Key Benefits:
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PROPOSED LAW NO. 151 /X
Exhibition of Motives
The Law No. 48/98 of August 11 laying down the foundations of the policy for planning
of the territory and of urbanism, defined the principles and general objectives of the policy of
planning of territory and urbanism. In development of this Act, the Government
approved, through the Decree-Law No 380/99 of September 22, the legal regime of the
instruments of territorial management. In addition to two punctual modifications, that
diploma was amended by Decree-Law No 310/2003 of December 10,
essentially in the area of the training procedure of municipal plans of
planning of the territory.
Volved almost 10 years and at the time when the existence of the instruments is perqueue
of territorial management of national and regional ind, the National Programme of the Policy of
Spatial Planning and the Regional Plans of Territory Planning, Urge
review some aspects of the Law of bases that the practice and time have demonstrated are
unsuitable.
The present amendment has as its main objective the enhancement of the efficiency of the processes
of spatial planning and, therefore, of the operativity of the management system
territorial. It is the efficiency of the processes and the tools of intervention the medium fit
to produce more speedy, but also more skilled and harmonious results of the
point of view of territorial interventions that aim to promote development
economic, social and environmental.
In the optics of municipal accountability associated with simplification and considering the
pendency of the approval procedures of the National Program of the Policy of
Planning of the Territory and the procedures for drafting four new plans
regional land-use planning, it is proposed to subject ratification by the Government
only the municipal director plan, making government intervention a
truly exceptional mechanism, justified by the need for relaxation
of the territorial management system.
In effect, the municipal master plan becomes subject to ratification
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solely when, in the drafting procedure, the question of its
compatibility with regional or sectoral planning plans and
whenever the city hall so requests, so that, in realization of the
principle of the mitigated hierarchy, the Government may consider about the derogation
of those instruments of territorial management, which condition the respective validity.
As a result of this option, it also matters to displace the control of legality of the
inter-municipal plans and municipal planning plans of the territory of the
Government for the final control of the regional coordination and development commission.
On the other hand, considering that the acts of cessation of restrictions and servitude of
public utility of certain areas of the territory, as well as the misallocation of the
immovable property of the public domain or of the public utility purposes to which they were found
adstrites, have direct effect on the discipline established in the municipal plans of
land-use planning matters to predict the expiry of the standards of the affected plans
so as to ensure its updating.
The self-governing bodies of the Autonomous Regions and the Association were heard
National of Portuguese Municipalities.
They were heard, on an optional basis, the Order of the Architects, the Order of the
Engineers, the Portuguese Association of Landscape Architects, the Association
Portuguese for Regional Development, the Portuguese Association of Geographers, the
Association of Portuguese Urbanists, the Professional Association of Urbanists
Portuguese and the Association for the Development of the Right of Urbanism and the
Construction.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Single article
Amendment to Law No. 48/98 of August 11
Articles 20, 23, 32 and 33 of the Law No. 48/98 of August 11, pass to
following wording:
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" Article 20.
[...]
1-[...].
2-[...].
3-Intermunicipal planning plans of the territory are drawn up
by the municipal chambers involved and, after opinion of the regional junta,
approved by the respective municipal assemblies.
4-Municipal planning plans of the territory are drawn up by the
municipal chambers and approved by the municipal assemblies,
by establishing the following specific rules:
a) Municipal board plans are subject to advice from the junta
regional and ratification by the Government, when it occurs to
incompatibility with regional planning plans
territory and sectoral plans;
b) The urbanization plans are subject to the opinion of the regional junta;
c) The detailed plans are subject to the opinion of the regional joint;
d) [...].
5-[...].
6-[...].
Article 23.
Ratification by the Government
1-A ratification by the Government of the municipal director plan has as an effect
the derogation from the standards of regional plans and sectoral plans
incompatible with municipal options.
2-A ratification of the municipal master plan may be partial, taking advantage of
only to the object of ratification.
Article 32.
Municipal planning plans of the territory
1-[...].
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2-A cessation of restrictions and servitude of public utility and the
misallocation of real estate from the public domain or the purposes of utility
public to which adstrites were found, specifically those of the field
private unavailable from the state, even if they integrate the heritage of
institutes or public companies, have as an effect the expiry of the
land use regime for them specifically provided for in the plans
municipal land-use planning, if these do not already have
established the applicable land use regime.
3-Before the expiry of the expiry of the land use scheme referred to in the
previous number, the municipality must redefine the use of the soil by
elaboration or amendment of instrument of territorial management.
Article 33.
Special plans for spatial planning
The special plans for spatial planning are the plans of
spatial planning of protected areas, the planning plans of albufairs of
public waters, the coastal orthic planning plans and the plans of
planning of estuaries. "
Seen and approved in Council of Ministers of June 14, 2007
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs