Territorial Development Planning Law

Original Language Title: Teritorijas attīstības plānošanas likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/238807

The Saeima has adopted and the President promulgated the following laws: the law of the territory development planning in chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) development program, medium-term planning document for the development of the territory in which a certain medium-term priorities and agenda planning or local authorities of the region development strategy in the long term strategic settings;
2) sustainable development strategy — a long-term territorial development planning document that defines the programming or local authorities in the region's long-term development vision, goals, priorities and spatial development perspective;
3) functional zoning — theatres in zones that have different requirements for the use of the territory and the permitted building area;
4) public infrastructure — the economic component of the territorial structure, consisting of technical (transport, communications, energy, water supply and environment objects) and social (education, science, health and social care, public administration, public services, cultural and recreational facilities) infrastructure;
5) thematic planning, territorial development planning documents, which according to the planning level address specific issues related to the development of certain sectors (such as transport infrastructure, health authorities and educational institutions location) or a specific subject (for example, inženiertīkl locations, scenic value and risk areas);
6) territorial development planning information system — structured information technology and databases that use supported area development planning documents and information required for the creation, collection, storage, processing, use and disposal;
7) national interests and objects: objects that require significant public interest, the protection of natural resources and sustainable use;
8) local government planning: local government area development planning document, which sets out requirements for the use of the territory and building, including functional zoning, public infrastructure, land use and building regulations, as well as other conditions of use of the territory and the development of the administrative area or part thereof;
9) lokālplānojum: local government areas of long-term development planning documents, which the local Government developed its administrative part (such as a city, village or rural areas) a planning task to or planning to detail or amendment;
10) detailed — detailed local design of part of the territory, which is developed to determine the requirements of a specific land use and building characteristics, as well as to clarify the boundaries of land units and aprobežojum;
11) sea schedule: national long-term planning document for the development of the territory in which the specific uses of the sea, taking into account the functional with the related land.
2. article. The purpose of the law this law aims to ensure that the development of the territory is scheduled to raise the quality of the living environment, sustainable, efficient and rational use of the territory, and other resources, as well as targeted and balanced development of the economy.
3. article. Territorial development planning principles in the development planning of the territory followed the development planning system in the law of secured, as well as the following principles: 1 principle of sustainability — area) development plan in order to maintain and build on existing and future generations the quality of the environment, balanced economic development, rational nature, human and material resources, natural and cultural heritage;
2) succession principle — new territory development planning documents developed in the assessment of the existing development planning documents and their implementation in practice;
3) equal opportunities: sectoral and territorial, as well as private and public interests are evaluated in parallel with the aim of promoting the sustainable development of the territory concerned;
4) principle of continuity: the development of the territory planning, flexible and continuously cycle through this process by monitoring and evaluating the latest information, knowledge, needs and possible solutions;
5 the principle of openness — the Territories) development planning and participation in the drafting of documents and information and the transparency of decision-making;
6) integrated approach principle — economic, cultural, social and environmental aspects are matched, the interests of individual sectors are coordinated, area development priorities are matched in all levels of planning, co-operation is focused, and evaluates the impact on the projected solution to surrounding areas and environment, 7) the principle of diversity, the development of the territory, taking into account the natural, cultural, human and material resources and the diversity of economic activity;
mutual coherence principle 8): territorial development planning documents development, and evaluation of the agreement in other areas development programming documents.
4. article. Public participation in planning for the development of the territory (1) territorial development plans, involving the public. Planning level according to the institution's obligation to provide information and the transparency of decision-making, as well as to find out public opinion and organizing public participation in the development planning of the territory concerned, as wide as possible and comprehensible information.
(2) public participation in the planning of territorial development planning level accordingly provides relevant public institution, planning region or local authority in accordance with the laws and regulations that set requirements for public participation.
(3) in order to ensure planning public consultation, the institution concerned shall consult the public before making decisions. Institutions in its homepage on the internet publish information on the planning and development of the amendments, the public consultation procedure, place and time limits on where and when you can get acquainted with the layout of the territory concerned and its amendments and proposals in writing submission and feedback.
(4) public participation in the process balance the private and public interests with the sustainable development of the territory.
(5) everyone has the right to become acquainted with the legislation in force and the public consultation released territorial development planning documents, to participate in the public consultation, to express and defend their views and the deadline to submit written proposals.
(6) in the second paragraph of this article the said institutions, developing a territorial development planning documents, it is the duty of a balanced assessment of the proposals made and to justify its decisions, as well as declare them public and the proposal applicants.
5. article. Territorial development planning levels and document (1) territorial development plans, developing the following mutually coherent territorial development planning documents: 1) at the national level, Latvia's sustainable development strategies and national development plans;
2) regional level — planning the region's sustainable development strategy and development programme;
3) local — local government sustainable development strategy development, planning, and detailed lokālplānojum.
(2) at all levels in the development of territorial development planning documents, provide a strategic environmental impact assessment, if it is needed in accordance with legislative requirements.
6. article. Development planning of the territory information system (1) territorial development planning information system aims to provide all levels of territorial development planning documents and with the spatial planning related information accumulation, processing and public availability. Other government information system data used in territorial development planning documents for territorial development planning information system does not accumulate, but provides access to them.
(2) the territory development planning information systems manager is on the territory of the Ministry in charge of development planning.
(3) the territorial development planning information system-tray territorial development planning documents and data available to the public free of charge, except for data availability is limited in accordance with the legislation.
(4) of the area development planning information system for geospatial data downloaded or geospatial data sets, which have direct access from other information systems, used according to geospatial data sets regulated rules of the holder.
Chapter II competence of public authorities in planning for the development of the territory

7. article. Competence of the Cabinet of Ministers (1) cabinet: 1) provides the national development plan and its implementation and monitoring established;
2) approved national thematic programming;
3) determines the regional territorial development planning document content, development, implementation, and monitoring arrangements;
4) defines the local territorial development planning document content, development and public consultation procedures, the Treaty of lokālplānojum or a detailed development and financing conditions include;
5) lays down the requirements for the development of the territory planning documents for developers;
6) defines general requirements for local area development planning, land-use and building;
7) identifies use of classification;
8) determines the territorial development planning information system, operational, it required information acquisition, processing and distribution policy and territorial development planning information system data content, as well as procedures for the exchange of data with other national information systems;
9) down on the territory of the Ministry responsible for development planning;
10) maritime development planning, implementation, and monitoring procedures and approve the design of the sea;
11) defines, creates and validates national interests and their conditions of use, where other laws provide otherwise.
(2) the Cabinet of Ministers in the national budget for the current year provides for the funding of national and regional territorial development planning document for the development and updating.
8. article. The Council of national development, competence in the National Development Council, consistent with the laws and coordinate and evaluate national and regional territorial development planning documents, facilitating their mutual coherence and coordination with national development planning documents.
9. article. On the territory of the development planning of the Ministry responsible for the competence Of territorial development planning responsible Ministry: 1) develop marine plans and national thematic programming under its competence;
2) methodically directs and oversees the development of the territory planning at regional and local level, including the organisation of a public consultation monitors;
3) deliver opinions on the planning of regional development strategies and development program project compliance with national territorial development planning documents and legislative requirements;
4) evaluate local planning and lokālplānojum compliance with regulations if necessary this law, article 26 and 27 of the operations;
5) provides for the development of the territory planning information for system maintenance.
10. article. The competence of the Ministry of industry (1) prepare proposals for the Ministry of national interests to the determination of the object and, if necessary, develop thematic programming.
(2) the Ministry of the industry cooperates with State and local authorities and ensure the provision of information or setting conditions to all levels of territorial development planning documents.
11. article. Regional competence planning planning region: 1) develop and approve the planning region development strategy and sustainable development programmes, as well as coordinate and monitor its implementation;
2) provide proposals for national and local development planning documents;
3) deliver opinions on the development strategy of local development programmes and project compliance with the planning region development planning documents and legislative requirements;
4) coordinate and oversee local government sustainable development strategy development, planning and development lokālplānojum.
12. article. Local government jurisdiction (1) the local municipality shall establish and approve the local development strategy, development, planning, lokālplānojum, detailed and thematic programming.
(2) the local Government shall provide proposals on national and regional development planning documents.
(3) the local Government shall coordinate and monitor local development strategies, development, planning, lokālplānojum, detailed and thematic programming.
13. article. Planning and development of the territory of the local government in the programming documents for the financing of development (1) the planning functions of the region provides funding from the State budget for the current year for the planning region support funds and other means.
(2) the local government in its budget provides funds for the development of the territory planning documents.
(3) If the lokālplānojum or detailed agent not local government, to finance the development and implementation of the agent, by contract with local authorities. In this case, the local authority may participate in co-financing of lokālplānojum or detailed regulations.
14. article. Territorial development planning document for the development of the necessary data and information (1) all sorts of territorial development planning document for the development of national and local government bodies free of charge provide the necessary information that the said institutions shall prepare and maintain the budget.
(2) if the geospatial data sets to create and maintain the necessary funding is secured from the State or local government funds, the following geospatial data sets used (including providing direct access) for a fee according to the geospatial data sets, paid by the holder of the price list.
Chapter III territorial development planning at the national level article 15. Latvia's sustainable development strategy and the national development plan of Latvia's sustainable development strategy and the national development plan to develop legislation.
16. article. Marine design (1) sea schedule use of the territory of the territorial waters, continental shelf and exclusive economic zone shall be determined taking into account functional to territorial waters and the related land part harmonizing different sectoral and local interests in the territorial waters, continental shelf and exclusive economic zone.
(2) the development of a marine planning organized on the territory of the development planning Ministry in charge of cooperation with the sectoral ministries, planning regions and local authorities, whose administrative territory adjacent to territorial waters.
Article 17. National interests object detection (1) proposals for the national interests of the industry Ministry prepare objects in cooperation with local authorities. Proposals and pass the Cabinet for approval on the territory of the Ministry in charge of development planning. The proposal includes site selection and the results of the environmental impact assessment, if such is necessary in accordance with legislative requirements.
(2) national interests object is determined by its functional areas and required to strip, if applicable legislation, as well as the conditions of use of this object.
(3) If no appropriate environmental impact assessment, on the territory of the development planning Ministry in charge of the Cabinet in the order of organized public information about the proposal.
Chapter IV area development planning at the regional level, article 18. Planning the region's sustainable development strategy (1) planning the region's sustainable development strategy is a long-term territorial development planning document that defines the region's long-term planning vision, strategic objectives, priorities and spatial development perspective of writing and graphical way.
(2) planning the sustainable development of the region development strategy, according to Latvia's sustainable development strategy the national long-term strategic objectives and taking into account other areas development programming documents.
(3) planning region sustainable development strategy approved by the planning region Development Council decision.
19. article. The planning region development program (1) the planning of regional development programmes under the national development plan and the planning strategy for the sustainable development of the region, based on the respective planning region within the local development programmes, as well as taking into account adjacent planning regional development programmes.
(2) the planning region development programme includes the analysis of the current situation, trends and forecasts, as well as information on the development process of developing and establishing the medium-term priorities, implementing measures and the monitoring of the implementation of the development agenda.
(3) planning region development program approved by the planning region Development Council decision.
Chapter v of the territory development planning at the local level

20. article. The territory of the local government development planning documents to the local municipality is the following mutually agreed development planning documents: 1) local government sustainable development strategy;
2) the local government development program;
3) local government planning;
4) lokālplānojum;
5) detailed;
6) thematic programming.
21. article. Local Government sustainable development strategy (1) local government sustainable development strategy is a long-term territorial development planning document which identifies local authorities the long-term vision, strategic objectives, priorities and the development of spatial development perspective of writing and graphical way.
(2) the spatial development perspective determines the guidelines for the development of the territory, as well as define and schematic represents the local authorities major 3-d structures, development priorities and desired long-term change.
(3) the local government development strategy approved by the Municipal Council.
22. article. Local government development programme (1) local government development programmes drawn up in accordance with the local government sustainable development strategy and the assessment of other national, regional and local area development planning documents.
(2) the local government development programme includes the analysis of the current situation, trends and forecasts, as well as information on the development process of developing and establishing the medium-term priorities for action and investment plans, the implementation of the programme of development of the required amount of resources and the monitoring of the implementation of the development agenda.
(3) the local government development programme approved by decision of the Municipal Council.
23. article. Local government planning (1) local government planning development under local government sustainable development strategy, and pursuant to other national, regional and local area development planning documents.
(2) the local government planning determines the functional zoning, public infrastructure, governed by land-use and building regulations, as well as other conditions of use of the territory and aprobežojum.
(3) the municipal rural territory, subject to the regulations, which sets the General requirements of the local government areas of planning and building, the use of the territory may be determined on the basis of the planning region development planning documents, local government sustainable development strategy and topographic maps, updated information.
(4) the local government planning specific functional zoning or land-use and building rule changes in local government development planning amendments or as lokālplānojum according to this law, article 24, third subparagraph.
(5) If the entry into force of the new with the local authorities in the planning of the information to be included in the regulations associated with higher legal force, the local authority shall assess the need to amend its planning. If the local authority does not amend its planning, in the event of conflict the legislative requirements with the highest legal force.
(6) the utilities networks and objects allowed to any planning within the functional area, pursuant to article 7 of the Act referred to in paragraph 6 of the Cabinet of Ministers regulations and other legislation.
(7) If the entry into force of the new higher level planning document for the development of the territory, the local authority shall evaluate its planning and decide on the need to amend it.
24. article. Lokālplānojum (1) Lokālplānojum of the local municipality shall draw up, on their own initiative and use as the basis for further planning, and civil design.
(2) Lokālplānojum can drill into a local government planning. After the local government sustainable development strategy lokālplānojum the entry into force of the local government may alter the planning of the territory, as far as the lokālplānojum is not in conflict with local authorities in sustainable development strategy.
(3) functional zoning provided for in Lokālplānojum or land-use and building regulations changes in regulations developed in the order as lokālplānojum amendments.
(4) is in force in the territory of the Lokālplānojum lokālplānojum in functional zoning and land-use and building regulations. If the entry into force of the new with the lokālplānojum specified in the functional zoning and land-use and building regulations legislation associated with higher legal force, the local authority shall assess the need for amendments to lokālplānojum.
25. article. Local government planning and lokālplānojum acceptance and entry into force (1) local government planning and lokālplānojum by the municipality of binding rules. They shall enter into force on the day following that of publication of the notice in a newspaper "journal".
(2) notification of binding provisions for local government within two weeks after the approval of the rules binding published the newspaper "journal", the local newspaper and places a local website on the internet. Decision on approval of the rules binding and any accompanying documents to the local authority on its homepage on the internet.
(3) the decision on approval of the rules binding and the documents annexed thereto shall be forwarded to the local Government on the territory of the development planning of the responsible Ministry.
(4) Regulations under this article shall not have effect until the completion of this law article 27 referred to in the third subparagraph.
26. article. Local government planning and lokālplānojum of the suspension after the Minister's initiative (1) if the local authorities planning or development of lokālplānojum procedural irregularities or non-compliance with the requirements of the law on territorial development planning Minister responsible (hereinafter the Minister) no later than six months after local authorities planning or lokālplānojum the entry into force in order to stop the binding terms and conditions on which the approved planning or lokālplānojum is whether this binding provision. The Minister issued the order to stop the binding rules, even if, by this law, the first paragraph of article 27, the parties submitted in accordance with the procedure prescribed in the application on the local authorities planning or lokālplānojum finds local authorities planning or development of lokālplānojum procedural irregularities or non-compliance with legislative requirements.
(2) if the Minister has issued the first paragraph of this article, the order of the local Government Council Chairman two weeks after the date of entry into force of the order convened by the local Government Council extraordinary meeting, in which the Council shall decide on the rules or binding parts or on the application of the Constitutional Court.
(3) in the first subparagraph that order stop local authorities planning or operation of lokālplānojum order in part up to the date of entry into force of the local Government Council decision on binding rules or parts thereof or the judgment of the Constitutional Court.
27. article. Local government planning and lokālplānojum appeal (1) within two months after the entry into force of the regulations, which are approved by the local authorities planning or lokālplānojum, a person may submit an application to the Minister for local government planning or lokālplānojum.
(2) within ten days after the end of the first part of the submission deadline, the Minister shall inform the local Government of the submissions received and, if possible, indicate the extent to which the local authorities planning or lokālplānojum can be implemented until the day when the Minister issued the order or, if the application is not received, inform the local authorities, indicating the date on which the municipality can initiate the binding provisions concerned.
(3) months from the date of expiry of the deadline for submitting the application, the Minister shall assess the first part of this article in accordance with the procedure laid down in the tenders submitted submissions. If the application is found in the planning, lokālplānojum or parts of the procedural irregularities or non-compliance with the requirements of the law, the Minister issued the order to stop the binding provisions, informing the applicant. Where an irregularity has been found, the Minister provides an answer to the application. On the application of the given answer is not under consideration in the agenda of the administrative procedure. On the fact that the infringement was established, the Minister shall also inform the local authorities and at the same time determine the date when you can start the binding provisions concerned.

(4) a Person is entitled in law to submit a constitutional complaint to the Constitutional Court for authorities in binding provisions compliance with the highest standards of legal force, if before it submitted the application in accordance with the first paragraph of this article.
(5) if the application is not filed in the first part, the time limit referred to in the Application be dealt with in accordance with the law and is not covered by the first, second, third and fourth part. The amount due will not be renewed.
(6) in addition, where it is laid down in this article is not complied with the deadlines, the Constitutional Court in accordance with the procedure prescribed by law can assess local government planning and lokālplānojum also in this case, if the Constitutional Court apply to an ordinary civil court or Administrative Tribunal, including after the process of team opinions.
28. article. A detailed (1) a detailed plan according to the scale of certainty and specified in detail the planning or lokālplānojum in functional zoning of the territory provided for uses and aprobežojum, in determining the requirements for each unit area of land use and building.
(2) local governments in rural areas that are not designed for functional zoning, a detailed plan is drawn up according to the local Government's sustainable development strategy. A detailed statement of work of their demands and conditions, subject to the regulations and a higher level of territorial development planning documents, as well as the specifics of the situation.
(3) a detailed plan drawn up before new construction or land unit Division, when it creates the need for complex solutions, and if the law does not provide otherwise.
(4) Detailed the development need and the level of detail, taking into account the design basis, determined by the local government in the statement of work. A detailed design to some extent can be combined with civil design, through public consultation under the legislation.
29. article. A detailed confirmation of the local authority detailed by General administrative measure to ground units, and it shall enter into force after notification. A detailed plan is in force until they are repealed or declared unenforceable. A detailed plan will lapse if it is expired, which was to begin its implementation, and the year after sunset it is not extended. Notice of approval of detailed published in the same manner as the notice of planning or approval of lokālplānojum, except for the time limit within which the municipal regulations to be published.
30. article. A detailed appeal (1) can a detailed administrative law appeal to the administrative court within one month after notice has been published on the detailed approval, and whether or not it is specified in the detailed procedure and time limit for appeals.
(2) until the expiry of the time limit for appeal, as well as a detailed plan of action in the event of suspension, the local authority is not entitled to make a detailed implementation decisions.
(3) a detailed appeal suspended the operation of a detailed up to the date of entry into force of the Court judgment. Administrative procedure in the cases stipulated by law may request to renew the detailed operation of the suspension.
31. article. Detailed implementing procedures for (1) detailed plan shall be implemented in accordance with the administrative agreement concluded between local authorities and the development of a detailed implementation.
(2) the contract under the provisions of the Act on administrative procedures, different conditions, deadlines and cancellation clauses, as well as the requirements for the construction of the object of initiation, a detailed plan of the territory and public infrastructure management, construction and their order.
(3) a local government may set a time limit within which the detailed implementation — initiated a detailed construction areas (use) according to a detailed solution and requirements. The ground split or consolidation of units in accordance with the detailed plan is not considered a detailed implementation.
(4) If a municipality, after considering the request, the rejected, the detailed implementation of the extended deadline, and its decision to motivate, it can be a challenge and appeal.
32. article. Thematic programming (1) at all levels of development planning of the territory can develop thematic programming, which determines the institution approves the relevant thematic programming.
(2) the thematic programming for the development of other areas of development planning documents.
33. article. Difficult terrain, objects, and those down the Strip in a Difficult area, as well as objects and those in certain zones of the territory development planning documents depict a Embarrassed the territory information system in accordance with the procedure prescribed by law.
Transitional provisions 1. With the entry into force of this law shall lapse spatial planning Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 13; 2003; 2005, nr. 10, 5. No; 2007, 10, 24 no; 2008, no. 24; 2010, 40 no.).
2. the Cabinet of Ministers: 1) until May 31, 2012 does this law article 7, first paragraph, 1., 3., 4., 5., 6., 7. The Cabinet of Ministers referred to in paragraph 1;
2) to 2012 December 31 issued this law article 7, first paragraph 8 and paragraph 10 of the above cabinet rules.
3. development of marine design launched at the latest by 1 January 2014. To the scheduled date of entry into force of the decisions of the territorial waters, continental shelf and exclusive economic zone of use accepts the Cabinet, if the law does not provide otherwise.
4. Up to this law in local government in planning for the approval of the relevant local authority area or a part thereof shall remain in force for local government planning, law, approved before the entry into force.
5. On the national interests of objects that were created before the date of entry into force of the law, not to apply the requirements of this Act in the national interests of the object.
6. the planning of the regions and local authorities in development programming, launched before the entry into force of this law, transactions, within their legislative requirements that were in force when it was launched in this development program.
7. Local authorities and planning regions 31 December 2013 supports the sustainable development strategy and development programme development or updating in accordance with this Act.
8. If this law into force local authorities planning or planning is the process of developing, the local authority shall take a decision, indicating the laws under which they are planning or planning of the development expenditure to the amendment.
9. the Detailed design of which started before the entry into force of this law, be finalised according to the requirements of the laws that were in effect the development of a detailed plan on opening day, but no later than 31 December 2012.
10. After the entry into force of this law is in effect a detailed plan that: 1) approved by the municipality of binding provisions;
2) developed this transitional provision in paragraph 9.
11. the Cabinet of Ministers regulations for entry into force, but no longer than up to 2012 December 31 the following Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) the Cabinet of Ministers on 6 October 2009, the provisions of no. 1148 "local municipal territory planning rules";
2) the Cabinet of Ministers of 5 April 2005, Regulation No 236 of "planning the region's planning rules".
12. the Cabinet of Ministers on 14 February 2006, the Regulation No 121 "procedure for granting planning mērķdotācij regional and local planning and the development of the amendments" to apply these rules in a particular assigned learning mērķdotācij the end of the term, but not longer than until 31 December 2012.
13. Until the new cabinet from the date of entry into force of the provisions applicable to the Cabinet of Ministers of 12 October 2010 rules no 977 "rules on national agricultural areas of interest", so far as they are not inconsistent with this law, but not longer than until 31 May 2013.
14. By 2014 December 31 areas in force development planning documents of local authorities place the territorial development planning information system.
15. Up to the date of entry into force of the amendments to the development planning system of article 12 of the law on the first, second and third subparagraphs, as well as the amendment of this article, the fifth part of Latvia's sustainable development strategy and the national development plan to coordinate the planning of development on the territory of the responsible Ministry.
16. Article 27 of this law shall enter into force simultaneously with the amendments to the law on the Constitutional Court.
The law shall enter into force on December 1, 2011.
The Parliament adopted the law of 13 October 2011.

The President a. Smith in 2011 on November 2.