Republic of Latvia
Cabinet
Regulation No. 711
Adopted 16 October 2012
Regulations Regarding Local Government Spatial Development Planning Documents
Issued according to
Section 7, Paragraph one, Clauses 4 and 5
of the Spatial Development Planning Law
1. General Provisions
1. This Regulation prescribes:
1.1. the content of spatial development planning documents of the local level – sustainable development strategy, development programme, spatial plan, local plan and amendments thereto, detailed plan and thematic plan – of a municipality or city local government (hereinafter – local government) and the procedures for developing them;
1.2. the procedures for organising public discussion in the process of developing local government spatial development planning documents;
1.3. the conditions to be included in a contract on developing and financing of a local plan or detailed plan;
1.4. the requirements for persons developing local government spatial development documents.
2. Developing of spatial development planning documents shall be organised and managed by the head of developing – an official or employee of the local government – approved by a decision of the local government council.The head of developing has a duty to ensure co-operation with the State and local government authorities involved in developing spatial development planning documents, receipt of the necessary information, conditions and opinions, availability of the relevant information to the public, as well as to prepare and submit the materials of spatial development planning documents to the local government for review.
3. A local government shall post the decisions related to developing of spatial development planning documents in the Spatial Development Planning Information System (hereinafter – SDPIS), on the website of the local government within three working days, as well as communicate them to the public in other ways available within two weeks.
4. Graphical section of the local government spatial plan, local plan or detailed plan shall be prepared in one of the following vector data file formats:
4.1. geographic mark-up language (GML) file format;
4.2. Autodesk computerised designing (DWG) file format;
4.3. Autodesk computerised designing data exchange (DXF) file format;
4.4. Bentley Systems computerised designing (DGN) file format;
4.5. ESRI geo-spatial vector data (SHP) file format.
5. The approved spatial development planning documents and the documents related to developing thereof shall be drawn up in accordance with the laws and regulations regarding drawing up of documents, indicating the persons developing these documents (particular natural persons), shall be posted in the SDPIS and on the local government website in accordance with the requirements of laws and regulations, and access thereto in the local government shall be ensured.Graphical sections of spatial development planning documents shall be posted on the local government website in a portable document file (PDF) format or in a digitally compressed and coded image (JPEG and PNG) file format.
6. The local government shall aggregate the documents related to the process of developing the spatial development planning documents in a separate volume, ensuring electronic retention and availability thereof in the local government.
7. The local government shall ensure any person with the possibility to become acquainted with spatial development planning documents of the relevant local government.
8. A permanently updated description of the current situation shall be used as informative material for developing spatial development planning documents. All situation description materials shall be dated and aggregated in a separate volume. If, during developing of spatial development planning documents, such studies or data characterising the situation are published which considerably influence the description of the current situation, the local government shall assess the necessity to amend the terms of reference for developing a spatial development planning document.
2. Content of Spatial Development Planning Documents
2.1. Content of the Sustainable Development Strategy
9. The sustainable development strategy shall be developed in conformity with the sustainable development goals and priorities stated in the Sustainable Development Strategy of Latvia and the sustainable development strategy of the relevant planning region.
10. The sustainable development strategy shall consist of:
10.1. the strategic section, which includes a long-term development outlook (vision), goals, priorities and spatial specialisation;
10.2. the spatial development perspectives.
11. The spatial development perspective shall describe, and in a freely chosen type, graphically display the preferable spatial structure of the territory, including:
11.1. the most significant existing spatial structure elements and the preferable long-term changes, main functional premises;
11.2. the structure of population and assortment of public services;
11.3. the main transport corridors and infrastructure (for example, State main and regional motorways, railways, ports, airports), as well as the main engineering communication networks and objects;
11.4. the spatial structure of nature territories, including the network of specially protected nature territories;
11.5. the territories of cultural and historic significance;
11.6. valuable landscape territories and other special territories;
11.7. priority development territories.
12. The local government shall ensure the monitoring of a sustainable development strategy by assessing the implementation results on a regular basis.
2.2. Content of a Development Programme
13. A development programme shall be developed, taking into account the goals and priorities stated in the sustainable development strategy of the local government and assessing the spatial development planning documents of the national level, of the relevant planning region and the neighbouring local governments.
14. A development programme shall consist of:
14.1. the strategic section, which includes mid-term development priorities and action directions (set of measures);
14.2. the action and investment plan;
14.3. the procedures for monitoring and assessment of the implementation, stating the performance indicators and the frequency of submission and content of the monitoring reports.
15. An action and investment plan shall be developed for a time period of at least three years, including:
15.1. the planned activities and the terms for fulfilment thereof;
15.2. the investment projects, the amount and sources of financing thereof;
15.3. the results of the planned actions;
15.4. the implementation period;
15.5. the persons responsible for implementation of the action and investment plan.
16. The action and investment plan shall be updated at least on an annual basis, in conformity with the local government budget for the current year.
17. The local government shall develop a monitoring report on implementation results of the development programme not later than six months before the next local government elections. It shall include information regarding the performed activities, changes in performance indicators, conclusions and recommendations for further action, as well as information regarding conformity with the goals stated in the sustainable development strategy.
2.3. Content of a Spatial Plan
18. A spatial plan shall be developed in conformity with the sustainable development strategy of the local government, assessing what is stipulated by the Sustainable Development Strategy of Latvia, the sustainable development strategy of the relevant planning region and thematic plans of the national and regional level.The spatial plan shall be developed for the entire territory of the local government or parts thereof – municipality rural territories (or pagasti), municipality towns and villages or rural territory, using different scales with a corresponding level of detail.The spatial plan of a city local government shall be developed for the entire administrative territory of the local government.
19. The spatial plan shall consist of:
19.1. an explanatory memorandum;
19.2. a graphical section;
19.3. provisions for the utilisation and building up of the territory.
20. The explanatory memorandum of the spatial plan shall include an assessment of the existing spatial plan, local plans and detailed plans, a description of the design solutions of the draft spatial plan and the conformity thereof with the sustainable development strategy.
21. The graphical section shall be prepared on the basis of a topographic map developed in the co-ordinate system LKS-92-TM, which is no more than five years old, with a scale precision from 1:2000 to 1:10 000. The print-out scale of the graphical section shall be chosen as necessary.
22. The graphical section shall be comprised of the functional zoning map of the territory and, if necessary, the thematic schematic map.
23. The following shall be included in the graphical section:
23.1. borders of cities, municipality towns, municipality rural territories (or parishes) and villages;
23.2. functional zoning of the territory;
23.3. existing and planned public infrastructure;
23.4. territories of the deposits of mineral resources of State significance;
23.5. objects of national interest;
23.6. encumbered territories and objects, subject to the determination of protective zones (if it is possible to depict the relevant protective zones in the selected map scale);
23.7. if necessary, other territories and objects.
24. If the spatial plan provides for expansion of a town or village, formation of a new town or village or cancellation of their status, the explanatory memorandum, in addition to that laid down by Paragraph 20 of this Regulation, shall also include the substantiation of such necessity.
25. The graphical section shall be drawn up in conformity with the requirements laid down in the laws and regulations regarding drawing up of documents, indicating the co-ordinate system, co-ordinate network, name of the map, precision of the scale of the foundation and print-out of the map (if the scale of the print-out differs from the scale of the foundation), legend with explanations and the person who developed the graphical section.
26. Provisions for the utilisation and building up of the territory shall include a list of the existing local plans and detailed plans and shall determine:
26.1. particular requirements for the utilisation of the territory and the parameters of building up of the territory in each functional zone;
26.2. the procedures for implementating the spatial plan;
26.3. other requirements, restrictions and conditions, taking into account the landscape assessment, peculiarities and specificity of the territory.
2.4. Content of a Local Plan
27. A local plan shall consist of:
27.1. an explanatory memorandum;
27.2. a graphical section;
27.3. provisions for the utilisation and building up of the territory.
28. If a local plan is developed for detailed specification of the spatial plan, the explanatory memorandum shall include a substantiation for the detailed specification.
29. If a local plan is developed in order to change the utilisation of the territory stated in the spatial plan, the explanatory memorandum shall substantiate the necessity for amending the spatial plan and shall include a description and substantiation of the solutions of the local plan.
30. The graphical section of a local plan shall:
30.1. detail the functional zoning stated in the spatial plan within the scope of the permitted utilisation of the territory or determine the functional zoning in conformity with the sustainable development strategy of the local government and the requirements laid down in the laws and regulations regarding spatial planning, utilisation and building up of the territory;
30.2. specify the borders of the functional zoning of the spatial plan, if they are not specified in detail in the spatial plan due to the precision of the scale;
30.3. if necessary, determine or specify the borders of the municipality towns, municipality rural territories (or pagasti) and villages;
30.4. determine special territories and objects;
30.5. determine and specify the transport infrastructure solutions;
30.6. determine and specify the main engineering communications and the main engineering network supply and amelioration solutions;
30.7. depict the units of land and, if necessary, borders of the part of the unit of land;
30.8. specify the encumbered territories and objects, subject to determination of protective zones, as well as shall determine the red lines of the streets.
31. The graphical section of a local plan shall be prepared on the basis of a topographic map developed in the co-ordinate system LKS-92 TM, which is no more than five years old, with a scale precision from 1:2000 to 1:10 000. The print-out scale of the graphical section shall be selected as necessary.
32. The provisions for the utilisation and building up of the territory shall specify or determine the conditions for the utilisation of the territory and the parameters of the building up of the territory, as well as shall state other requirements, restrictions and conditions, taking into account the landscape assessment, peculiarities and specificity of the territory, and the tasks of developing a local plan.
2.5. Content of a Detailed Plan
33. A detailed plan shall be developed in order to implement a particular development proposal, specifying the requirements stated by the spatial plan or the local plan in more detail.
34. In towns and villages a detailed plan shall be developed:
34.1. in the cases provided for in the spatial plan;
34.2. for units of land intended for complex building up of the territory – a set of buildings, structures, streets or roads and engineering communications related to technological processes and stated in the spatial plan, which is planned to be built up in a certain sequence or implemented in stages;
34.3. prior to the commencement of new construction, except in the following cases:
34.3.1. if the function of the planned building up fits in the relevant building development block and conforms to the parameters of the existing building development and the requirements of building regulations, and it is not necessary to rearrange the traffic infrastructure, which would affect the adjacent territories and public access thereto;
34.3.2. for expanding the existing production objects (in the same unit of land), if no protective zones are designed which would encumber the neighbouring immovable properties, and it is not necessary to rearrange the traffic infrastructure;
34.3.3. for constructing engineering and technical and security structures in order to secure the existing building development against inundation or flood, as well as to intercept and collect different types of pollution;
34.3.4. for constructing technical observation stations, boat garages (slipways), berths of boats, motor water vehicles, coastal fortifications and piers, structures for the arrangement of swimming places and infrastructure and facilities necessary for the maintenance thereof.
35. A detailed plan in a rural territory (a territory outside towns and villages) shall be developed:
35.1. in the cases provided for in the spatial plan;
35.2. if the planned separation of the units of land or the building development creates the need for complex solutions of construction of infrastructure and engineering communications.
36. If in the territory of a local government it is proposed to construct objects near a residential or public building development creating a specific impact (smell, noise, vibration or other type of pollution), but which are not subject to the environmental impact assessment procedure, the local government shall organise a public discussion in accordance with the procedures laid down in the by-law of the local government in order to find out the opinion of inhabitants.In assessing the construction intent of the proposed object, the local government shall take into account the spatial development planning documents of the local government and the results of the public discussion.If the local government supports the construction intent, it shall take a decision to develop a detailed plan, if any is necessary in accordance with Paragraph 34 or 35 of this Regulation, or shall forward the construction intent in accordance with the laws and regulations governing construction.
37. A detailed plan shall be developed for a spatially united part of the territory, using the land boundary map as the substantiation and conforming to the information registered in the information system of the State Cadastre of Immovable Property (hereinafter – Cadastre Information System) regarding borders of the unit of land and the part of the unit of land.
38. The developing of a detailed plan may be carried out concurrently with the developing of a construction design, including a sketch design in the composition thereof.
39. A detailed plan shall consist of:
39.1. an explanatory memorandum;
39.2. a graphical section;
39.3. conditions for the utilisation and building up of the territory;
39.4. a sketch design, if any is provided for in the terms of reference.
40. The explanatory memorandum shall include a description and substantiation of the solution of the detailed plan.
41. The graphical section of a detailed plan shall be developed in the geodetic co-ordinate system of Latvia (1992) LKS-92 TM on the basis of a high definition topographic information plan.
42. The graphical section shall be drawn up, indicating the co-ordinate system, points of intersection of the co-ordinate network, the scale of mapping basis and the scale of the print-out (if it differs from the scale of the mapping basis), legend with explanations and the person who developed the graphical section.
43. The graphical section shall determine and depict:
43.1. borders of the unit of land and the part of the unit of land and cadastral designations thereof, as well as the borders of the planned unit of land, providing for the possibilities to access each unit of land;
43.2. the permitted type of utilisation of the units of land, including:
43.2.1. the planned layout of buildings, traffic infrastructure and engineering communications;
43.2.2. the scheme of profiles and red lines of the streets and roads;
43.2.3. encumbered territories and objects, subject to the determination of protective zones;
43.2.4. public outdoor territories and access thereto;
43.3. addressing proposals;
43.4. if necessary, other information according to the terms of reference.
44. If a person certified in land use planning works is participating in the development of a detailed plan, then the certified person shall confirm with his or her signature on the graphical section of the detailed plan that the land use planning works provided for in the development of the detailed plan meet the requirements of the laws and regulations governing the developing of a land use planning design.
45. If a detailed plan is developed concurrently with a construction design, the section of the construction design shall be developed by a person certified in the field of construction, who has the rights of permanent practice in designing.
46. The graphical section of the detailed plan shall depict the borders of the existing unit of land and part of the unit of land, in conformity with the requirements of the specification prescribed by the laws and regulations governing land use planning.