Are you interested in a more detailed regulation of the conditions of use of a certain area? A regulatory plan may be the solution.
Do you want to regulate a certain area in your municipality in more detail, either from the perspective of the municipality or the affected owner? In this case, a regulatory plan or a master plan with regulatory plan elements can be prepared for the specific area.
The Regulatory Plan is the most detailed spatial planning documentation, which applies only to certain parts of the municipality and allows to significantly influence the future character of this area. However, no legislation specifies what elements of regulation must or may be used in a regulatory plan. The specific method of regulation is a decision made by the planner based on the approved specifications, taking into account the uniqueness of the subject area and the goal and purpose of the regulatory plan. However, the Regulating Plan must always respect the overriding land use planning documentation, including the Master Plan. The issuance of a Regulating Plan, like the issuance of a Master Plan, is not contingent upon the consent of the affected owners.
What is the difference from the zoning plan?
The zoning plan addresses the entire territory of the municipality and establishes the basic concept of its development. The Regulatory Plan applies only to selected parts of the municipality and sets out more detailed conditions for the use of individual areas and for the location and layout of buildings. In doing so, the zoning plan cannot contain the elements of the details of the regulatory plan. The Regulatory Plan is not accompanied by a Sustainable Development Impact Assessment or an Implementation Report.
What can be regulated through a regulatory plan?
A regulatory plan can give order to the area in question and establish its uniform, detailed character. At the same time, it can set boundaries and clear rules for buildings that will be placed in the area in the future. The regulatory plan can also provide for the creation and arrangement of public spaces, pedestrian accessibility, coordinate the technical and transport infrastructure of a particular location and determine the routing of utilities and entrances to land in the area.
The regulatory plan may thus provide for a specific area:
- the number of residential units in the building,
- the position and orientation of buildings in relation to the street (street and building lines),
- mutual spacing of buildings,
- the ground plan size of the building, height, volume and shape of the building, roof shape, as well as requirements for material and colour solutions of buildings,
- data on the capacity of the building,
- requirements for fences and their transparency,
- conditions for the use of the ground floor of buildings (e.g. for shops and services).
The zoning plan may set more general conditions for the use of the territory, for example:
- minimum building plot size,
- maximum built-up area and green space coefficient,
- storey and height of buildings,
- parking requirements,
- conditions regarding connection to the WWTP.
A zoning plan can never contain the detail elements of a regulatory plan.
Zoning plan with elements of a regulatory plan
At the same time, a master plan with elements of a regulatory plan can be acquired, within which certain parts are addressed in the details of the regulatory plan. In this case, there is no need to prepare a separate regulatory plan for the selected area, as the required regulatory detail is already included in the master plan itself.
The establishment of a land use plan with elements of a regulatory plan may be particularly suitable for small municipalities that do not need to prepare a separate land use plan documentation if they need to regulate a certain area in more detail. Elements of the regulatory plan can also be incorporated into the master plan by means of an amendment to the master plan, so it is not necessary to draw up a whole new master plan. If a municipality is interested in drawing up a master plan with elements of a regulatory plan, this procedure must be decided by the municipal council as part of its decision to draw up a master plan or an amendment to the master plan, and this fact must also be stated in the specification of the master plan.
By appropriately setting conditions, a regulatory plan can ensure that certain desired features of development in a particular area are maintained and can contribute to making the regulated environment ultimately pleasant and functional for living.
If you would like more information in this regard, please do not hesitate to contact us.
This article is for informational purposes only and does not constitute legal advice or guidance for any particular case.