Territorial planning. Types of spatial planning documents

According to the Town Planning Code of the Russian Federation, territory planning determines their development. The methodology is used to establish zones according to certain functions, zones of placement of objects of planned construction, as well as zones with special conditions of use. Spatial planning is implemented within the country, municipal structures, as well as constituent entities of the Russian Federation. In our article, we will consider this category in more detail, in particular, we will analyze the composition and procedure for preparing territorial planning documents.

Appointment

The mentioned methodology is aimed at identifying the specific purpose of the areas in the territorial planning documents by a combination of economic, environmental, social and other factors. This is done in order to ensure sustainable development of territories, development of social, transport and engineering infrastructures, taking into account public interests, preferences of the state, as well as subjects of the Russian Federation and municipal structures.

In the absence of territorial planning documents for a particular land plot, neither municipalities nor government bodies shall have the right to reserve the land, their withdrawal. In addition, they cannot transfer land between categories.

Document Classification

Consider what documents of spatial planning in the Russian Federation exist today. It is important to note the following papers:

• Planning documentation of the Russian Federation.
• Documents of territorial planning of the constituent entities of the Russian Federation.
• Documentation of municipal planning.

The listed securities are considered obligatory for government bodies, local government structures directly upon their adoption of certain decisions, as well as in the process of their implementation.

It is unacceptable for the said state bodies to make decisions related to the reservation of lands, their seizure, including through the redemption of territories for municipal or state needs, with the transfer of land between categories, provided that there are no territorial planning documents. An exception is situations that are provided for by laws of federal significance.

Documents of the Russian Federation

Consider the content of territorial planning documents of the Russian Federation. They are planning schemes in the following areas:

• Development of transport of federal significance, means of communication, communication and information.
• The country's defense and national security.
• Energy development.
• Application and protection of forests.
• Application and protection of water bodies.
• The location and development of federal-type natural sites that are under special protection.
• Protection of the territories of two or more constituent entities of the Russian Federation, which are at risk of emergencies of technogenic and natural nature, as well as the impact of their consequences.
• The development of space activities.
• The development of monopolies of the natural type.
• Other areas stipulated by relevant legislation on the territory of the Russian Federation.

Composition of territorial planning documents

Planning schemes include certain provisions related directly to planning and related schemes (maps). In turn, they include the following components:

• Goals and objectives of territory planning.
• A list of activities related to this planning, as well as a designation of the sequence of their implementation.

Planning schemes

On the maps contained in the land planning schemes, the following information is displayed:

1. The borders of the constituent entities of the Russian Federation, closed-type administrative-territorial formations, economic zones of special significance, and municipal structures.
2. Borders of forest fund territories; lands that are under special protection; planned boundaries of the named varieties of land.
3. The boundaries of the territories on which the country's cultural heritage sites are located.
4. The boundaries of those zones in which special conditions for the use of territories are relevant.
5. Borders of lands that are at risk of emergencies of a man-made and natural plan.
6. The boundaries of land intended for the construction of construction projects. The boundaries of territories with already located objects endowed with federal significance, and in this case, the boundaries of land plots of different categories are displayed, as well as the restrictions associated with their use.
7. Territory schemes in terms of the development of federal transport, communications and information, energy, communications, space activities, state security and defense, natural monopolies.

It is worth noting that planning schemes in any case are subject to approval by the Government of the Russian Federation. They must be officially published, including on the Internet resource of the government of the Russian Federation.

Design and approval of schemes

We will analyze the issues of preparation and further approval of territorial planning documents. Actual schemes and changes made to them are approved by the Government of the Russian Federation in the manner established by the current legislation in the field of defense, as well as the law on state secrets.

The preparation of territorial planning documents is based on the results of engineering surveys in accordance with the requirements of technical regulations. Moreover, federal programs in the field of state, environmental, economic, cultural, national and social development of the Russian Federation are necessarily taken into account. An important role is played by the provisions related to the planning of territories and contained in the territorial planning documents of the constituent entities of the Russian Federation, as well as in the papers of municipalities. It is worth adding that the proposals of interested parties are taken into account.

Approval and publication

Draft schemes prior to their approval must necessarily be agreed with the interested executive authorities of the constituent entities of the Russian Federation, and in the order established by article 12 of the Civil Code of the Russian Federation. They should be published in the manner determined for the official publication of regulatory legal acts of the Russian Federation, other official documentation, not less than 3 months immediately before their approval. Draft schemes can be posted on the official resource of the Government of the Russian Federation. Interested parties are entitled to submit their proposals related to draft schemes for planning the territories of the Federation.

Within 3 days from the date of approval, these schemes are sent to the executive structures of state. authorities of the constituent entities of the Russian Federation of higher importance, as well as to local government bodies of municipalities, in respect of whose territories land planning schemes have been developed.

The draft scheme should be agreed with the highest executive structures of state administration when the proposals contained in it imply a change in the actual or planned boundaries of agricultural land plots; limits of territories of natural type at the regional level, which are under special protection by the state, if they are the property of a constituent entity of the Russian Federation; boundaries of land plots related to cultural heritage; boundaries of land on which the planned construction of capital construction projects, determined by regional significance. Issues related to the location of federal capital construction projects that may adversely affect the environment must also be agreed upon.Other points are not coordinated due to the preparation of a draft plan for planning the territories of the Russian Federation.

Reconciliation circumstances

The term within which the draft plan for planning land plots should be agreed upon should be no more than three months after it has been sent to the executive structures of state administration of the RF subjects of the highest level.

Upon receipt from one or a number of constituent entities of the Russian Federation of summary conclusions that contain provisions related to disagreement with the draft scheme, and with the rationale for this decision, it is decided to create a conciliation commission within 30 days after the expiration of a certain period of approval of the corresponding project. The maximum period of its work of the conciliation commission shall not be more than three months.

Commission Results

Based on the results of the activity, the conciliation commission shall provide the following papers:

• A document related to the approval of the draft scheme, as well as a draft scheme prepared for approval, and with the changes that have been made to it.
• Materials in the form of text and in the form of diagrams relating to uncoordinated issues.

On the basis of the documentation provided by the conciliation commission, a decision is made to approve the scheme or to reject its draft, as well as to send it for revision.

It is worth knowing that the implementation of the territory planning scheme is based on the corresponding plan. Its preparation and subsequent approval are carried out in a certain order. It is established by the Government of the Russian Federation. In this case, the implementation period is three months from the date of approval of the scheme.

Scheme Implementation Plan

The implementation plan of the scheme contains:

• Terms of preparation of territorial planning documents of municipalities or constituent entities of the Russian Federation for the construction of federal capital construction facilities. It should be noted that on their basis the boundaries of land for the construction of these objects are specified or identified.
• Dates in which project documentation should be prepared, as well as the period of construction of these facilities.
• The rationale for the implementation of the planning scheme in financial and economic terms.

Subject Planning Documents

The preparation of territorial planning documents for entities is based on the results of engineering-type surveys in accordance with the requirements of technical regulations. At the same time, programs in the field of state development of entities are necessarily taken into account. Attention is paid to the provisions on land planning contained in the land planning documents of the Russian Federation, documents of territorial planning of municipalities. Interested party offers are also taken into account.

The following points should be indicated in the diagrams:

1. The boundaries of municipal structures (municipal districts, urban districts, settlements, which are included in the subject of the Russian Federation).
2. The limits of the forest fund; land plots of regional level, which are under special protection; lands of security and defense.
3. The territorial boundaries of agricultural purpose, as well as the boundaries of agricultural land.
4. Land boundaries that are provided for the construction of facilities at the regional level or those where such facilities are already located, if they are the property of a constituent entity of the Russian Federation.
5. Schemes of land plots for the construction of facilities at the regional level (transport, energy systems, communications, linear objects that ensure the operation of natural monopolies).
6. The limits of land plots and objects with certain restrictions in terms of use, which relate to the sphere of planning the territories of the Russian Federation and are within the boundaries of the subject of the Russian Federation.

Planning scheme for municipalities

The planning scheme for land plots of the municipal district should be approved by the representative structure of local government of the municipal territory. In this case, the following documents are relevant:

• Planning schemes.
• Master plans of actual settlements.
• Plans for urban districts.

Conclusion

So, we fully considered the category of territorial planning, analyzed the existing types of documents related to the issue.

In conclusion, it should be noted that territorial planning is an important aspect without which the full development of land can be considered impossible. The Land and Town Planning Codes of the Russian Federation allow you to regulate and implement work that is based on the planning of land within the municipal structures, constituent entities of the Russian Federation and the country as a whole.