning document shall be provided.
26. During the drafting stage, the planning organizer or his authorized person shall acquaint the public with the solutions of the territorial planning document being developed, their alternatives, the SEA report (if the SEA has been conducted according to the prescribed procedure), announce the relevant information through the means of public communication specified in paragraph 25 of the Regulations and inform about the possibilities for the public to submit proposals.
The approval of the concept, if any, by the planning organizer shall be published through the public communication means specified in paragraph 25 of the Regulations.
27. After preparation of the draft territorial planning document, the planning organizer or his authorized person shall:
27.1. announce, through the public communication means specified in paragraph 25 of the Regulations, information on the possibilities for the public to get acquainted with the solutions of the territorial planning document, indicate the place and time of the public exposition and public discussion, the place where proposals shall be received; the announcement shall also provide the addresses and telephone numbers, e-mail and website addresses of the planning organizer and the drafter of the territorial planning document;
27.2. notify in writing, no later than 5 working days before the beginning of the public discussion, to the state and municipal institutions concerned, the public concerned, agencies and organizations, which have submitted to the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning or in writing proposals on territorial planning documents and expressed their intention to participate in public discussion, also, the municipalities bordering the planned territory about the public discussion procedures concerning the prepared territorial planning document;
27.3. acquaint the public with the prepared territorial planning document; the period given for the public to get acquainted with the prepared territorial planning document shall be not shorter than 10 working days from its publication on the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning, of which at least 5 working days shall be given for the public exposition of the solutions of the territorial planning document; during this time, the public shall be acquainted with the solutions being developed and the SEA report (if the SEA has been conducted according to the prescribed procedure).
28. After the expiration of the period given for acquainting with the solutions, the planning organizer, in accordance with the procedure established in paragraphs 35–39 of the Regulations, shall publicly present during the public discussion period the prepared solutions of the territorial planning document with their illustrative material, information on received proposals and the SEA report (if the SEA has been conducted according to the prescribed procedure).
VI. PUBLICITY OF DETAILED PLANS
30. The procedure laid down in this Section shall govern the publicity of the detailed plans of parts of cities and towns, their quarters, villages, densely developed territories and their quarters.
31. During the publicity period of the preparation of the detailed plans, the procedures specified in paragraph 6 (except paragraph 6.3) of the Regulations shall be conducted.
32. The planning organizer or his authorized person shall:
32.1. announce the decisions of the municipal institutions on the beginning of the preparation of a detailed plan and the planning objectives, also, the planning activities programme which shall indicate whether the SEA will be conducted (if the SEA will not be performed, information shall be given on where to obtain reasons for not conducting the SEA) and whether the concept will be prepared, also, the proposal submission procedure, the place and time of public discussion procedures in the head offices and websites of the said institutions, on the announcement boards of the elderships located on the territory being planned and on the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning; it shall be indicated to whom and to what address proposals from the public can be submitted, also, the addresses, telephone numbers, e-mail and website addresses of the planning organizer and the drafter of the detailed plan shall be provided; the managers and users of the land parcels and the managers and users of the neighbouring parcels or the owners of other real property on the territory being planned shall be notified by registered letters;
33. After the preparation of the detailed plan, the planning organizer or his authorized person shall:
33.1. announce, through the public communication means specified in paragraph 32.1 of the Regulations, information to the public on the possibilities to get acquainted with the solutions of the territorial planning document, the SEA report (if the SEA has been conducted according to the prescribed procedure), indicate the place and time of the public exposition and public discussion, procedure for acceptance of proposals; the announcement shall also provide the addresses and telephone numbers, e-mail and website addresses of the planning organizer and the consultant drafting the territorial planning document;
33.2. notify the owners of land parcels and (or) entities exercising state or municipal property rights or other management right whose rights to use the land parcels will be restricted by the special land use conditions established in the solutions of the detailed plan, by registered letters sent to the address of their declared place of residence or to their head office address specified in the Register of Legal Entities;
33.3. if the rights to use the parcel of land are restricted by the special land use conditions established in the solutions of the detailed plan for the owners of flats or other premises of the multi-apartment building which stands on that land parcel, notify the president of the community of the owners of the multi-apartment house premises or other manager of the common use facilities about the prepared detailed plan, place and time of the public discussion procedures by a registered letter;
33.4. acquaint the public with the prepared territorial planning document in the institution that has organized territorial planning and through the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning; the period given for getting acquainted with the prepared territorial planning document shall be not shorter than 10 working days, of which at least 5 working days shall be given for the public exposition of the solutions of the detailed plan; during this time, the public shall be acquainted with the solutions being developed (through the exposition of the main scheme of the detailed plan and the SEA report (if the SEA has been conducted according to the prescribed procedure);
33.5. after the expiration of the period given for acquainting with the solutions, present, during the public discussion period in accordance with the procedure established in paragraphs 35–39 of the Regulations, the prepared solutions of the detailed plan and the SEA report (if the SEA has been conducted according to the prescribed procedure).
VII. PUBLIC DISCUSSION
35. Upon the expiration of the period, established in paragraphs 20.3, 27.3 and 33.4 of the Regulations, for getting acquainted with the draft territorial planning document, the planning organizer or his authorized person shall organize public discussion in the place and at the time specified in the announcement referred to in paragraphs 20.1, 27.1 and 33.1 of the Regulations. The place and time of public discussion may be adjusted following the same procedure as for its announcement (communication), but not later than 5 working days before public discussion.
36. The main drawing of the municipality or local level territorial planning document, other material illustrating the solutions and the SEA report (if the SEA has been conducted according to the prescribed procedure) shall be presented for public discussion. During the public discussion period, the planning organizer or his authorized person shall discuss the corrections made according to the proposals received before public discussion, possible new corrections according to the proposals received during public discussion and explain why and what proposals have been found unacceptable.
37. Participants of public discussion or their authorized persons as well as the proposals submitted during public discussion shall be registered by the planning organizer who compiles a list of public discussion participants provided in Annex 2. The list shall be signed by the planning organizer or his authorized person.
38. Public discussion shall be chaired by the planning organizer or his authorized person. If nobody arrives within an hour from the established time of beginning of public discussion, it is deemed that the public discussion procedure has been accomplished and this shall be executed in a protocol of the public discussion meeting. The planning organizer may, at his own discretion, re-hold public discussion in accordance with the procedure prescribed in the Regulations.
39. The protocol of public discussion shall be drawn not later than within 3 working days after the discussion and shall be signed by the planning organizer or his authorized person. The list of public discussion participants shall be attached to the protocol. The planning organizer shall publish the protocol on the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning, except the confidential information on participants’ personal data.
VIII. SIMPLIFIED PUBLICITY PROCEDURE FOR TERRITORIAL PLANNING DOCUMENTS
40. The simplified publicity procedure for territorial planning documents shall apply for the cases of correction of the solutions of complex territorial planning documents, also, for special territorial planning documents and for other cases established by legislation.
41. The simplified procedure for the publicity of territorial planning documents shall be carried out in accordance with the following requirements:
41.1. The planning organizer or his authorized person shall announce on the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning as well as in the head office and on the website of the planning organizer (except in the cases where the natural persons organizing the drafting of rural development land survey documents have no such website), about an appropriate territorial planning document being developed or corrected, except in the cases of correction of territorial planning documents specified in paragraph 43 of the Regulations (also, indicating the objectives and tasks of planning, information on the proposal submission procedure and the procedure for getting acquainted with the prepared territorial planning documents); where the solutions of a detailed plan are being corrected, the planning organizer or his authorized person shall notify this additionally to the managers or users of the planned territory or neighbouring land parcels by a registered letter sent to the address of their declared place of residence or to their head office address specified in the Register of Legal Entities, indicating where they can get acquainted with the corrections of the prepared territorial planning document;
41.2. a period given for getting acquainted with a territorial planning document being developed or corrected to which the simplified publicity procedure applies shall be not shorter than 10 working days from its announcement on the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning and in the premises of an eldership or municipality;
41.3. during the period given for getting acquainted with the corrected territorial planning document, the planning organizer must register the proposals on the solutions of the territorial planning document, examine them and respond in writing, within 5 working days from the end of the period of acquainting, to the persons who have submitted the proposals, indicating whether the proposals have or have not been taken into account and giving reasons for not taking into account.
42. The planning organizer shall submit the prepared territorial planning document and the documents confirming notification of the managers and users of the planned territory and the managers and users of the neighbouring parcels or owners of other real property on territory being planned of the possibilities to get acquainted with the solutions of the prepared territorial planning document under simplified publicity procedure (copies of announcements and registered letters sent, postal receipts) to the coordinating institutions and the territorial planning supervisory institution.
43. In the case provided for in Article 18(5) of the Law of the Republic of Lithuania on Territorial Planning, when specific types of land use of a land parcel or its part established in the approved detailed plan are to be changed to other possible types of land use by decision of the director of the municipality administration, also, when the director of the municipality administration adopts a decision in the cases provided for in Article 28(8) of the Law of the Republic of Lithuania on Territorial Planning and the Rules for the Preparation of Integrated Territorial Planning Documents, the information about the decision adopted shall be communicated to the public on the website of municipality and on the Information System of State Supervision of the Preparation of Territorial Planning Documents and the Process of Territorial Planning.
Annex 1
of the Regulations on Public Information, Consultation and Participation in Decision-Making on Territorial Planning
PROPOSAL
_________No.__________
(date)
______________________
(place of drafting)
(title of proposal)
Title of territorial planning document
Location of territory planned (address)
Names and surnames of proponent or his authorized person
Address of place of residence, telephone number, e-mail address of proponent or, if proponent is a legal person, address and telephone number of head office, e-mail and website addresses of proponent
Circumstances justifying the proposal and evidence to confirm them
Annexes: 1.
Annex 2
of the Regulations on Public Information, Consultation and Participation in Decision-Making on Territorial Planning
(Template of the list of public discussion participants)
(title of territorial planning document)
(place, date, exact time – hour)
PUBLIC DUISCUSSION PARTICIAPANTS
|
No |
Name and surname |
Address, telephone number, e-mail address/represented institution, address, position, telephone number, e-mail address |
Signature |
Registration number of proposal |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
