A new version of the project has been published on the website of the Government Legislation Centre Act amending the Act amending the Act on spatial planning and development and certain other acts.
Below is a brief description of the most important changes compared to the previous version of the project:
- clarifying and adding legal definitions;
- removal of planning fee provisions;
- removal of the validity period of the decision on development conditions;
- clarifying and supplementing the provisions on public participation in the planning procedure and ZPI.
The Ministry took into account the comments of the PINK Association regarding:
- changes in the regulations regarding planning fees
– provisions regarding planning fees have been removed from the draft;
- clarification of the provision regarding the form in which the municipal council expresses consent to the preparation of an integrated investment plan (IIP)
– the provision has been clarified;
- extension of the validity period of the WZ decision
– the provisions specifying the validity period of the WZ decision were removed from the draft;
- making the repeal of the provisions defining the city centre development in the study dependent on the entry into force of the general plan of the commune
– the project has been completed.
The Ministry of Development partially took into account the following comments from the PINK Association:
- standardization of the concepts of "building height" and "building height", based on the current proven practice and the definition included in the Technical Conditions
– definitions have been standardized as much as possible, at the spatial planning stage it is not possible to refer to the height of the entrance to the building, because at this stage it is impossible to predict where the entrance will be located;
- removing the solution which means that if in areas for which the applicable local development plans have designated a purpose enabling the implementation of a residential function and in areas of supplementation of development within the existing residential development, the sum of the absorption capacity of undeveloped areas, including gaps in the existing residential development, is greater than 130% of the value of demand for new residential development in the commune, it will not be possible to designate planning zones in the form of a multifunctional zone with multi-family housing, a multifunctional zone with single-family housing or a multifunctional zone with farm buildings in other areas
– the provision has been changed – the order of paragraphs 1 and 2 has been changed, which makes the content of Article 13b more understandable;
- removing the requirement to prepare a local plan specifically for the location of renewable energy installations with a capacity of >500kW
– in the amended wording of the provision, the requirement to adopt a local plan applies to installations which, in accordance with the provisions on providing information on the environment and its protection, public participation in environmental protection and environmental impact assessments, are considered to be potentially likely to have a significant impact on the environment;
- mandatory specification in the local plan of the minimum and maximum above-ground development intensity, while the maximum development intensity (taking into account the underground part as well) should be specified only when necessary
– detailed changes to the regulations regarding the local plan will be made in the second stage of the reform.
The project has been submitted for inter-ministerial consultations, which will last until September 23, 2022.
The content of the new project is available HERE