NORMATIVE AND LEGAL PROVISION OF THE SPATIAL PLANNING OF LAND USE DEVELOPMENT

Authors

DOI:

https://doi.org/10.31734/architecture2023.24.237

Keywords:

regulatory and legal support, spatial planning, united territorial community, land use, comprehensive plan of the spatial development of territories

Abstract

The text highlights the importance of comprehensive plans of territorial communities and the regulatory and legal support required to prepare them. It also reflects on the changes in land and urban planning legislation and provides recommendations for the creation of such plans. The comprehensive plan for the spatial development of the territory of the territorial community (hereinafter referred to as the comprehensive plan) is both urban planning documentation at the local level and land management documentation developed to ensure the sustainable development of the territory. The comprehensive plan provides for planning decisions regarding the prospective use of the entire territory of the territorial community, based on the analysis of all resources owned by the community, and provides the community with a tool for integrated development to solve problematic and conflict issues, as well as in compliance with the principle of balancing state, public and private interests. The comprehensive plan ensures coordinated decision-making regarding the integral (complex) spatial development of all settlements as a single settlement system and the territory beyond them.

The main changes in the field of land and urban planning legislation, which are reflected in the Laws of Ukraine «On Urban Planning Activities», «On Land Management», the Land Code of Ukraine, as well as several other normative legal acts, resolutions of the Verkhovna Rada and the Cabinet of Ministers of Ukraine, are analyzed.

It is proposed to improve the legislation on the use of land in the system of restrictions because significant territories can be removed from economic activity, which can reduce the income of local communities.

It is also proposed to foresee the concept of «technological limitations» regarding more rational use of land by agro-enterprises and farms.

References

Land Code of Ukraine dated October 25, 2001 No 2768-ІІІ. URL: https://zakon.rada.gov.ua/laws/show/2768-14#Text (Accessed August 10, 2023).

On amendments to some legislative acts of Ukraine regarding land use planning: Law of Ukraine dated June 17, 2020. No 711-IX. URL: https://zakon.rada.gov.ua/laws/show/711-20/ed20220609#Text (Accessed August 10, 2023).

On amendments to some legislative acts of Ukraine regarding the improvement of the system of management and deregulation in the field of land relations: Law of Ukraine dated 04.28.2021 No 1423-IX. URL: https://zakon.rada.gov.ua/laws/show/1423-20/ed20220930#Text (Accessed August 10, 2023).

On approval of the Classification of restrictions on the use of land, which can be established by the comprehensive spatial development plan of the territory of the territorial community, the general plan of the settlement, the detailed plan of the territory: Decree of the Cabinet of Ministers of Ukraine dated 02.06.2021. № 654. URL: https://zakon.rada.gov.ua/laws/show/654-2021-%D0%BF#Text (Accessed August 10, 2023).

On land management: Law of Ukraine dated May 22, 2003 No 858-IV. URL: https://zakon.rada.gov.ua/laws/show/858-15#Text (Accessed August 10, 2023).

On regulation of urban planning activities: Law of Ukraine dated February 17, 2011. No 3038-VI. URL: https://zakon.rada.gov.ua/laws/show/3038-17#Text (Accessed August 10, 2023).

On the state land cadastre: Law of Ukraine dated 07.07.2011. No 3613-VI. URL: https://zakon.rada.gov.ua/laws/show/3613-17/ed20230518#Text (Accessed August 10, 2023).

Published

2023-12-16

How to Cite

Pyrih А. (2023). NORMATIVE AND LEGAL PROVISION OF THE SPATIAL PLANNING OF LAND USE DEVELOPMENT. Bulletin of Lviv National Environmental University. Series Architecture and Construction, (24), 237–244. https://doi.org/10.31734/architecture2023.24.237

Issue

Section

GEODEZY AND LAND ORGANIZATION: CONDITIONS, PROBLEMS AND DEVELOPMENT PROSPECTS