First Amendment To Law No. 48/98, Of 11 August, Which Establishes The Bases Of The Policy Of Regional Planning And Urbanism

Original Language Title: Primeira alteração à Lei n.º 48/98, de 11 de Agosto, que estabelece as bases da política de ordenamento do território e de urbanismo

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1 PROPOSAL of law No. 151/X explanatory memorandum to the law No. 48/98, of 11 August, which establishes the bases of the policy of regional planning and urbanism, defined the principles and general objectives of the policy of regional planning and urbanism. In development of this Law, the Government approved, through Decree-Law No. 380/99, of 22 September, the legal regime of territorial management instruments. In addition to two specific modifications, that diploma was amended by Decree-Law No. 310/2003, of December 10, essentially in the field of the training procedure of municipal land use plans. After almost 10 years and at the time profiles the existence of territorial management instruments of national and regional nature, the national spatial planning policy and the regional land use Plans, there is an urgent need to review some aspects of law practice and time proven inadequate. This amendment has as main objective the enhancement of efficiency of land use planning processes and, therefore, the operations of the territorial management system. Is the efficiency of the processes and instruments of intervention the medium able to produce results faster, but also more qualified and harmonious from the point of view of territorial interventions which aim to promote the economic, social and environmental development.

In the light of the municipal accountability associated with the simplification and given the pending the approval procedures of the national spatial planning policy and procedures to develop four new regional land use plans, subject to ratification by the Government only the municipal director plan, making the Government intervention a truly exceptional engine, justified by the need for flexibility of territorial management system. Indeed, the municipal director plan happens to find themselves subject to ratification only 2 when, in the procedure for drawing up, if the issue of raises your compatibility with regional or sectoral plans of land use planning and whenever the City Council so requests, to which, in implementation of the principle of the hierarchy mitigated, the Government can consider the derogation of those territorial management instruments , which affect its validity. As a result of this option, it is also important to shift control of legality of inter-municipal and municipal plans plans of spatial planning of the Government for the final inspection and Coordination Commission regional development. On the other hand, whereas the acts of cessation of public utility easements and restrictions of certain areas of the territory, as well as the decommissioning of the immovable property in the public domain or public benefit purposes to which they were attached, have direct effect in the discipline established in the municipal spatial development plans, provision should be made for the forfeiture of the standards affected plans to ensure your update. Were heard the Government organs of the autonomous regions and the National Association of Portuguese municipalities.

Were heard, on an optional basis, the order of the Architects, the engineers, the Portuguese Association of landscape architects, the Portuguese Association of Regional Development, the Portuguese Association of Geographers, the Portuguese Association of urban planners, the Professional Association of Planners and the Association for the development of Urbanism and construction. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: single Article amendment to law No. 48/98, of 11 August articles 20, 23, 32 and 33 of law No. 48/98, of 11 August, are replaced by the following:% quot% article 20 3 [...]

1 - […]. 2 - […]. 3-The inter-municipal land plans are drawn up by the municipalities involved and, after receiving the opinion of the regional junta, approved by municipal assemblies. 4-The municipal land use plans are drawn up by municipalities and approved by municipal assemblies, settling the following specific rules: a) The municipal master plans are subject to the opinion of the regional junta and the ratification by the Government, when there is incompatibility with regional land use plans and sectoral plans; b) urbanization plans are subject to the opinion of the regional junta; c) detailed plans are subject to the opinion of the regional junta; d) […]. 5 - […]. 6 - […].

Article 23 Ratification by the Government 1-ratification by the Government of the municipal master plan has the effect of derogating from the rules of the regional plans and sectoral plans incompatible with local options. 2-ratification of the municipal master plan can be partial, enjoying only the part subject to ratification.

Article 32 municipal land use Plans 1-[...].

4 2-termination of restrictions and easements of public utility and the decommissioning of buildings in the public domain or public benefit purposes to which they were attached, namely the private domain is unavailable from the State, even forming part of the assets of public companies or institutes, have the effect of the expiry of the land use regime for them specifically provided for in municipal land-use plans If they have not already established the land use regime applicable. 3-Before the expiry of the land use regime referred to in the preceding paragraph, the municipality must reset the land use by the drafting or amendment of territorial management tool.

Article 33 special plans of spatial planning The special plans of spatial planning spatial planning plans of protected areas, land-use plans of reservoirs of public waters, the plans of the coastline and estuaries planning plans.»

Seen and approved by the Council of Ministers of 14 June 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency