03 December 2015, 10:08
The draft law No. 2094a offers to amend Article 24 of the Law of Ukraine "On regulation of urban development," according to which the ban on transfer (granting) of land plots from lands in state and municipal ownership for urban development needs applies in the absence of the populated settlement’s general plan, and the ban on change of the designated purpose of a land plot applies in case of non-compliance with the settlement’s general plan.
The current wording suggests that these bans are applied in cases of the absence or non-compliance with the zoning plan or comprehensive plan of the territory.
The Committee believes that the transfer (granting) of land plots can not be made in accordance with the general plan of the settlement, because its scale does not allow determining exact boundaries of land plots. The comprehensive plan is elaborated to in a larger scale specify the provisions of the general plan of the settlement, the scheme of planning of territory’s districts, parameters of development and landscape organization, determination of all planning restrictions to the territory use and urban development conditions and restrictions in case of the absence of the zoning plan, etc.
Approved comprehensive plan is the basis for elaboration of territory development draft; allocation, withdrawal of land plots, assignment and change of their designated purpose.
Amendments offered in the draft law will in fact remove "obligations" on elaboration of zoning plans and comprehensive plans of territories and will allow transferring (granting) remaining land plots in state and municipal ownership to the ownership or use of individuals and legal entities to carry out construction or change the designated purpose of the land plot.
Taking the above into account, it is expedient to reject the bill.