Assessment of regulation of legal relations of territorial planning: A case study in Lithuania

摘要

Land management is inevitably linked to the regulation of activities of its proprietor or operator stipulated by legislation and documents of territorial planning. In Lithuania, as in many European countries, territorial planning is a key measure for the formation of landscape and the alteration of its elements. With the help of territorial planning documents, governing authorities has the opportunity to orderly regulate the layout of long-term stable elements of landscape and the sustainable territorial development. However, in comparison with other European Union (hereinafter – EU) countries, territorial planning system valid in Lithuania until January 1, 2014 is still “young” and having specific features with former countries of the Soviet bloc legal regulation. The system did not provided a consistent and sustainable territorial development mechanism: there was the lack of measures allowing to manage the development processes of residential areas and implementation of territorial planning documents (especially the municipal master plans) solutions for the creation of a harmonious functional spatial system. The aim of the present paper is to assess the regulation of legal relations of territorial planning in Lithuania and the EU member states. The assessment summarizes processes of the formation of a landscape during the territorial planning, introduces new opportunities to more accurately predict the results of the current process of landscape planning, and highlights legal and sustainable elements of territorial planning system optimization. As can be seen from the assessment carried out, one of the most important territorial planning objectives was and still remains the balance of mutual relations (hierarchy of plans) of territorial planning documents in shaping the cultural landscape to ensure the rational distribution of the land fund, combining a variety of activities as well as often different land users’ and public interests. Therefore, the implementation of the territorial planning reform of Lithuania capacitates for the transition to an integrated territorial planning, ensuring sustainable development.