Certain aspects of continuity of legal force of acts of detailed territorial planning

Certain aspects of continuity of legal force of acts of detailed territorial planning



Author: Ginta Sniedzīte

Jurista Vārds, 24.02.2009., Nr.8 (561)  un 17.02.2009., Nr.7 (560)

Abstract

Present article is dedicated to the legal aspects of continuity of acts of detailed territorial planning that have not been regulated by written law so far. First, author gives a brief introduction in the process of territorial planning and the respective legal acts, as well as points out close nature of relation between municipal territorial planning and detailed territorial planning. On this basis further research is made in order to clarify the force of those detailed territorial planning acts which have not been mentioned in municipal territorial planning. Taking into account that law prescribes a list of detailed territorial planning acts in force to be included in municipal territorial planning; this issue has been raised in legal practice. Author concludes that the list has no constitutive force (just informative) and details territorial planning acts are in force even if not mentioned in municipal territorial planning. Thus the main criterion in this field remains the compliance of the detailed territorial planning with the respective municipal territorial planning in force. It is the precondition for detailed territorial planning to be lawful. For this reason the municipal territorial planning currently in force is relevant and not the municipal territorial planning that used to be in force at the moment the detailed territorial planning was adopted. Consequently, if a detailed territorial planning does not comply with the municipal territorial planning in force; that makes it questionable and most probably unlawful. Questionability, however, does not automatically make the respective detailed territorial plannings to lose their legal force and they should be invalidated by municipality in proper procedure prescribed by the law. 

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