EUROPEAN SPACE AND TERRITORIAL INTEGRATION ALTERNATIVES
SPATIAL PLANNING SYSTEMS AND AGENCIES IN SE EUROPE
PART I PROFILES OF SPATIAL PLANNING SYSTEMS
PART II DIRECTORY OF SPATIAL PLANNING AGENCIES
FEBRUARY 2000
2 SPATIAL PLANNING SYSTEMS AND AGENCIES IN THE SOUTHEAST EUROPE
PREFACE AND OVERVIEW ...... 5
PART I: PROFILES OF SPATIAL PLANNING SYSTEMS ...... 7
1 INTRODUCTORY COMMENT ON THE COMPARATIVE PRESENTATION OF SPATIAL PLANNING SYSTEMS ...... 8
2 ALBANIA ...... 12
2.1. Overview ...... 12
2.2. Administrative context...... 14
2.3. Legal framework and types of spatial plans ...... 16
2.4. Emerging trends ...... 17
3. BULGARIA ...... 19
3.1. Overview ...... 19
3.2. Administrative Context ...... 21
3.3. Types of Spatial Plans ...... 23
3.4. Emerging Trends ...... 25
4. GREECE ...... 28
4.1. Overview ...... 28
4.2. Administrative Context ...... 29
4.3. Types of Spatial Plans ...... 32
4.4. Emerging Trends ...... 34
5. F.Y.R MACEDONIA ...... 36
5.1. Overview ...... 36
5.2. Administrative context...... 38
5.3. The legal framework and types of spatial plans ...... 39
5.4. Emerging trends ...... 40
6. ROMANIA ...... 41
3 6.1. Overview ...... 41
6.2. Administrative Context ...... 42
6.3. Types of Spatial Plans ...... 45
6.4. Emerging Trends ...... 47
7. F.R. YUGOSLAVIA ...... 49
7.1. Overview ...... 49
7.2. Administrative context...... 51
7.3. Types of spatial plans ...... 57
7.4. Emerging trends ...... 64
PART II: DIRECTORY OF SPATIAL PLANNING AGENCIES ...... 66
8. ALBANIA: MAIN SPATIAL PLANNING AGENCIES ...... 67
8.1. Overview ...... 67
8.2. List of agencies ...... 68
9. BULGARIA: MAIN SPATIAL PLANNING AGENCIES ...... 70
9.1. Overview ...... 70
9.2. List of agencies ...... 72
10. GREECE: MAIN SPATIAL PLANNING AGENCIES ...... 73
10.1. Overview ...... 73
10.2. List of the main spatial planning agencies in Greece ...... 74
11. FYR MACEDONIA: MAIN SPATIAL PLANNING AGENCIES ...... 75
11.1. Overview of main agencies ...... 75
12. ROMANIA: MAIN SPATIAL PLANNING AGENCIES ...... 77
12.1 Overview ...... 77
12.2. List of main spatial planning agencies in Romania ...... 79
13. YUGOSLAVIA: MAIN SPATIAL PLANNING AGENCIES ...... 82
13.1 Overview ...... 82
13.2 List of main spatial planning agencies ...... 83
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PREFACE AND OVERVIEW
The ESTIA (European Space and Territorial Integration Alternatives: Spatial Development Strategies and Policy Integration in Southeast Europe) project is being implemented within the framework of the Operational Programme INTERREG IIC – CADSES (Central, Adriatic, Danubian and South-eastern European Space) and more specifically to Measure A: Initiatives for the launching of a co-operative spatial planning process.
The ESTIA partnership GREECE Coordination: Spatial Development Research Unit, Department of Urban and Regional Development and Planning, Aristotle University of Thessaloniki Collaboration: Institute of Urban Environment and Human Resources, Panteion University, Athens Partners ALBANIA: National Planning Institute (ISPU), Tirana BULGARIA: Institute of Geography, Bulgarian Academy of Science , Sofia FYR MACEDONIA: Public Enterprise for Physical and Urban Plans, Skopia ROMANIA: National Institute for Research and Development in Urban and Regional Planning (URBANPROJECT R.A.), Bucharest FR YUGOSLAVIA: Institute of Architecture and Regional and Urban Planning of Serbia (IAUS), Belgrade
The central aim of the project is to identify the components and thus provide the background for the strengthening of spatial development policy integration and co- ordination among the countries of the area. This perspective takes into account the process of European Unification and Enlargement as it is reflected in the documents ‘Agenda 2000’ and ‘European Spatial Development Perspective’.
In order to pursue its aim, the project focuses upon the study of spatial development trends, prospects and policies in the Southeast Europe within the broader context of the Adriatic, Danubian and Central European space. The approach, the method and
5 the results of the study are expected to have significant generalisation potential for all the countries of the CADSES area. Serious institutional and financial constraints are faced by the less developed economies of Europe, especially those under the process of transition from a centrally planned to a market economy.
At the centre of these efforts lies the need to promote the Social and Economic Cohesion of the existing EU members and the integration of the accession countries of the wider CADSES area. Therefore, ESTIA does not look simply for ways to apply the rules and regulations or exploit the financial opportunities offered by the EU legislation and policies but intends to explore the design and formulation of new policies and/or new ways of implementation of existing policies in order to redirect the available means towards targets and objectives that are more appropriate to the needs and the capacities of the weaker economies of the area.
It is within this context that I have the pleasure to present this volume on ‘Spatial Planning Systems and Agencies in SE Europe’ consisting of two parts. Part I focuses upon the Profiles of Spatial Planning Systems and Part II includes the Directory of Spatial Planning Agencies. It is expected that the above together with the other ESTIA deliverables (i.e. the ESTIA Web Site and the pilot ESTIA Spatial Observatory) and the ‘Spatial Policy Integration Framework’ document will provide and diffuse significant information on spatial planning and will enable the deepening of cooperation on spatial development and planning for the promotion of spatial integration in SE Europe.
Grigoris KAFKALAS, January 2000
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PART I: PROFILES OF SPATIAL PLANNING SYSTEMS
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1 Introductory comment on the comparative presentation of spatial planning systems
The comparative presentation of the spatial planning systems in the six countries of the SE Europe involved in the ESTIA partnership is based upon the information provided by the partners in a series of meetings, missions and exchange of information. Due to the almost total lack of information characterizing the starting point of our endeavor we have avoided the adoption of any specific terminology or methodological device. Instead, the national teams were asked to describe and present their views on the respective spatial planning systems in order to capture the essence of their functioning.
This choice had its merits but also its drawbacks. It allowed the necessary flexibility in order to match the corresponding differences of the national systems and not to restrict the analysis into preconceived notions. However, the multiplicity of meanings and the revealed intricacies of the planning systems let alone the ambiguity associated with the use of different concepts for similar policy operations and vice versa have made very difficult any a posteriori comparison.
In view of the above mentioned difficulties we have chosen to present the information concerning the spatial planning system of each country along the same headings in order to provide a context for comparative presentation. These headings are:
§ General overview
§ Administrative context
§ Types of spatial plans
§ Emerging trends
In this manner we expect to achieve at best a comparative understanding of the actual operation of spatial planning systems, and as a minimum to have a parallel description of their major components and operational dynamism. The comparative tables presented at the end of each of the main headings should be read very carefully and only as a suggestion or even better as a hypothesis that needs to be further explored via targeted research.
8 Although spatial planning systems in SE Europe are characterized by considerable differences it is important to note at the start that in all the examined countries the importance and the need of providing a policy and procedural framework for spatial planning is recognized. Indicative in this perspective is the fact that Romania and Bulgaria have recently (1998) adopted new Regional Development Acts, Albania and FYR Macedonia are drafting such laws, while the Greek Parliament has recently voted (September 1999) a new framework law for strategic spatial planning and sustainable development. The situation in FR of Yugoslavia is somewhat different due to its diverging political trajectory but the Spatial Planning law existing since 1995 recognizes also this necessity.
The planning tradition in Bulgaria and Romania has common roots. Both countries developed in the post war period a hierarchical approach of planning in response to the socialist regime and the centrally planned system of economy. In terms of the scopes of the two systems it has to be noted that, although comprehensive, planning tradition in Bulgaria and Romania has been marked by a dualism between the physical dimension of planning on one side and the planning of the socio-economic development on the other.
The same distinction between physical and regional economic planning is obvious in the case of Greece, although Greek spatial planning system takes part of the so-called ‘urbanism” tradition, familiar to most Mediterranean countries. This tradition explains the emphasis given by the Greek legislation in the regulatory town planning and zone and the- up to now- absence of strategic spatial planning in both national and regional levels.
In Albania under the conditions of the previous socialist system the concept of spatial and regional planning had as it main aim to maintain a demographic distribution and the proportion between the urban and rural population. There is significant difficulty to overcome this legacy within the new context of liberal democracy and market economy. The FYR Macedonia faces similar problems during the ongoing transition from a system of directive planning to a more democratic approach. The real challenge is to break away with a tradition that has created major disproportion and unbalanced development and to adopt the principles of a European perspective in order to achieve the necessary flexibility.
9 In FYR Yugoslavia there is a mixed attitude towards spatial planning. It seems that due to the combination of private and state interests and the specificity of the political situation there is tendency for incremental planning to prevail. Overall it seems that there is a strong anti-planning trend that leads to the treatment of planning as a formal necessity. .
In all six countries, despite the difference of their historical trajectories, the locus of power for the operation of the planning systems has traditionally been laying with the central state. However, a notable move towards increasing power at the regional and local levels of government can be recognized in the case of Greece since 1986 and in the case of Bulgaria and Romania in the 90’s. Albania is also moving towards a similar orientation. FYR Macedonia and FR Yugoslavia have significant experience with decentralized planning but within a rather strict system that needs significant liberalization. This prospect is active for FYR Macedonia but not so for FR Yugoslavia.
Regarding the dominant regulatory style, that is the patterns of interaction between public and private sectors, all six cases had formally approached the interventionist ideal type. However, in the case of Albania, Bulgaria, Romania the leading role of the public sector in planning has been in accordance with the central planned system of economy and ‘dirigisme”. In the case of FYR Macedonia and FR Yugoslavia the orientation was more towards more corporatist solutions but with a strong state hand. On the contrary, in the case of Greece “state interventionism” seemed much more superficial than voluntary. This explains why, despite formal rigidity and legalism, common administrative and societal practices suggested usually greater flexibility and discretion in the policy-making system.
It should be noted that in all six countries spatial planning systems are actually in a stage of change. The impact of the European Union can be felt in both the substantive and the procedural aspects of the examined spatial planning systems even in the politically most distant case of FR Yugoslavia. The impact of the europeanisation process can be felt in a number of issues concerning both the administrative context and the policy instruments of spatial planning though in a different mixture depending on the particular country and its stage of transition and restructuring.
The main themes are:
10 The establishment of new territorial divisions and new regional institutions (via the creation of national development subdivisions equivalent to the European NUTS system). The new regions are mainly responsible for the preparation and the application of regional development projects and the co-ordination of the distribution of regional and horizontal assistance provided by the EU Structural Funds.
The introduction of the environmental dimension in the physical planning approach. Mainly through the on going effort of adapting to the acquis communautaire, several key EU directives and regulations concerned with the waste and water management and nature conservation are in the process of being transported in the domestic legislation of all countries. However, the key issues still lay with the establishment of effective mechanisms for the implementation of existing or transfering environmental legislation.
The effort to provide relevant information for spatial planning and development. In this perspective, data collection, monitoring, reporting and publicity mechanisms are coming into force in order to ensure a better knowledge of the existing problems and a more effective implementation of policies and projects.
Finally, the effort to establish mechanisms for public participation and consultation in the spatial planning decisions is an important asset of the current rearrangements in the institutional systems. Especially for the countries with a central planning past, the more general process of consolidation of democratic institutions and the broader decentralization and liberalization process of policy-making is a critical factor.
There is certainly need for much more in depth analysis in order to understand both the differences and the similarities in spatial planning traditions of the six ESTIA countries. The present document provides a first comprehensive overview in order to prepare the ground for future ideas and hypotheses. It is also important to stress that the historical contingency in the SE Europe creates a fast changing and still significantly unstable context within which spatial planning is not always among the first priorities.
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2 ALBANIA 1
2.1. Overview
Transition to liberal democracy and market economy faced particular difficulties in Albania. In spite of difficulties the democratic reforms have had a constant continuity directed toward Western European models in conformity to concrete condition of Albanian reality. The approbation of the new Constitution in November 1998 was a base point for the democracy stability, the legal state and the free market economy.
Spatial planning or the concept of regional planning has been implemented in Albania even before the ‘90, but in conditions of a socialist system with a centralized economy this concept had as it main aim to keep the state of statuesque. It meant preserving a demographic distribution and unchangeable rapport between the urban and rural population. The last one was encouraged to dominate and the figure of 65% of population living in rural areas did express this concept. Since the socialist planning did not consider the necessity of sufficient natural resources as a fundamental referring point, it brought very different living conditions in regions of the country. Given a very sterile foreign policy of collaboration with neighboring countries it was never thought to develop bordering regions. In general, these are the least developed areas of the country with very low incomes, infrastructure and cultural development, etc. Consequences of this misbalanced development are very profound and left their everlasting presence in our days.
After the great political and economic changes and the opening of Albania to the West together with many concepts changed the concept of spatial planning considering it as a strategic process of planning and a regulator for balanced development. However, during the transition period Albania have not followed a clear institutional policy regarding the preparation of regional plans and specifically for the compilation of spatial planning at national level.
1 This presentation is based upon the material provided by Agim Shehu, Director of the National Planning Institute, Tirana, Albania
12 Meantime other new events that didn’t exist in the past where introduced during the transition period, complicating more the way toward a serious spatial planning. The free movement of population looking for a better life encouraged the migration from the less developed northeastern and eastern areas to lowland coastal areas. Also the movement of people from rural centers to cities caused great concentrations of population in big cities and their outskirts. The percentage of rural population decreased in 55%. As a result of this movement and the substitution of the governmental developer by the private one the trends for fragmented constructions is increased with no regards for public land, arable land, tourist areas etc. It is created a new geography of built up areas.
The massive introduction of private transportation means, causing tens of time of additional circulation flow, with an undeveloped road network has created severe problems in urban and interurban traffic and it has also influenced the degree of air pollution and environmental deterioration. As a consequence of uncontrolled use of the infrastructure and growth of illegal settlements it is not responding in an adequate manner for the fulfillment normal living standard.
In this condition for the begging spatial planning studies, Albania has had a full technical and financial assistance of the international institutions like United Nations, European Community, World Bank, etc. Several studies of regional character are prepared in collaboration of international organizations and Albanian specialists. In this regard, the Coastal Profile and Coastal Zone Management Plan (CZMP) from Buna River up to Stillo Cape completed in 1996, in context of Mediterranean Action Plan (MAP) of UNEP and Mediterranean Environmental Technical Assistance Program (METAP) of World Bank would be considered as the first regional or spatial plan.
This experience might be further extended over other territories of the country, particularly on the border areas considering them a mutual benefit.2
2 The first step of this co-operation has already been taken both by Albania and Macedonia, referring to the joint project on the Ohrid Lake. Such project is planned by the approach of the World Bank contribution. The positive experience of Ohrid is to be extended over other neighbouring areas and the economical activities and infrastructures. Considering the unique natural, ecological and tourist values of Prespa Lake, a similar project like Ohrid one, is to be undertaken also on this case, through the co- operation between Albania, Greece and Macedonia and in the future even the Shkodra Lake in co- operation between Albania and Yugoslavia.
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2.2.Administrative context
After the Constitution of the Republic of Albania, approved by Law no. 8417/1998, the local governing units are the Commune or Municipality and the County. The Commune and the Municipality are the basic self-governing units. Their representative organs are the Commune Council and the Municipality Council, which together with their respective chairman deal directly with the inhabitants of these administrative units.
The Commune is the smallest administrative unit that includes the territory of one or more villages. There are 2962 villages included in 309 communes. The Municipality is the urban administrative unit. From the total number of 74 cities and towns there are 65 municipalities.
The County is compound from the territories of several basic units of local government, which could be one or more municipalities and more communes. In the present the counties are not functioning and the system is still based on the districts. There are 36 districts in national level and the Municipality of Tirana has the same status of the administrative unit. The Prefect is the Representative of Central Government in the local governments. Each Prefecture includes of several districts. Albania is divided into 12 prefectures.
The highest governmental organ for the approval of urban studies is the Territory Regulatory Council of the Republic of Albania (TRCRA).
The Prime-Minister leads the Territory Regulatory Council of the Republic of Albania as the decision-making organ and some of the leaders of the central government and institutions are the other member of TRCRA.
The local organs for approving urban studies are the Territory Regulatory Council (TRC) of districts and municipalities of first category and the Territory Regulatory Council of Municipality of Tirana. They approve all the urban studies not in the competencies of the TRCRA.
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2.3.Legal framework and types of spatial plans
The following instruments of territorial and urban planning correspond to the Law «On Urban Planning» and «Urban Planning Regulation» both approved in 1998.
• The Master plan. It is a study for urban and territorial development designed about specific themes (urban and /or rural areas, tourism, industry, infrastructure, etc), in national or regional scale. The Council of Ministers orders the preparation of the master plan in case of national scale study, or district councils in cases of regional scale study.
• Environment and Regional Urban Study. It is a very complex urban study (protection of natural values, environment and landscape, development of urban /rural centers, industrial production, agriculture, tourism, infrastructure, etc) and designed over territories of one or more districts. This study is ordered by the Council of Ministers in case when the study concerns over several districts, and by the council of districts in cases of one single district.
• The General Regulatory Plan. It is a complex urban study intended for the development of the territory of an urban, suburban, rural, resort area, etc. The Council of Municipality or Commune orders this plan.
• Detailed Urban Study. It is a detailed urban study based on the General Regulatory Plan, and it is drawn for a part of the city or area up to a single building plot.
• Plan of Building Plot. It is a graphic material based on the Detailed Urban Study, and is associated with the approval of the Building Permission and its urban restrictions.
For any kind of building followed by respective land use, is it under or above the ground and/or water is associated by the approval of Building Permission. This is the only legal document that allows the construction of the building.
It is also important to mention the territorial and urban studies approved by the Territory Regulatory Council of the Republic of Albania which are of national importance:
16 • regional urban studies,
• masterplans of areas over 10 ha and tourism areas,
• general regulatory plans for cities, which are district centers, and cities over 10000 inhabitants,
• national parks studies, natural protected areas and green parks of the cities,
• the most important national infrastructure studies,
• zones and projects over 0.5 ha in rural areas,
• city centers with a population over 50000 inhabitants and building permissions designated to these centers.
2.4.Emerging trends
In the last years in Albania are prepared several studies and sectorial development strategies. To mention are studies in the field of environmental protection, rehabilitation and construction of the road network, improvement of infrastructure development tourism facilities etc. It is of special importance that all the studies must attempt toward the territorial integration policy in the European Space.
Beside many factors there are two basic ones for integration:
• first, the fact that the major transportation infrastructure is one of the most important factors for regional development and spatial integration process. From this point of view it has been given a priority to their reconstruction and construction of international corridors.
As an international corridor, the 8-th corridor East-South connects Europe to the Black Sea, Minor Asia and Thessaloniki, passing through Albania. This corridor and the North-South one will create the new structural elements in the spatial development for Balkan Peninsula. The economic benefits are consequently evident for Albania and Balkan and European countries.
As regional corridors we can consider the four roads connecting Albania to Greece, three roads to Macedonia, one to Kosovo and one to Montenegro. Gradually these roads will become highways or speedways.
As such, the position of Albania becomes important for the European integration.
17 • Second, the European Integration could not be intended without harmonious development of the regions and diminishing contrast between them, in the context of a balanced use of the natural resources. Consequently, has to be of great importance the fast development of the border regions, which are the connecting bridges toward a permanent economic cooperation between neighboring countries.
Like other countries, Albania needs immediately the preparation of the National Spatial Plan to evaluate and monitorize the social, economic and environmental processes and determinate coordination and implementation of the comprehensive national and regional short, medium and long-term sustainable development programs. This plan will determine the direction related to the establishment of the consolidated linkages to the neighboring countries and to create the premises of a fast enrolment in the European Community.
It is a necessity the creation and function of the National Spatial Planning Agency. Both this agency and regional agencies will make the programs and coordinate the work for the preparation of the Spatial Plans and furthermore co- operate with the Spatial Planning Agencies of the other countries participating in ESTIA project.
For this aim it is a priority action to prepare and approve of the Law «Spatial Development and Spatial Planning» as a fundamental and legal document where all the activity will be based. This law will establish the territorial levels, responsible agencies, standard territorial indicators, data collection and information systems, etc, in order to promote efficient spatial development and spatial planning.
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3. BULGARIA3
3.1.Overview
Bulgaria’s transition has been one of the smoothest in the region of the Balkans. The fact that a new constitution was adopted as early as in 1991, largely facilitated stabilization and political transition. The participation of the political party which represents the rights of Bulgaria’s Muslim minority in the coalition government of 1992, and the fair and largely unproblematic constant alterations of governments, demonstrate that the country can be considered to be, more or less, securely placed within the road to democracy. However, success in political reforms has not been followed by similar success in economic transition. Limited reform progress and continuous mismanagement and corruption from 1991 to 1996 led to Bulgaria’s near economic collapse in 1996-1997. Finally, a currency board was formed in July 1997 and the lev was linked to the Deutschmark. Despite its substantial progress in establishing macro-economic stability and adopting the necessary measures, Bulgaria cannot yet be regarded as a functioning market economy. The country still needs to strengthen the implementation of legal and institutional reforms to avoid further macro-economic instability and policy reversals. Relations with the EU have progressed positively and in 1995 a Europe Agreement entered into force. Since 1997 Bulgaria has demonstrated a great consistency in implementing reforms on an EU basis.
Until 1989 Bulgaria was a socialist country with central planned economy and almost total implementation of the directive planning with a dominating hierarchical (top- down) approach. Nevertheless an integrated spatial planning did not exist. A distinction between the planning of socio-economic development and the physical planning was typical. As a result two different and not well co-ordinated systems of planning documents were produced.
The first one was connected with the planning of socio-economic development (e.g. General scheme for localisation of productive forces, district programs for socio-
3 The presentation of Bulgaria is based upon various contributions of the Bulgarian team to the ESTIA project. In particular the paper is based upon the work of Gesho Geshev, Boris Kolev, Vasil Marinov, Poli Rukova and Julia Spiridonova,
19 economic development), and the second - with the physical planning (e.g. Unitary (national) physical plan, regional and local physical plans).
The physical planning system, on the other hand, was legally anchored in the Law for territorial and settlement’s set-up. However, after 1990 the implementation of the two components, national policy for regional economic and physical planning, has been concentrated in one state institution, the Ministry of Regional Development and Public Works.
The political, economical and social changes that started at the end of the 80-es created a new situation for the spatial planning. A crises in the attitude to the planning in general arose - the movement towards democratic social system and market economy was often associated with a total deny of planning. This trend was supported by the high degree of political and economic instability that did not facilitate a long-term approach to development. In a number of cases this process is explained by direct benefits as well - the lack of planning and of clear and declared concepts is suitable for the administration and for a part of the business, as it allows to justify each concrete decision on an ad hoc basis.
Especially affected was the strategic planning. The system of regulatory physical planning at local level was preserved, although with changes, mainly related to the changed ownership rules. Though several planning documents have been elaborated but rarely adopted and implemented (e.g. the Regional scheme for the Black Sea coast and the municipality plans of the coastal municipalities, the National strategy for territorial development, strategies for several administrative regions etc.). A study of spatial development and planning in the 90-s pointed out several problems of the existing spatial planning system:
• The existing legislation related to the spatial development and planning is out of date and despite of the efforts to change it in the recent years remains inadequate to the current conditions.
• The existing spatial plans and procedures were elaborated in another political and economic situation and do not reflect the current situation and problems. Significant work is required to update the plans.
• The existing methodologies for pre-planning studies do not reflect the current complex picture of spatial system and its dynamic. There is no methodology for
20 investigating the private investments as the main investment resource, as well as for integration of private and public investments.
• Methodology for investigating and data for the real degree of development of the spatial units are lacking.
• Control and influence mechanisms for management of the spatial development do not reflect its importance for the future development of the country. Despite the curtly increase of penalties, mechanisms for preventing negative processes in spatial development (e.g. the illegal building) are far away from the desired effectiveness.
• There is no efficient system for a more intensive participation of the communities in the spatial development planning. The society itself is not adequately educated in order to formulate the problems of spatial development and to take an active part in their solving.
In this situation, characterised by the sharp deficit of public finance (both on central and local level) and a fast increase of private investments, it is vital that the spatial planning could promptly react and create conditions to prevent the chaos and to establish new adequate mechanisms for spatial management. In 1997-98 a new situation for spatial planning is evolving as well. The discussion about integrated planning has started in the sphere of regional development and territorial set-up in a number of sectors as well. A number of legislative changes establishing the basis for implementation of this new attitude to planning in general and to spatial planning especially were planned and some of them are already carried out: new administrative-territorial division, new Act for physical planning and building, new Regional development Act etc.
3.2.Administrative Context
An important aspect of the harmonisation of regional statistical legislation is to adopt the Nomenclature of Territorial Statistical Units (NUTS), proposed by Eurostat and created on the principle of a hierarchic structure. The desired compatibility between the regions in the framework of the EU has not been achieved as yet.
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The Bulgarian part of NUTS has been elaborated by the National Institute of Statistics and submitted to Eurostat in full compliance with all requirements. Territorial units have been formed at NUTS 1 and NUTS 3 levels on the basis of a functional characteristic - respectively three geographic zones and 28 groups of municipalities. Since 1 January 1999 there are 28 administrative districts on analogy of NUTS 3 level. For NUTS 2 have been used 6 planning regions and for NUTS 4 - 262 municipalities according to administrative division of the country. Human settlements are classified on the fifth level.
With the integration to the NUTS system it is very important to define the territory of the regions - NUTS 2 level - that play a decisive role with respect to the EU regional development policy. A NUT 2 is presently the basic level related to the preparation for and application of the regional development programmes, the decentralized and co- ordinated distribution of the regional and horizontal assistance from the EU Structural Funds. This is the level for statistics and analysis, information, comparisons, data support etc. in connection with regional development and planning. In contrast, there are only two levels with administrative authority over spatial planning processes. The first level is the region (oblast) as law formally defines it. The second level, also formally defined by law with strict territorial boundaries is the municipality. In certain cases, however, processes may emerge at a still lower level (human settlements or groups of human settlements), that need specific characterization and in these cases provisions should be made for data backup as well. The distinction between the boundaries of divisions with formal administrative capacities over spatial planning and the emerging statistical divisions serving the purposes of statistical analysis and programming, especially in relation to the EU assistance, introduces an important complexity to the administrative context of spatial development and planning in Bulgaria.
3.3.Types of Spatial Plans
The formation of a unified system for Spatial Planning as a basic tool of the regional policy ensuring the transnational interrelation of the national policy is the central concern of the Bulgarian model. The following remarks should be added in order to better understand the Bulgarian model:
23 - The unified system passes periodically through strategic long-term to regional planning of not obligatory character (no-binding planning) and middle-term regional planning intended to influence the distribution of human activities in space and the linkages between them and the local physical planning (Masterplans and Regulatory Planning).
This planning policy is carried out as:
- National with respect to the strategic planning with unidentified obligatory binding but with a guiding instructive character concerning:
- The middle term planning with its annual modifications, which on their side operate on the capacities for using the territory and terrains as a framework (Masterplan) and for Regulatory Planning.
In the field of physical planning the legislation and practice existing until 1990 were oriented towards elaboration of a variety of hierarchically subordinated physical plans. The main shortages of this policy of spatial planning were the absence of the attributes of local self-government, decentralization, involvement of the population and public organizations in the discussion of plans, the absence of a civic society and institutions as a corrective factor of the national governments in the implementation of a given development policy by the municipalities and the entire region. The policy for spatial physical planning is settled in the Law on Regional and Urban Planning, currently in force. This law regulates the types of plans, their structure and contents, the methods of their elaboration, procedures of approval and amendment, etc. According to the provisions of this law the following types of plans are worked out at the national level:
• Unified physical plan, subject to approval by the Parliament.
• Integrated national physical plans - co-investment initiatives combined with the spatial planning of the territory. The major components of the Integrated national physical plans are as follows: urban development of the territory; organisation of the system of public services of national and regional significance; directions and perspectives for development of the systems for technical infrastructure of national and regional significance. These are approved by the Council of Ministers.
24 • District plans for the territory of two or more administrative territorial communities (counties). The Minister of Regional Development and Public Works approves these.
• Regional physical plans. The regional governors approve these.
• Physical plans of the territories outside the settlements. The respective Municipal council approves these.
• Urban plans/general and detailed/ of the individual settlements, municipalities and related zones of impact.
• Neighborhood building plans, nivelette and silouette plans for parts of the settlements. They are also approved by the Municipal Council under a specific procedure of informing the interested owners who have the right to appeal to the court in case of violation of their ownership rights.
The plans for physical planning are subject to public debate and evaluation of their environmental impact. There are procedures envisaged by the law concerning the holding of the public debate. Mandatory participation is envisaged for representatives of the bodies issuing the permits for access to water, urban waste disposal, sewerage, electrification, district administrations and subsidiaries of the Ministry of the Environment etc. At the option of the Mayor of the respective municipality representatives of environmental NGOs may also be invited to attend. The plans are subject to public announcement among the population of the municipality, settlement, neighborhood, etc. and claims may be submitted within a period fixed by the law.
3.4.Emerging Trends
In this environment the adoption of the Regional Development Act is not surprising. It could be considered as a direct reply to the criticism of the European Commission of 1997, which shows the domination of the sector approach and the lack of inter- institutional co-ordination, straight strategy, administrative framework and budgetary instruments, on which should be grounded the regional development policy. The act has been discussed before in special circles but the changed political and economic environment themselves made possible its elaboration. Meanwhile some regional political measures have been settled in other laws as the Law for Protection in
25 Unemployment and Promotion of Employment, the Foreign Investments Law, the Law for Assisting Agricultural Producers etc.
The real work on the Act is going on since 1997. However, the major efforts have been made during the period May-July, 1998. A new philosophy of the Act have been formed where the emphasis is moved from assisting underdeveloped areas to promoting national economic growth and concentration of limited resources. The Act had been adopted by the Government on September 18, and on October 7 had been approved by the Parliamentary Commission on Local Government, Regional Policy and Public Works. The Regional Development Law was adopted in March 1999 as a framework low. It does not determine particularly the regions for assistance nor the concrete financial means and mechanisms. The plan will be elaborated for a period of 7 (proposal) years in order to achieve a long-term approach and stability of goals, principles and priorities and compatibility with the planning periods of EU, but some of its components could be updated on annual basis.
The planning process proposed by the Regional Development Act is based on the bottom-up approach. The central government has its responsibility in defining the broader framework (at the beginning of the process) and in assessment of the proposals and partly funding of regional plans (at the end). The regional level is the meeting point between the national requirements and local proposals and intentions. It is still not fully responsible for the approval and implementation of plans due to the lack of regional self-government with respective institutions and autonomous sources of funding. The regional development councils could be seen as an instrument to gain experience and self-confidence and as predecessors of the real self-government.
The acceptation of the Regional development act by the Parliament is seen more as the start of a long and thorny process. There are at least three groups of problems and respectively three groups of required actions. The first one is the elaboration of several regulations and creation of other conditions for the implementation of the Act. The second group of problems is connected with the deficits of the administrative capacity and of experience on all levels. This lack of capacity and experience will be more serious on regional and local level. Additional difficulties could be expected as a result of the new territorial division that is in force since 1 January 1999. This determines the important role of the training of everybody involved in planning. The third group of problems is connected with the fact that the
26 Regional development act is something quite new for the Bulgarian environment and it is probable to find some weaknesses in its implementation. It could not be seen as a final and everlasting product. An important role for detecting of these problems should play the monitoring system.
Other activities that will strongly influence the .spatial planning system are connected with the legislative work on several physical-planning acts. The most important is the Act for the physical planning and building. Another expected «regional» acts with strong emphasis on the physical planning aspects are the Black Sea Coast Act and the Mountain Areas Act. One of the main challenges is to establish a closer relationship and co-ordination between regional development planning and physical planning and to move to an integrated spatial planning.
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4. GREECE4
4.1.Overview
Spatial planning policy, that is both urban and supra-urban (national or regional) territorial planning policy is predominantly seen in Greece as a public sector activity at all levels of state hierarchy. The main features of the Greek spatial planning system include a multiplicity of laws and regulations; predominance of a centralized, regulatory and hierarchical planning style; low level of public support and awareness; lack of efficient monitoring and control mechanisms; and unauthorized development practice. This tradition, which is rather characteristic of many Mediterranean countries, is being actually challenged by two kinds of complementary factors. The first refers to the impact of the European Union policies and legislation on Greek spatial planning system. The second concerns the undergoing changes (induced or intentional) in the more general administrative, economic and societal models and behaviors at the domestic level (e.g. decentralization, deregulation, privatization of the public sector, enforcement of civil rights, etc).
Under this double set of constraints, Greek spatial planning policy and institutions seem being actually in a stage of transition. The outcome is mitigated as the direction of changes is the product of complex interactions between the preexisting regulatory patterns and behaviors on one hand and the new conditions and challenges implied by both EU membership and domestic modernization on the other.
Town planning legislation has a history of over a century in Greece. The first systematic and global town planning legislation came into force in 1923 and was applied for over 50 years with a lot of incremental changes undergone in the initial texts during this period. On the contrary, national and regional planning legislation is more recent. In fact it is within the Greek Constitution of 1975- the first Constitution after the dictatorship- that the first legal provisions for the supra-urban spatial planning were introduced. Today, apart from the constitutional provisions, the main body of spatial planning-law consists of three major legislative acts: first, the law 360/1976, which concerns the territorial spatial, planning in the national and regional
4 The presentation of Greece is based upon the work of Georgia Giannakourou, Panagiotis Getimis and Grigoris Kafkalas.
28 levels. This law is poorly applied and is actually under revision. Second, the recent law 2508/1997 concerned with the sustainable urban planning and, finally, the building law (1577/1985) which comprises the general rules for the erection of buildings and other structures on parcels of land.
4.2.Administrative Context
National level The Constitution defines the relationships between the different powers at national level. The legislature is expressed by the Parliament. Its role in spatial planning is very important since it enacts primary legislation which establishes the structure and the procedures of spatial and town planning and of related activities. Parliament acts in the field of spatial planning usually take the form of framework-acts (laws). Through these acts the Parliament empowers the ministries and other organs of the executive (as the Secretaries of the Regions, the Prefects and the Mayors) to make secondary or subordinate legislation for planning. The President of the Republic and the Government expresses the executive power in the country. However, the whole power emanates from the Government, while the role of the President of the Republic is limited in the signature of Presidential Decrees concerned with the approval of various spatial planning regulations and measures. The judiciary is the third pillar of the powers at the national level. Greek judicial system comprises administrative, civil and criminal courts. Most important for the spatial planning process are the administrative courts and especially the Supreme Administrative Court, known in Greece as State Council and established upon the model of the French Conseil d’ Etat. In front of these courts are made most petitions for annulment of administrative acts concerned with spatial planning either by individuals, or NGO’s, or finally by the local authorities and other public institutions. The involvement of the administrative courts - especially of the State Council- in the spatial planning process is already very important with an increasing interest in creating judicial standards for the interpretation of the domestic, community and international legislation concerned with the sustainable development perspective. In this sense, the administrative judge is not merely the guardian of the legality but furthermore a quasi producer of new norms and principles in the field of spatial planning. This has led many analysts to argue for a spatial planning policy drawn by the courts rather than by the government.
TABLE 1: STATE ORGANIZATION AND SPATIAL PLANNING LEVELS
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Parliament: enacts primary legislation for the whole country
Government: (Prime-Minister and Ministers) National Level - prepare and execute public policies - make secondary or subordinate legislation
Courts: control the application of the laws and the legality of administrative acts through the enactment of case-law
13 Administrative regions
Head: General Secretary (appointed by the Government) - Chairs the Regional Council (advisory organ made up Regional Level of local government representatives and socio-economic partners of the Region) - Supervises the regional services - Enacts the administrative acts for the competencies that fall under his responsibility
Second tier local authorities 54 Prefectures (Nomoi) Head: Prefect (elected every 4 years) Local Level Prefectural Council (elected every 4 years)
First tier local authorities 900 Municipalities (Demoi) and 133 Communes (Koinotites) Head: Mayor / or President of the Commune(elected every 4 years) Municipal / or Communal Council (elected every 4 years)
Regional level
The country is divided in 13 Regions that constitute only administrative units with no legal personality. Each Region is headed by a General Secretary appointed by the Government. The General Secretary chairs the Regional Council, a collective semi- corporatist advisory organ comprising representatives of the local government and of the socio-economic partners of the Region.
30
Local level
Local authorities in Greece are distinguished, according to the Greek Constitution, into first-tier (Municipalities and Communes) and second-tier local authorities (Prefectures). Actually, the country is divided in 54 Prefectures, 900 Municipalities and 133 Communes. The role of the local authorities of both tiers in the spatial planning system is being defined institutionally according to the local affairs concept.
However, neither the Constitution, nor the common law defines this concept, with the exception of some responsibilities explicitly stated in the Municipal Code (e.g. the parking management, street cleaning, refuse collection, construction and maintenance of municipal roads etc). Therefore, the concept is often disputed in front of the courts, which often adopt interpretations in favor of the central state.
4.3.Types of Spatial Plans
Regarding the dominant regulatory style, that is the patterns of interaction between administrative and societal actors, Greek spatial planning policy approaches the interventionist ideal type. More specifically, Greek spatial planning policy is characterized by the emphasis given in the regulatory town planning and zoning.
The use of strategic instruments is being limited officially at the national and regional levels. However, no national or regional spatial plan has been approved or implemented up to now. The instruments recorded in Table No 2 are the statutory instruments set out in the legislation. Other instruments are used for special purposes or in particular areas where the law does not provide for a plan.
Laws at the regulatory level are numerous, substantive and detailed. However, -and this is one of the overriding characteristics of the Greek spatial planning system- an important gap exists between established plans and the reality. Unauthorized development, known in Greece as illegal construction, is one of the major pathologies of the Greek spatial planning system.
32
TABLE 2: Categorization of main spatial planning instruments in Greece
Type of Area covered Responsible planning Instruments authority (for the approval)
Strategic: -National Spatial Plan -The whole country Ministry for the Environment, and Program Spatial Planning and Public -A functional planning zone or Works (YPEHODE) in co- -Special Spatial Plans area (e.g. coastal zone, islands ordination with the Ministry of and Programs e.t.c.) or a sector of activities National Economy and other (e.g. industry) -Regional Spatial sectoral Ministries Plans and Programs -The area of a Region
Framework: - Master Plans for - The Greater Area of Athens - Approved by Parliament Athens and and Thessaloniki Act (L. 1515/85 and Thessaloniki 1561/1985)
- Master Plans for - The Greater Area of the - YPEHODE (not yet other major cities selected cities approved or elaborated) - General Urban Plans (G.P.S.) - The whole of one -Regional Secretary General municipality of more than
2.000 habitants - Plans of Spatial
and Settlement - The whole of one or more Organization for municipalities and - Regional Secretary General communes of rural areas Open Cities (SHOOAP) with a population of less than 2.000 habitants each Regulatory - Different types of - Neighborhood level of one - Prefect / or Mayor (with the town – plans Municipality or Commune exception of town plans (Poleodomiki concerned with the
Meleti, Schedio regulation of coastal, Poleos) sensible or historical and traditional communes and
municipalities) - Implementation - Neighborhood level of one - Prefect /or Mayor and land Municipality or Commune contribution plans (Praxis
efarmogis) - Ministry of the - Zoning - Functional planning urban Environment, Spatial instruments or/ and rural areas Planning and Public Works (YPEHODE)
33 4.4.Emerging Trends
Greek spatial planning system is actually in a stage of change. The new trends are reflected in a series of initiatives. These include the elaboration of a new institutional framework for strategic spatial planning, the elaboration of a strategic national spatial plan, the ongoing process for the preparation of national planning guidelines for different sectors of activity or functional territorial areas and the strategic spatial development plans for the 13 Regions of the country.
Two sets of constraints seem to influence the future nature and structure of this system. The transformations occurring in the more general administrative and institutional system. Among them, we should mention the deepening and the enlargement of the decentralization and deregulation process of the Greek state (laws 2218/1994, 2503/1997, 2539/1997 etc). Second the impact of the Community policies and legislation upon the Greek spatial planning system. The most important trends of this impact are:
§ The increasing concern for national and regional spatial planning in Greece and for a better co-ordination with economic programming. This concern is produced, among other reasons, by the participation of the country in the on-going process for spatial co-operation in Europe. In response to the European awareness for spatial planning issues, Greece seems actually obliged to give emphasis in strategic spatial planning both for promoting the general competitiveness of its domestic space and for increasing the negotiating capacity of its various institutional and spatial components towards their European homologues.
§ The introduction of the sustainable development dimension into the Greek spatial planning approach. Community legislation on environmental protection has been in Greece, as in all European countries, a powerful force in shaping land use and development patterns. Furthermore, the notion of “sustainability”, enshrined into the EU Treaties, has become a major factor both for the administration and the courts in formulating new principles and procedures for spatial planning policy.
§ The introduction of the subsidiarity principle and of the partnership approach into the domestic spatial planning process. These new European organizational principles encourage the responsibility of lower levels of government, as well as the experimentation with new types of multi-level and pluralist governance,
34 blurring the limits between central/local on one side and public/private on the other. In this way, they put into question both the centralized and the normative character of the Greek spatial planning policy.
It wouldn’t be therefore excessive to argue that, under the above constraints, the Greek spatial planning system is challenged to become more efficient, operational and at the same time more pluralist and flexible. Whether these challenges are going to be accepted it remains, however, to be seen.
35 5. F.Y.R MACEDONIA 5
5.1.Overview
The Republic of Macedonia is a significant factor of stability in the region of South- East Europe. It was the only Yugoslav Republic to break away from Yugoslavia avoiding military conflict. On 8th September 1991 it became an independent sovereign state. Due to the important and sensitive strategic position of the country and because of the unstable political situation in the Balkans, the Republic of Macedonia has been protected and monitored by the West, in order to maintain the peace and the stability in the region.
The country has been facing the difficult task of combining economic and political transition with the process of state formation. The ethnic tensions in the new state were overcame and giving equal rights to the minorities, their status has been regulated. As a result of free and fair elections, the political parties representing the interests of the Albanian minority participate in the Parliament and take part in the present Coalition of the Government. It is evaluated that the democratic process in the country is developing successfully and a smooth and peaceful political transition is taking place.
Between 1996-1999 the economic reforms and the stabilization policy, pursued in accordance with IMF recommendations enabled the country to achieve a macroeconomic stability. However, unemployment still remains high and further progress is expected in the domains of public administration, privatization and banking sector development.
The peaceful policy of the Republic of Macedonia and its good relations with the neighboring countries, after overcoming some political problems, contributed to its high international reputation.
Since 16th June 1999 the European Commission has opened negotiations for a “Stabilization and Association Agreement” with the Republic of Macedonia, in order to accelerate the process of integration which is one of the main priority goals of the state policy of the Republic of Macedonia.
5 The presentation of FYR Macedonia is based upon information and written material provided by Mrs. Maridea Petrova, Architect-Planner.
36 The foundation of the Spatial Planning in the Republic of Macedonia was laid in 1969 with the initiative for the Spatial Plan of Ohrid-Prespa Region. Its elaboration was carried out and coordinated by the Establishment for Spatial Planning, based in Ohrid. In the next decade it advanced in specialized Republic Institute for Spatial Planning, which in 1982 promoted the national Spatial Plan.
In the previous political system a regional disproportion and unbalanced development were evident due to inadequate demographic, housing, land, utility and regional development policies with improper distribution of the economic capacities in relation to the natural potentials, as well as the disproportion between the material production and public services. The general impression of the situation and the tendencies was overbuilding of the space with shortage of infrastructure and space management. While in the past the economic system was offering decided solutions, in the current period of transition the planning system should have to aim at more advanced democratic approach to the planning methodology and the space treatment in accordance with the actual European and World tendencies in that field.
The policy and the strategy of the present National Spatial Development in the R. of Macedonia is integrated in the National Spatial Plan in details represented in the section on the emerging trends below. Its elaboration completed in 1999 has been indispensable need in the period of transition with radical politic, economic and social changes. It resulted from the necessity to renew the previous Spatial Plan which is expiring by 2000 and from the tendency to harmonize the further development with the new international trends.The new Spatial Plan of the R. of Macedonia is a State Managing document with a comprehensive integral approach to the National strategy for a long term space development. It defines the space, its organization in the State, the objectives, the concepts and the conditions for Spatial Development.
37
5.3.The legal framework and types of spatial plans
The System of Spatial Planning in the R. of Macedonia is organized in accordance with the Law on Spatial and Urban Planning adopted by the Parliament in 1996. The long term policy and strategy for Spatial Development of the State, the Regions, the Municipalities and the Settlements is defined through elaboration of Spatial and Urban Plans. In the period of transition unitary approach has been imposed, integrating the physical Planning with the Economic reforms. Such a transformation in 1996 resulted in the establishing of the Public Enterprise for Physical and Urban Plans. It is a specialized Institute at national level determined by the Law on Spatial and Urban Planning. In accordance with the same Law and the Methodology for Planning, two main planning documents are defined: Spatial Plans and Urban Plans.
The National Spatial Plan of the R. of Macedonia is designed on the basis of a Programme offered by the Ministry of Urban Planning and Construction and it is adopted by the Parliament. Its elaboration, implementation and monitoring are assigned to the Public Enterprise for Physical and Urban Plans. The Spatial Plan is a basic document for making decisions of the Government regarding the usage of the space through mutual adjusting of different development activities. It coordinates the interests of all users as a global framework defining the strategy for the entire and especially the economic development of the State. The National Spatial Plan has been elaborated by the Public Enterprise for Physical and Urban Plans in the period 1996 – 99 in agreement with the Ministry of Urbanism, Construction and Environmental Protection.
The Planning Process is organized in three phases: (i) Documentation-information (ii) study and analytical phase, (iii) Draft-Plan phase, Proposal-Plan phase. The first and second phases are considered and verified by the Government, its experts and political bodies. The third phase is approved by the Government and adopted by the Parliament. For more efficient implementation of the National Spatial Plan, when it is necessary, Spatial Plans for Regions, for National Parks, for the Region of the City of Skopje and for Municipalities, could be elaborated particularly.
In the category of Urban Plans there are gradual levels: - General Urban Plans
39 - Detailed Urban Plans - Urban Documentation of Settlements - Urban Plans for Areas of Border crossings - Urban Plans for Regions of public interest
Specialized institutions authorized by the Ministry of Urbanism are in charge of the Urban Plans elaboration. It could be assigned to Architects with related license that are forming a team of specialists. The Council of Municipality approves the Urban Plans at local level. The Plans at Local and Regional level have to be coordinated and integrated with the National Spatial Plan which is a global framework for the long term development of the State.
5.4.Emerging trends
Under this heading we include the description of the new Spatial Plan. The Plan is seeking an integral approach to resolving complex space problems and conflicts in interaction with developing processes. The explicitly defined basic objectives and courses of development are resulting from a profound organization, management and usage of space, including improved environmental protection. The Plan coordinates the complex physical structures of the primary, secondary, tertiary and public sectors activities, their location and allocation. The Spatial Plan is a long term document generating the main guidelines for the Spatial Development in the R. of Macedonia until 2020. It has a flexible character and could adapted to the developing processes and structural changes which will be imposed by the practice and the search for optimal solutions, in order to provide the integrity and the quality of the space.
The main task of the Spatial Plan of the R. of Macedonia is to determine the directions, the conditions, the measures and the instruments for providing harmonization of the Development of each element of the Spatial System. The basic aim of the Spatial Plan is the creation of highly integrated space by means of building, reconstruction and modernization of the settlements, infrastructures system, balanced zones for production and systems of public services. A special respect is given to the Environmental Protection, emphasizing the striving for Sustainable Development in all areas, in order to achieve long-term prosperity. Beside the internal integration of the space, the Plan is aiming at external integration with the neighboring countries, through cross border cooperation.
40 6. ROMANIA6
6.1. Overview
To allow Romania to joint in the principles of the strategy of accession to the European Union in the field of the territorial development, a long-term approach to turn to account the natural, economic, social, cultural and historical potential is required.
The approach to the development of the national territory is based on the following fundamental principles:
• Complex analysis of the potential - to the national and regional scale of the territory - and of its territorial units (counties, towns, communes);
• Correct evaluation of needs as related to a balanced development in the territory and at local level, providing in the same time the environmental protection;
• Defining options - at national, regional, and local level - as to the priorities in localising public policies of national interest.
This approach takes into account as premises of integration into the European territorial policies, on one side, turning to account the country potential, and on the other side, doing away with the internal unbalances and disparities at regional and local level.
The planning system is designed to provide environmental, social and market circumstances for sustainable development. It has a hierarchical structure. In this respect a detailed plan (structural local) must comply with a plan situated on the next superior hierarchical level. At the same time the modification of a detailed plan generates changes in the next superior hierarchical level.
The National Physical Development Plan (NPDP) gives the conceptual framework and the perspective for the strategy of territorial development for:
• The major transport infrastructure;
• A rational management of the vital resources (water, land);
• Safeguarding the natural and man made heritage;
6 The presentation of Romania is based upon various contributions of the Romanian team to the ESTIA project. In particular the paper is based upon the work of Traian Popescu, Serban Nadejde, Valentina Dumitru and.Monica Alexandru.
41 • Setting up the principles of building up a network of settlements to reflect logically their socio - economic and cultural - historical values;
• Emphasizing at national level the areas with natural risk (flooding, land slides, earthquakes) and setting some guiding principles with the goal to eliminate the negative social and economic effects, as well as the material damages that may occur within these areas;
• Devising principles of regional development in areas of the country where there are a remarkable potential for the nation (natural, economic, scientific);
• Devising the principles of sustainable development and the public development policies to compensate existing imbalances in current living conditions the less developed areas (caused by unfavorable economic, social, geographic, etc., conditions);
• Devising solutions for areas of particular importance.
6.2. Administrative Context
According to Law No. 2/1968 concerning the Administrative Organisation of Romania’s territory and the subsequent changes, the country is organised in the following administrative units: county, town and commune.
A county is composed of the administrative territories of the towns and communes.
The existing 41 counties have generally been constituted according to the geographical conditions and are based upon traditional relations of economic, social and cultural, ethnic, commercial and administrative co-operation between their human settlements. The counties have areas ranging between 1,593 and 8,697sq km, the average surface being of about 5,800 sq km. The population of the counties ranges between 231,872 and 868,099 inhabitants, the average being of about 550,000 inhabitants. The Bucharest Municipality, the capital city of the country, has the administrative status of a county, a surface of 228 sq km and a population of 2,037,278 inhabitants. The county, as territorial-administrative unit, can be assimilated to what in the European Union nomenclature of territorial statistical units (NUTS) is mentioned as the third level. NUTS III level is the subregional level of individual states.
42 The town is the basic urban territorial unit. The towns with a larger number of inhabitants and a greater economic, socio-political, cultural and scientific importance have the status of municipalities. At present there are 263 towns in Romania, out of which 82 are municipalities. The urban population of 12,4 million of people represents about 55% of the total population of the country (1.01.1998). There are 262 towns in Romania with a population ranging from 1,856 to 346,830 inhabitants, most of them (32%) having a population varying between 10000 and 19999 inhabitants. To these one should add Bucharest, the capital city of the country, which is the largest town in Romania, with its 2,037,278 inhabitants.
The communes account for a total of 2,688 units. Within the rural space that includes 90% of the surface of the country, the communes represent the basic rural territorial- administrative unit. The size the communes have a population ranging between 126 and 27,042 inhabitants, prevailing those having 2,000 and 5,000 inhabitants (62%of the total). The commune comprises one or more villages (rural settlements) grouped according to socio-economic, geographical and cultural criteria. In Romania there are about 13,000 villages, half of their total number are a small village having less than 1,000 inhabitants, out of which more than 10% are very small villages with less than 100 inhabitants. The medium population of a village is about 800 persons.
To the above we should add the new structure, introduced by the Law of Regional Development no 151, being adopted by the Parliament on 15 July 1998, consisting of eight program development regions (corresponding to the EU NUTS II level), not having territorial administrative competencies. Besides the eight development regions, according to further needs, it is possible to establish specific regions (e.g. for cross border co - operation, for remote areas).
43
6.3. Types of Spatial Plans
The present stage of radical transformation of Romania’s economic system, determining structural mutation in all areas of activity, and the large opening of the national economy towards the European and World economies have also imposed a new strategy in the field of spatial development planning. This strategy is based on a new and unitary concept, which is integrated into the basis of the economic reform and also agrees with the overall objectives of spatial development planning applied to Europe. The central Government supervises and controls the planning system and publishes national and regional guidance through its specialised ministry: the Ministry of Public Works and Territorial Planning in co-operation with other ministries, such as the Ministry of Environment, the Ministry of Finance, the Ministry of Transport, the Ministry of Agriculture, the Ministry of Tourism, etc. Local authorities formulate local policy instruments. Spatial development planning is an official governmental policy implemented through global and field strategies carried out at national, county and local levels. The categories of spatial development planning are:
• The National Physical Development Plan (NPDP-PATN) is a set of synthetic studies and plans which formulate strategies, forecasts and measures, determining the dimensions, the directions and priorities of the development occurring on Romania’s territory, in accordance with the regional and continental requirements. The National Physical Development Plan is the main instrument at the national planning level has a guiding character and comprises co-ordinated sections, representing strategic governmental field programs for the entire country. The elaboration of the plan has a continuous character; its stipulations are perfectible and constitute compulsory elements to take into account in the constitutive territories planning.
• The Zonal Physical Development Plan is drawn up for territories grouped in an area with common geographical, historical, economic or/and other types of characteristics, area which comprises completely or partially the administrative territory of several counties. The plan generates inter-county territorial policies on concrete problems of common interest. In the Zonal Physical Development Plan
45 one assumes for the corresponding territory the stipulations from the National Physical Development Plan.
• The County Physical Development Plan and the Bucharest Municipality Physical Development Plan are drawn up for all their administrative territories. The plans have a co-ordinating and harmonising role in the development of the territories of the constitutive administrative units and assume the stipulations of the National Physical Development Plan and the Zonal Physical Development Plan.
• The Inter-urban / Inter-communal Physical Development Plan is drawn up for territories within which there are or are foreseen co-operations at socio- economic and service level. The provisions of the County Development Plan that are subject to improvement are to be considered compulsory inputs for the Inter- urban / Inter-communal Physical Development Plan.
• The Local Physical Development Plan for a Municipality / Town / Commune presents the framework of the social and economic actions specific to the settlements, framework which must be correlated to the territory planning objectives and policies at national, zonal, county, inter-urban or inter-communal level. Generally speaking the Local Physical Development Plan for a Municipality / Town / Commune is elaborated at the same time with the General Urban Plan of the settlements within the corresponding administrative territory. According to the law in urban areas development is permitted only after a building permit has been issued . The development must comply with the regulations of the general urban, zonal or detailed plans for the area where it is going to take place. The local administration is responsible for the elaboration and approval of urban plans but for some detailed plans the initiator can also be private.
• The General Urban Plan contains the strategy, priorities and urban regulations concerning the development of the settlement. The availability period of the General Urban Plan lasts generally for 5 to 10 years.
• The Zonal Urban Plan establishes the objectives and the instruments for developing a certain area of a settlement for a certain period of time in compliance with the regulations of the General / Local Urban Plan of the
46 settlement. The structure of the Zonal Urban Plan details the content of the General Urban Plan providing at the same time urban rules and regulations necessary to the building permit.
• The Detailed Plan establishes the building rules on a certain piece of land for a building or a group of buildings in compliance with the other categories of urban plans and with the characteristics of the neighbourhood.
All urban plans are accompanied by stipulations in agreement with the General / Local Urban Development Regulations . The Ministry of Public Works and Spatial Development (MPWSDP) supervises regional and local planning. MPWSDP co- ordinates the realisation of the Physical Planning of the National Territory and Regional Physical Planning, reviews certain categories of urban plans, co-ordinates the research activity in the field of spatial and urban development planning and issues planning guidelines and regulations. Issues of national interest having an impact on spatial development planning are decided in co-operation with other governmental bodies such as the Ministry of Environment, the Ministry of Transport, and the Ministry of Agriculture. At regional and local level the county councils and the local councils co-ordinate the spatial planning activity and establish the general development objectives. At the same time at regional and local levels the technical aspects of spatial and urban development planning are the responsibility of the regional and local planning authorities which are subordinated to the regional or local administrations. According to the Law, all the towns and communes are compelled to make urban plans and to review them periodically. No development could take place without a building permit.
6.4.Emerging Trends
One of the most recent important laws is the Law on Regional Development. The law sets out the institutional framework, the principles, the objectives, the competencies and the specific instruments to the regional development in Romania. This law was adopted by the Parliament in July 1998.
The regions represent the second level of the EUROSTAT territorial classification- NUTS II and they do not have administrative competencies. The regional development structures at territorial level are:
47 - The Regional Development Board (RDB)-as deliberative body;
- The Agency for Regional Development (ARD)-as executive body;
- The Regional Development Fund (RDF).
Until now, four from the total number of eight agencies started their activity.
The RDB consists of the presidents of county councils and a representative for each municipal city council. The RDF is made up annually of allocations provided, by the National Fund for Regional Development, contributions of local and county budgets, financial resources drawn from the private sector, banks, foreign investors, European Union, other international organisations.
The regional development structures at national level are:
- The National Board of Regional Development (NBRD);
- The National Agency for Regional Development (NARD);
- The National Fund for Regional Development (NFRD).
NBRD consists of the chairmen and vice-chairmen of the RDB and representatives of governmental bodies involved in the regional development policy; the president of the NRBD is the Prime Minister. The contributions for the NFRD are made of the annual state budget appropriations, as a distinct budgetary item. Other internal and international financing resources can be drawn to supply the NFRD.
Before the issuing of the Law on Regional Development, a number of counties located in the same area and having similar socio-economical interests have understood the importance of the co-operation in the development process. It is the case of three counties from the southwestern part of Romania: Arad, Timis and Caras-Severin. They involved their agencies for socio-economical development into several sectoral projects in order to achieve specific programmes.
48
7. F.R. YUGOSLAVIA 7 7.1.Overview
In the last decade of the XXth century, Yugoslavia has been undergoing through a hesitating transition period, both in socio - economic and political terms. Hesitation has many facets, one of the crucial stemming from the strong isolation of Yugoslavia. Nevertheless, the new processes mean changing relations affecting the system of values, the relation to the environment and other spatial aspects. At the same time, the profession of spatial and urban planning, significantly interrelated with the economic and social settings, has been firmly challenged at the internal and external perimeter. The role and the structure of spatial and urban planning in Yugoslavia is defined through relevant planning laws both in Serbia and in Montenegro. Through these laws planning is divided into two categories: spatial and town planning. In this respect, planning agencies are in charge of either spatial or urban planning and in some cases, in major regional centers like Novi Sad, Beograd, Nish, Kragujevac in charge of both kinds of planning.
Since spatial planning is within the scope of republic governments and parliaments, and town planning within the scope of local governments, financing of these plans is either from republic or from municipal budgets or funds. Financing of planning activities is supposed to be based on the annual programs adopted at the beginning of a fiscal year, which means prior consultations with potential structure categories: energy, transportation, regional networks, national parks, historical complexes of high importance, hydro-technical systems, further sectoral spatial planning, and local interests and actions in terms of urban planning. Many different interests (private or state) emerge during the year, thus financial plans for spatial and urban planning have to be adapted or changed accordingly to the list of particular initiatives for incremental planning which, for the time being, is in fact prevailing, both in Serbia and Montenegro.
7 The presentation of Yugoslavia is the work of Prof. Dr Borislav Stojkov (coordinator), Dr Miodrag Vujosevic, Ivana Lazic (research assistant), Vesna Jokic(research assistant) presented in Bucharest ESTIA meeting (24-25 September 1999) with the title ‘The planning situation in Yugoslavia and system of planning agencies.
49 Within the new social context in Serbia and Montenegro, a general tendency towards anti-planning is strongly influenced by political and economic power struggle (6, 1999). Planning does not have an adequate support, but is often undertaken as a formal necessity. In the same period, the adoption of the Spatial Plan of Serbia, the first of its kind, supported by the Spatial Plan Act (1996), was a major event, establishing a basis for a new generation of planning acts on construction, land use control, expropriation, cultural heritage and the environment protection. On the external perimeter, because of the strong isolation, the existing interactions between planners in Serbia and those in Europe and the World are being overturned influencing the spatial plan setting. The suspension of professional relations, previously fostered with former European and USA partners, endangers not only the planning education continuity but also the mutual material and spiritual interactions regarding planning activities and the theory of planning. Consequently, the weakest point of the Spatial plans of Serbia and Montenegro (1997), otherwise thoroughly prepared documents, are the unanticipated and uncoordinated integration with international surroundings on issues such as the interregional economic development, transborder cooperation and the establishment of joint communication and infrastructure networks.
Presently, there are more than 600 000 illegally built houses in Serbia, denoting that illegal construction is a widespread way of solving the problem of housing and small business. This depicts the currently weak position of planning in general and discloses a liberal municipal and state construction policy (7., 1997, pp 3-9). In Serbia, the illegal building phenomenon is manifested through private and state construction initiatives disregarding the building permit. The investors are quite sure that no real reaction will follow their illegal activity or that even some sort of state (municipal) support might be expected from different sources, instead of sanctions. The new law adopted in Serbia in 1997 prepared with the idea to legalise illegal constructions where possible, has unexpectedly produced more initiatives on behalf of illegal constructors. Most of the illegal buildings have a legal electricity- and water supply, a home address, telephone etc., thus acquiring some sort of legal status. The illegal building practice has a strong influence on the development of towns and cities in Serbia but also on the use of the agricultural land in metropolitan zones. Along with this process, the tendency of connecting towns and cities with
50 surrounding villages and farther towns is evident, creating a kind of pseudourban linear construction along the roads. This phenomenon is evident around large cities such as Beograd, Nish, Kragujevac, destroying nearby forests and agricultural land. In this respect, the situation in Montenegro is quite different, with more attention being paid to land use and construction from the local governments and developers side. However, the Adriatic region has been attacked by illegal construction activities.
The information support for the spatial and town planning in Serbia is in the phase of intensive and organized preparation with the Republic Office for Spatial and Town Planning playing a leading role, professionally supported by the Serbian Planning Association and some major planning institutions (8, 1999). Instead of the extensive and unstructured information base, a new approach based on the integral planning methodology and principles of sustainability is to be promoted in defining the spatial planning criteria, indicators and the data base. In this respect, the particular issue of the spatial planning methodology is being emphasized, bearing in mind the serious remnants of the former political system or considerable disparities in the planning practice of some Balkan countries compared with the contemporary European planning methodology. The issue of methodology resulting in an information system for spatial planning purposes is therefore stressed.
In Yugoslavia, the key reasons for urban and regional planning deficiencies, are partly due to the transition process and the market influence, but predominantly to the general political and economic situation (3, pp 120). Nevertheless, the prominent professional experience and education in the domain of spatial and urban planning is a very strong guarantee for its future promotion, presuming a healthier political situation in Yugoslavia and its surroundings in future.
7.2.Administrative context
The territorial - administrative organization of Serbia and Montenegro is principally based on two tiers – the republic and the communes. Serbia has 189 communes (including 16 Belgrade’s municipalities and city municipalities of Novi Sad, Nish, Pristina and Kragujevac), whereas Montenegro has 21 (Statistical yearbook 1996). Besides, Serbia has 29 districts as an extension of the central government with no decision-making or financial power. Therefore, apart from some very specific cases (floods or earthquakes, particular state economic interest, sectoral plans etc.), regional
51 plans are sporadically initiated and decided upon by the republic government. The new planning law in Serbia (1995) even excluded the former spatial planning of communes.
Both republics have their offices within the government structure (ministries). Based on the Planning and Raumordnung Law (1995), the Republic Office for Spatial and Town Planning has been established in Serbia as part of the Ministry of Construction. The Office is engaged in preparing analysis and studies in the field of planning and raumordnung; monitoring phenomena and changes throughout the territory of Serbia, establishing and controlling the spatial planning information system, consulting other agencies on planning issues and following and controlling the implementation of the Spatial Plan of Serbia through relevant programs in the spatial planning domain (The Planning and Raumordnung Law, 1995). The duties of the Office and their realization are under the auspices of the republic government. So far, the Office in Serbia has fairly developed its endeavors by preparing projects for the information system and initiating a set of spatial plans (sectoral, regional, etc.). The Office has between 20 and 25 employees, most of them spatial planners and architects. Spatial planning and spatial plans preparation is concentrated within few institutes and agencies, with Institute Architecture and Urban Planning of Serbia (IAUS) having a leading role. This Institute is engaged in preparing the most significant spatial plans (national plan, sectoral spatial plans, regional plans), and is the only scientific institution in the field of planning in Serbia along with the Faculty of Geography. Furthermore, some planning agencies in large regional centers (Beograd, Nish, Novi Sad, Uzice, Kragujevac), are also engaged in spatial planning.
In correspondence to the above mentioned law, the local government (municipality) is providing for the town planning and urban regulation through the process of instituting a public enterprise (authority, enterprise, agency) (9, pp 135-138). The enterprise founded (or authorized) by a municipality has to monitor its area along with urban and rural settlements, to prepare and to implement urban and rural plans, to take care of planning information and to fulfill other tasks concerning the town planning. The public or authorized enterprise has to have the planning license and to be equipped with a certain set of experts (min 6 high-educated planners or engineers one of them with the license issued by the Ministry).
52 Among 189 communes in Serbia, 50 have already founded and more than 40 have authorized a planning agency, which indicates a serious planning network in terms of quantity. Concerning the quality and the substantial role of these agencies many problems arise, the question of land control and land use strategy being stressed here as major issues.
Until now, only 12% of all communes in Serbia have prepared master plans under transition conditions of development (3., 1998). The rest have strategic plans/programs for socio-economic development burdened with an old ideology of economic growth, socially owned land, housing and communal facilities as social goods etc. Regulatory planning is so far limited to small urban complexes and is incremental in its nature (4. pp 8-10).
The situation in Montenegro is somewhat different. The spatial planning lies within the Republic Office for Planning under the republic government. The scale and quality of engagement is in the initial phase based on the new politics of Montenegro. Montenegro has its Spatial plan (The Spatial Plan of Montenegro, 1997) and a set of ecology and development studies that is satisfying for the time being. The problem is with the monitoring and the implementation system in terms of land use, environment, transportation etc. Serbian experts or agencies have, so far, elaborated the major expertise, which indicates a rather weak professional base regarding spatial planning in Montenegro. The southern Adriatic coast region is considered to be a major spatial planning action area with substantial capacities in terms of ecology, tourism, natural and cultural heritage potentials. The republic government with broad opportunities and qualities has been promoting the idea of Montenegro as an ecological state.
The town planning in Montenegro is entrusted to local governments (21 communities) as part of the municipal bureaucracy. In some cases, private agencies, predominantly from the architecture domain, are engaged in preparing local plans. In more intricate cases, expert agencies or individual experts from Serbia are engaged to prepare master plans or studies in urban or rural planning (e.g. Kotor, Budva, Bar etc). Except for the local governments and their regular engagements in town planning, the rest of the planning activities are rather weak or even non-existing.
53 In Yugoslavia, the two republics regulate the process of spatial and urban plans preparation, as well as the system of planning. Serbia and Montenegro have adopted laws that outline the rights and responsibilities of spatial and urban planning. The basic principle of these laws is the regulation of the Mid-European type, which emphasizes the importance of sustainable development and an environmentally conscious society (theoretically, at least).
In both republics there are two categories of plans, namely:
• Spatial plans: the spatial plan of the Republic (in Serbia regulated by the special act); regional spatial plans; the spatial plans of infrastructural corridors and the spatial plans of specific activities (sectoral spatial plan).
• Urban plans: the general plan of town settlements; the regulatory plan (in Serbia), respectively the detailed plans (in Montenegro) and the urban design plans.
Spatial plans are initiated and adopted by the Republic government, while the initiative for their preparation stems from communes (in case of the regional plans) and various public institutions and enterprises (for infrastructural and sectoral plans).
Urban plans are initiated and adopted by the communes and the City of Belgrade, with the Ministry of Construction issuing the final consent. Both, spatial and urban plans are subjected to public and expert hearings, for a certain period of time. Through such a process, the citizens are offered an opportunity to incite criticism or suggest proposals upon which the Commission for public hearing makes the final decision. This Commission consists of three representatives from the commune, one representative from the Ministry and one from the Association of Planners.
Various public organizations, communal and state agencies and other parties that have an interest in the respective territory, are actively involved in the process of the spatial and urban plans preparation. Plans are prepared by organizations, authorized by the Republic (spatial plans) or the commune (urban plans). They must have a specific professional (expert) structure of the employees with planning experience and posses the license, issued by Ministry of Construction which authorizes them to prepare different types of plans. In Montenegro, private organizations are engaged in the planning process. They procure the right to prepare plans based upon the decision of the Republic or municipality.
54 The regional administrative organization in Serbia is established via 29 districts, consisting of several municipalities. They do not have direct supervision over the planning process itself but act as political coordinators.
Considerably developed professional planning network in Serbia has produced a large number of plans, unfortunately most of them being out-of-date, due to current transition period and ever-changing political circumstances. The situation in Montenegro is slightly different, as a result of the faster privatization and a flexible planning organization. On the basis of the Planning and Raumordnung Law in Serbia (1995), a great effort has been made to regulate the settlements, which are largely disorganized by the uncontrolled urbanization process (refugees) and illegal construction.
The explanation for this unfavorable situation is the weak planning and building inspection with a very restricted authority and a very unconvincing sanction policy, along with a whole range of legal deficiencies, caused by an incomplete law codification. A serious issue in this respect is the inadequate regional jurisdiction. In the late 1970’s, a former type of administrative districts with locally elected government was abolished and all authority was transferred onto communes and the local self-government. The recent constitution changes in Serbia and Montenegro (1991) have assigned a great deal of decision making power to republics, significantly reducing the jurisdiction of communal authorities, while introducing a new form of districts (in Serbia) to perform as an extension of republic governance with its own endowments. Montenegro has local, communal authorities and a central republic governance.
After the adoption of the Spatial Plan of the Republic of Serbia, a lack of the middle tiers with locally elected governments became evident (regional tier). A delimitation was carried out dividing the territory on the so called functional areas, which correspond to European NUTS 2 units standards. In the meantime, the anticipated new local self-governance law, written in several versions, has not yet been adopted, thus holding back the implementation process. A feasible organization of the NUTS 2-NUTS 5 levels is theoretically conceivable, although there is a strong ideological antagonism pro et contra regarding the process of regionalization in Serbia (10, 1997). The solution for this, presumably lies in the clarification of the political situation in Yugoslavia and the ensuing implementation of the Spatial Plan of Serbia.
55
7.3.Types of spatial plans
From the very beginning of the post-socialist/communist period, it has clearly been demonstrated that considerable changes are needed in the existing planning approaches and methods. This is especially relevant for those, earlier prepared development documents, which are characteristic of the "old" planning philosophy/ideology. Namely, during the implementation of these documents, it has been revealed that the so-called "extra-planning" factors exert such an impact, which necessitates both reconsidering the societal role of planning and the format of pertinent documents. Here, the most influential factors are political pluralisation, privatization and broadening of market institutions and mechanisms.
In this paper, a number of related issues are discussed in connection with three sustainable spatial development documents at the national/state level in Serbia and Montenegro. The documents are briefly described, and their relevance vis-a-vis the existing socio-economic circumstances and institutional arrangements are commented upon in the sequel. The paper concludes with few proposals as to how to proceed with regard to the necessary remaking of the documents in question.
1. The Spatial Plan of the Republic of Serbia
(1) The Spatial Plan of the Republic of Serbia (in the sequel: SPRS) was adopted in 1996, almost 30 years since it was decided to prepare it. During that period, the elaboration was occasionally suspended and entered upon again. Although basically representing a document of strategic spatial development ('physical plan') at the national level of governance, the SPRS also 'covers' a number of elements of socio- economic development, as well some elements of strategic environmental policy. Within such a framework, the concept of sustainable development is repeatedly 'visited', at least nominally.
(2) With regard to its content, the SPRS is comprised of 20 sections, which are conventional for such kind of strategic development, properly structured into four large parts, viz.:
(a) Utilization and protection of natural resources.
(b) Population, settlements and industry, public services and regional differentiation.
57 (c) Transport and communication networks.
(d) Tourism, and environmental and cultural heritage protection.
(3) As for the implementation devices, the SPRS seems to have developed, at least nominally, the most ramified set of respective measures and instruments and support (institutional/ organizational, research, information, programs/projects-related, etc.). In addition to this, the concluding propositions stipulate the elaboration of a mid-term program for the realization of the Plan in the period 1997-2000, the year 2010 being its long-term horizon. The Plan also contains a number of cartographic illustrations.
2. The Spatial Plan of the Republic of Montenegro
(1) The Spatial Plan of the Republic of Montenegro (in the sequel: SPRM) was elaborated and passed in the mid 1980s, and recently modified and amended (1997). The SPRM also represents a conventional document of spatial ('physical') planning at the national/state level, with somewhat emphasized ecological ('environmental') aspects. Rather simple cartographic illustrations are also enclosed.
(2) Three broad groups of pertinent issues are comprised of some 15 specific aspects or elements, viz.:
(a) The part on key development directions contains propositions on: basic reference points; and general development directions.
(b) General and specific concepts of spatial organization and use pertains to: demographic trends; polycentric development model and/or regional development; ecosystems; urban structure; development of a number of economic sectors (industry, agriculture, tourism, etc.); spatial distribution of housing; spatial distribution of public infrastructure (education, health, science, etc.); spatial structure and distribution of technical infrastructure (road network, railways, energy, sea transport, air transport, etc.); disposal and treatment of pollutants; protection and management of natural and cultural heritage; seismic and other risk control and management; and defense.
(c) A number of specific guidelines for the implementation of the SPRM are focused on three macro-regions, 14 key development zones and 21 communities and urban centres/municipalities, with respect to: dominant activities; demographic trends; urban centres; employment; and spatio-ecological regime ('land use').
3. The Project "Development Directions of the Montenegro Ecological State"
58 (1) Apparently, this project (in the sequel: MES) represents so far the most ambitious endeavor to conceptualize a strategic document of genuinely integral nature. Namely, its intention was to integrate a number of elements of long term socio-enomic development, on the one hand, and relevant spatio-ecological propositions, on the other. The importance of such an approach has been reiterated on many occasions, keeping in mind the spatio-ecological uniqueness of Montenegro. In that respect, the MES was also to play a role of the 'corrective' devise vis-a-vis the respective documents that had been previously worked out. The research base and subsequent planning/prognostic propositions were presented via a number of interim reports (in the period 1995-7), and a draft of the Final Report was subsequently published in 1997.
(2) The Final Report is comprised of a large number of various diagnostic and planning/prognostic propositions, as well as of numerous other observations. It is structured in seven key parts, covering many specific elements and components, viz.:
(a) The first part deals extensively with the natural conditions of sustainable development.
(b) The second part starts with a short overview of the state of environmental elements, continues with an assessments of the overall resources potentials and their territorial distribution, to conclude with a hypothesis on the likely future environmental problems of Montenegro.
(c) Within the section on the human development potentials, particular attention was paid to: demography; system of settlements; urbanization; ethno-anthropological characteristics; education; health; science and technology; social care and protection; etc.
(d) The part on sustainable development aims comprises a large number of general goals and specific objectives, by: environmental elements/components; areas of natural and cultural heritage; landscape patterns; specific regional areas; economic sectors; and human development sectors.
(e) For a number of social and economic sectors, development options are discussed in more detail, and possible strategies and policies sketched.
(f) A large number of implementation devices and supports are also tackled, e.g.: development management and control; decision-making mechanisms and
59 development conflicts management; eco-management and control; institutional and organizational arrangements; establishing integral geographic and environmental information systems, including an appropriate system of monitoring and indicators; etc.
(g) The concluding part of the Final Report contains a list and a brief description of more than 150 spatio-ecological ('environmental'), economic and social programs and projects.
4. Attained Level of Socio-economic Development, the Existing Spatio-ecological Patterns, and Some Problems of the Applied Planning Approach
(1) The planning approaches applied in the mentioned strategic documents share a common trait, i.e., they are based on the late 1980s model, featuring an idiosyncratic planning 'enthusiasm' and 'optimism', even 'maximalism'. The economic collapse in the beginning of 1990s did not change this dominant methodological 'school', and modest recovery after the introduction of the stabilization and anti-inflation program (in the beginning of 1994) even 'revived' some elements of the early optimism. Undoubtedly, such an optimism is now (March 1999) grossly irrelevant, in the light of the existing situation regarding development chances, possibilities and restrictions. The basic characteristics of the situation in question are listed and briefly commented in the sequel.
(2) At the end of 1990s, Yugoslavia, with its GDP p.c. around USD 1.500, ranked as an under- to mid-developed European country.8 The state of affair seems even worse when estimated over a longer past trend. Namely, the existing area of FRY in only few decades after the II world war evolved from a prewar backward, semi-oriental and agricultural country to an industrial mid-developed and semi-modernized European country. After a period of fast, intense and versatile socio-economic and cultural development, the 1980s witnessed stagnation. At the beginning of 1990s, Yugoslavia was still incompletely modernized and democratized, which was ultimately caused by some inherent structural factors and restraints, most important being here as follows:
8 N.B.: An additional comment at the time when this report is being delivered (the end of May 1999). According to authoritative economists, the BDP p.c. is likely to be halved in 1999, as a result of the NATO bombardment of FR Yugoslavia.
60 (a) The shortcomings of dominant monistic (socialist/communist) ideological and political model.
(b) Unmotivated individuals and societal groups with regard to promoting their own interests, in the system where the so-called 'social property' was dominant, and the market mechanisms and institutions only rudimentary developed.
(c) The fact that economic growth had been to a great extent financed from foreign sources during the whole period till 1990s, and thus never able to generate more abundant internal sources.
(d) National antagonisms played a decisive role, and the country was ultimately dismantled at the end of this period, with no real effort of the international community to stop such disintegration.
(3) As a result of the war in its neighborhood, and even more as a result of the international political and economic sanctions towards FR Yugoslavia, the country experienced an overall deep crisis and collapse. Albeit, during the period 1995-9 the situation has been only slightly improved, the level of development at the end of 1990s is considerably lower that it was at the beginning of this decade, measured by almost all socioeconomic and spatio-ecological indicators, viz.: BDP p.c.; investment level; economic structure; life expectancy; education level; health protection; social care; spatial distribution of population and activities (i.e., index of polarization); environmental services; relatively high level of environmental degradation vis-à-vis attained level of economic development; energy coefficient; etc. To sum up, the economy has been crippled and inflicted economic damages are enormous, but even more has been so with the overall society, as the war and an ostracism of the international community towards FR Yugoslavia have been adding to some retrogressive trends in the society, viz.: political, property and market reforms have been suspended; some development potentials, in the first place the 'memory' and the 'collective learning' of earlier reform experiences, have been dissipated rapidly; the isolation conjured up the retrograde neo-traditionalism, conservatism, the widespread authoritarianism and the ambivalent and/or inconsistent stance towards liberal and emancipatory patterns of social life; etc. Yet, there exist three problems of the utmost complexity, and they are likely to determine the 'maneuvering space' for planning in the decades to come. All three problems are relevant both from socioeconomic and
61 spatio-ecological standpoint, notwithstanding that within each of them these particular aspects (i.e., social, economic, spatial and ecological) are not of equal importance. The problems in question are, in turn: inappropriate sectorial structure of the economy; extremely high level of unemployment; and an enormous number of refugees.
(a) In the economy, the so-called 'capital intensive' activities (energy sector, chemical industry, steel industry, aluminium industry, etc.) dominate within its structure. They are at the same time nature resources consuming, energy spending, and ecologically intrusive. During the whole past period, they have already caused many environmental damages, which will be expensive and burdensome to remove ('cure'). Furthermore, the gross of these activities has never been rigorously monitored and audited in terms of their respective environmental impacts and spatial consequences - which must have been producing a 'false picture' about their real profitability. Namely, there has never been established a precise, systematic and complete evidence of the externalities ('pros' and 'cons', in the broader socio-political context) caused by these sectors of the economy. Such a situation will certainly prove unsustainable in the period to come, which will plausibly be marked by the privatization and marketisation. Additionally, introducing more rigorous ecological principles into the overall development management, e.g., 'precautionary principle', 'users/consumers pay principle', 'taxing the ecologically intrusive activities at progressive rates', etc., would make the urge of restructuring these activities even more imminent, but it would also make the problem of spreading the costs of restructuration more complicated. Unfortunately, economic structure has even been worsened in recent years, as the share of energy and agricultural sectors in total economy was growing (with some minor oscillations), from the introduction of international sanctions towards FR Yugoslavia.
(b) To some estimates, the rate of unemployment has effectively reached around 50%, which is the problem by itself, and more so emphasized in the context where the privatization and marketisation are likely to enlarge the scope of unemployment, at least over a short time period. This brings the issue of social policy to the forefront, and necessitates radically new planning approaches in order to embark upon solving at least some part of the overall socio-economic burden.
(c) As a result of the disintegration of SFR Yugoslavia and the subsequent war, an enormous number of refugees, mostly Serbs, fled from the ex-Yugoslav republics to the FR Yugoslavia. Although estimates vary, from 430.000 to more than 1.000.000
62 people, all commentators agree that many of them, probably more than 500.000, will permanently settle in Serbia and Montenegro. Accordingly, the refugee problem becomes a long-term and hardly solvable issue, in terms of their productive engagement, social care and housing settling. However, most of the refugees are mobile in spatial terms, which enlarges the 'maneuvering space' for new planning approaches. This is also likely to substantially transform the spatio-demographic structure of Yugoslavia, as the phenomenon of the so-called 'anthropo-pressure' will certainly manifest itself via new spatial and ecological patterns.
(4) To conclude, the overall socio-economic and spatio-ecological framework for various planning interventions seems to be considerably different from that which was taken for granted during the preparation the mentioned planning documents, i.e., the SPRS, SPRM and MES. The task ahead is to re-introduce societal (social, political, economic and cultural) modernization and emancipation, now grossly suspended, to become the key issue of spatial development planning and other forms of planning as well. In this context, the pivotal factors that are likely to determine the possibilities and constraints for planning actions read as follows: the low level of societal development; a vast pauperization of the population; and the strong conflicts among the dominant interest groups regarding the 'apportionment of the cake'. Namely, under the present conditions it will be very difficult to accomplish a broad societal consensus on what the basic development problems are which are the objectives in their achievement, and what are acceptable means in this regard. The austerity and deprivation are to mark even a longer future period, and the planning instruments should consequently be harmonized with the factors that are likely to decisively influence the future processes. The attainment of a societal agreement is now impeded as a consequence of a large number of often antagonistic sociopolitical and economic conflicts, manifested in many spheres and at all levels, viz.: between ethnic groups; employed and unemployed; rich and poor; educated and uneducated; young and old; rural and urban population; majority and minority groups; natives and newcomers; etc. The principal issue now is to form a political and expert arena and to initiate a debate/rational discourse on these topics.
63 7.4.Emerging trends
(1) Each of the planning documents discussed is comprised of some few hundred propositions of various nature, e.g.: analytical and diagnostic assessments; general and specific objectives; various planning conceptions (prognoses, projections, prospectives/perspectives, forecasts etc.); and numerous general and specific propositions on the implementation of development goals and objectives. They are also 'eclectic', inasmuch as the respective propositions bear an obvious imprint of different theoretical and general methodological planning approaches/models, viz.: 'initiatory planning'; 'policy planning'; 'utopian planning - future thought'; 'adaptive planning'; 'development planning'; 'indicative planning'; etc. Summarily, they are too comprehensive, covering too much and at the same time considerably less than needed. Specifics of this are briefly listed in the sequel.
(2) Within all three documents, the concept of sustainable development has been mentioned repeatedly, at least nominally designating the keystone of the respective development concepts. However, it became obvious, as early as in the first phase of implementation, that nominal designation of this notion is not sufficient. Contrary to the widespread 'rhetoric' consensus on general principles of sustainability that apparently existed during the preparation and public debate on the respective documents, arguments over the real contents of the concept were running in the political and expert arenas over last two or three years. Thus, it has been acknowledged that a 'complete' conception of sustainable development is actually needed, specified and operationalised according to the historico-geographical 'fixities' of Serbia and Montenegro, and in harmony with the recent socio-economic trends. Such a concept should be 'developed' in all dimensions/aspects of sustainability, i.e., social, economic, political, and spatio-ecological. To this end, two groups of criteria should urgently be worked out: first, those pertaining to the sustainable development indicators; and secondly, those pertaining to the so-called spatio-ecological capacity and thresholds. Without such relevant concepts developed, the notion on sustainability would be an 'empty shell', worn out of any real socio-political meaning.
(3) As it has already been pointed to, each document is comprised of several hundred various propositions. Estimated against the available 'planning support systems' - institutional, research, information, etc. - these propositions are, simply, non- implementable, as they are undoubtedly non-manageable and non-controllable. In
64 addition to this, the existing resources make such a tremendous number of various aims, goals, objectives and targets un-implementable too, as the conceived implementation would necessitate some few dozen billions USD. Consequently, the pertinent priorities should be worked out as soon as possible, to the make the propositions in question more easily scrutinized. Such an activity should continue alongside with the searching for a planning mechanism, which is compatible with the dominant processes in the society, namely, political pluralisation/democratization, privatization and marketisation.
(4) Finally, it has been clearly shown that a closer cooperation is needed with the preparation of 'conventional' documents of socio-economic development. Namely, after its collapse at the end of 1980s, the system of socio-economic development planning has not recuperated as yet. What can now be seen at the planning 'scene' is an apart and almost bizarre conglomerate of elements of the so-called 'pseudo-planning', stemming from several theoretical and general methodological models, viz.: (i) The dominant planning mode is crisis-management. (ii) Some segments of the planing cluster have occasionally been supporting the processes of privatization and resources and assets (re)distribution, and that of the market functioning. (iii) There is also a slow and difficult move, yet in statu nascendi, towards the process of reconstituting planning as a mechanism for initiating a complex societal transformation, in parallel with the strengthening of the market mechanism and institutions, and the process of privatization. However, the existing situation regarding planning could summarily be sketched as a provisory, implying that a considerably stronger planning tools are needed, yet more selective at same time, to demonstrate that planning is still a legitimate societal mechanism, i.e., that it is relevant for solving a specific class of the key development problems. The existing experience and education in spatial and urban planning seem to guarantee promising futures for planning, provided better political situation in Yugoslavia and its surroundings happens in some reasonable time period.
65 PART II: DIRECTORY OF SPATIAL PLANNING AGENCIES
66 8. Albania: Main Spatial Planning Agencies
8.1.Overview
The Ministry of Public Works and Transport (MPWT) 9 is appointed and responsible for the implementation of governmental policies in territorial and urban planning field. The Directory of Territorial Planning in this ministry follows and/or draw legal acts together with other legal documents in field of urban planning, covers the role of the Secretary of the Territory Regulatory Council of the Republic of Albania, draw program and funds for the districts and municipalities for studies, projects and for technical assistance.
The National Planning Institute (NPI) is the only institution at the national level, under the MPWT, that operates in the field of Spatial Planning.In MPWT other directories (In and in dependence of the Ministry) coordinate the studies and funds of principal sectors of infrastructure and public services.Also, out of MPWT, several institutions under the administration of Central Government or the Academy of Sciences cover important sectors. All the above-mentioned organisms are financed by the budget of the central government.
At local level Councils of Municipality and Commune have under their competencies the preparation of programs for the draw of regional plans, general regulatory plans, master plans of territorial development, detailed urban studies, etc. Local governments have under their administration the District Planning Departments, Municipality Planning Departments for the 1-st category cities and other Municipality and Commune Planning Office, which realize and coordinate urban studies within their administrative territories. These organisms are financed by the budget of the local government.
The third group of development agencies comprises other study institutions, foundations, non governmental organizations (NGO-s) and private sector which prepare sector studies in fields of protection of environment, economic development, water treatment, etc. In general they are public or private organisms being financed by different sources like funds for development, donations, private funds, etc.
9 By the November 1999, The Ministry of Public Work and Transport is divided in the Ministry of Public Work and the Ministry of Transport.
67 8.2. List of agencies
A. Spatial Planning Agencies at Governmental Level
1. Council of Ministers
• Territory Regulatory Council of the Republic of Albania
2. Ministry of Public Work and Transport
In Ministry
• Directory of Territorial Planning
• Directory of Transport Development
• Directory of Maritime Transportation Development
• Secretariat of National Council of Water
• The Committee of Big Dams
Depending on the Ministry
• National Planning Institute
• Institute of Transport Studies
• General Directory of Roads
• General Directory of Water Supply
• National Agency of Water
3. Ministry of Agriculture and Food
In Ministry
• Directory of Lands
• Directory of Agriculture and Food
Depending on the Ministry
• Institute of Lands Studies
• Institute of Forestry
• Central Office of Real-Estate Registration
4. Ministry of Public Economy and Privatization
68 In Ministry
• Albanian Electroenergetical Corporation
• Institute of Mining and Processing Technology
• Albanian Geological Service
• Albanian Telecom
5. Ministry of Culture, Youth and Sports
• Institute of Cultural Monuments
• Archeological Research Center
6. Academy of Science
• Geographic Studies Center
7. National Agency of Environment
8. Committee of Tourism Development
B. Spatial Planning Agency in the Local Level
• Territory Regulatory Council
• Regional Territorial Planning Departments (36)
• General Planning Directory of Tirana.
• Municipality Planning Departments of the 1-st Category Cities (13)
• Other Municipality Planning Offices (23)
• Commune Planning Offices (309)
C. Private Agencies, NGO, Foundations
Some Private Agencies, NGO, Foundations for the environmental, economical, social, and infrastructural studies such as:
• Albanian Development Fond
• Environmental Center of Administration and Technology.
• Albanian Center of Economic Studies, etc.
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9. Bulgaria: Main Spatial Planning Agencies
9.1.Overview
The importance of such organisations as the Spatial Planning Agencies (SPA) is self- understanding and has no need of substantiation. The concept of “planning” in Bulgarian rationalistic is of course no longer associated with the performance of some preliminary fixed obligatory quantitative parameters. It is first of all understood as a regulation mechanism for control of the regional processes. A number of organisations and units for spatial planning have been created and are functioning in the Republic of Bulgaria. These organisations could be provisionally named agencies, although a great part of them are not such units in the true sense of the word. They all could be classified in several groups.
At a national level these are several ministries with expressed regional capacities and some structural units in the country. The following institutional authorities belong to this group: the Ministry of Regional Development and Public Works, the Ministry of Environment and Waters with its 17 regional inspectorates, the Ministry of Agriculture, Forestry and Agrarian Reform with its 262 municipal landowner commissions. These are ministries, which form and implement the policy of the Government in the range of their scope and competence. They are also responsible for the synchronizing of the Bulgarian legislation with the European legislation in the field of regional development, protection of environment and agrarian relationships, respectively.
The 28 district administrations as structures appointed by the Government also solve important to a certain degree problems of regional development and planning. The municipal councils, the district mayors and the mayors of the settlements represent the authorities of the local self-government, since they are directly elected by the population for a 4-year mandate.
The second main group includes scientific, scientific-design&project and design&project institutions as the Institute of Geography of the Bulgarian Academy of Sciences (BAS), the National Centre for Regional Development and Housing Policy (affiliated to the Ministry of Regional Development and Public Works), the
70 GLAVPROEKT Institute, the SOFPROEKT municipal organisation of the capital municipality, the regional design&project organisations in Plovdiv and Varna, etc. The Institute of Geography is the only academic institution treating regional problems from the very beginning of its founding 50 years ago till now. The institute investigates the Bulgarian geographic space and the processes occurring in it from a complex, sector and regional viewpoint. Concepts, schemes, etc., for the development of the country, regions and settlements are being developed in it.
The National Centre for Regional Development and Housing Policy (affiliated to the Ministry of Regional Development and Public Works) represents an important scientific-design&project organisation, investigating the territorial processes in the country for the purposes of the government. It prepares also the basic documents of the Government in this field in accordance with the basic concepts of the European Chart for territorial arrangement accepted on May 20th 1983 in Teromolinos (Spain). The priority tasks of the centre fall within the following areas: regional and local self- government, sustainable regional development and town-planning, regional governmental strategies, transborder co-operation and others.
The third group of specialised units represents in fact the Agencies for Spatial Planning and Development themselves. This group is of great importance since it includes associations and organisations of the municipalities, where the local self- government is realised, that means that they are most close to the territory and to the problems of the population, protection of environment, etc. The most representative organisation of this group is the National Association of the Municipalities in the Republic of Bulgaria, founded at the end of 1996 by representatives from 94 municipalities. In the beginning of 1999 the number of its member municipalities is already 224. The association is a volunteer organisation of the municipalities for presenting and protecting their interests before the Parliament, the President and the Government, as well as, before other authorities related to the problems of the local self-government and regional development. The association and the other municipal regional agencies were created on the basis of Article 9 of the Law for the Local Self- government and Local Administration. The Association is also a member of the Council of the European Municipalities and Regions since December 1997. Except this association, there are also other municipal associations (agencies) in the country.
71 In conclusion, it should be noted that the mentioned groups of agencies for regional planning and sustainable development will contribute to the rational use of the natural, demographic and other resources of the country as a whole, as well as, of its regions themselves.
9.2. List of agencies
1. Ministry of the Regional Development and Public Works
2. National Centre for Territorial Development and Housing Policy
3. Ministry of Environment and Waters
4. District Governments - 28
5. Municipal Administrations - 262
6. Agencies for Regional Development - 19
7. Project Enterprise "Galvproekt"
8. Municipal Enterprise "Sofproekt"
9. Institute of Geography of the Bulgarian Academy of Sciences
10.Project Organizations - Plovdiv and Varna
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10. Greece: Main Spatial Planning Agencies 10.1. Overview
At the central level, the main institution empowered with the formulation and the implementation of the spatial planning policy is the Ministry for the Environment, Spatial Planning and Public Works (YPEHODE). This Ministry was created in 1985 out of an amalgamation in a single Ministry of the former Ministry for Public Works and the Ministry for Planning, Housing and the Environment. The new Ministry is responsible for the elaboration, the approval and the implementation of urban plans, as well as for the elaboration, the care for approval and the implementation of regional and special territorial spatial plans, known in Greek as "chorotaxika schedia". The responsibility for national spatial plans is being shared with the Ministry of National Economy, which controls regional development policy and the system of regional development incentives. Other ministries, responsible for sectors as industry, tourism, agriculture, transport and energy, intervene also in the formulation and implementation of spatial planning policy especially in the field of sectoral spatial plans.
Regional and local authorities are entrusted with planning responsibilities concerned mainly with the elaboration, the approval, the amendment, the revision and the monitoring and control of different types of town plans and zones. These responsibilities are mainly shared among the regional authorities and the prefectural local authorities, while the first-tier local authorities, that is Municipalities and Communes, have rather limited competencies in the field of spatial planning. Their responsibilities are concerned mainly with the delivery of building permits and other licenses and the implementation of the town plans.
Besides regional and local authorities, a great number of government agencies and public sector organizations intervene in the spatial planning process, especially at the implementation stage. Among them, we should mention the “Athens Organization” and the “Thessaloniki Organization”, respectively responsible for the implementation and the monitoring of the Master Plans of Athens and Thessaloniki.
73 10.2. List of the main spatial planning agencies in Greece
Α. M I N I S T R I E S A N D G O V E R N M E N T A L S E R V I C E S
• Ministry for the Environment, Spatial Planning and Public Works
• Ministry of Agriculture, General Directorate of Agricultural Applications and Research, Directorate of Spatial Planning and Environmental Protection, Division of Spatial Planning
• Regional Authorities - 13
Example case: Region of Central Macedonia, Directorate of Environment and Spatial Planning of Central Macedonia
Β. L E G A L E N T I T I E S O F T H E G R E A T E R P U B L I C S E C T O R (Ν Π Δ Δ ή Ν Π Ι Δ)
• Organisation of Regulatory Planning and Environmental Protection of Athens
• Organisation of Regulatory Planning and Environmental Protection of Thessaloniki
• Organisation for Cadastral Mapping and Cartography of Greece (ΟΚΧΕ)
• Public Company for Urban-Planning and Housing S.A. (ΔΕΠΟΣ)
Γ. L O C A L A U T H O R I T I E S
• Second tier Local Authorities – 54 Prefectures
Example case: Prefectural Government of Thessaloniki, Directorate of Urban Planning
• First tier Local Authorities – 900 Municipalities and 133 Communes
Example case: Municipality of Thermi
74 11. FYR Macedonia: Main Spatial Planning Agencies
11.1. Overview of main agencies
• PUBLIC ENTERPRISE FOR PHYSICAL AND URBAN PLANS
The Government in accordance with the Law on Spatial and Urban Planning established it in 1996. The Public Enterprise elaborates Spatial and Urban Plans in the R. of Macedonia. The activities of this institution are including: Elaboration of Spatial and Urban Plans; Professional analyses, studies and information in the field of Planning; Monitoring and control of the Plans’ implementation; Production of regulations, scales of norms and standards for Planning; Creating of building conditions for investment - technical projects and reports.
The organization of the professional activities is divided in 4 departments:
- Department for studies and Development
- Department for Spatial Planning
- Department for Urban Planning which is comprised of 7 Regional units (in Skopje, Ohrid, Bitola, Kumanovo, Stip, Kocani, Gostivar)
- Department for Information System
The Public Enterprise takes a central position in the Spatial and Urban Planning and plays the main role in the elaboration of the Plans in the State. In case of need, especially for Plans of higher level, for the elaboration of separate segments it involves scientific institutions, specialized organizations and experts who work as a multidisciplinary team. The priority Projects in the near future are the Spatial Plans of:
- the Corridors of highways infrastructure
- the Corridor of the river Vardar
- Transbordary Regions
- Tourist Regions
- Regions for accumulation of water supply
- Regions for exploitation of minerals
75 - Larger protected zones rich in Natural and Cultural Heritage
• AGENCY FOR RECOVERY AND DEVELOPMENT
With the Act No. 23-2968/1 of the Government of R. of Macedonia, the Agency for Recovery and Development was founded with its Head office in Skopje. The area of the Agency’s activities is the Republic of Macedonia. The scope of work of the Agency for Recovery and Development includes the following:
- Negotiates and prepares projects that will be proposed to the Government of the R. of Macedonia
- Collaborates with the enterprises and participates in the realization of projects previously accepted by the Government
- Follows the realization of the accepted projects
- Establishes contacts, maintaining relations and cooperating with the potential foreign investors
• AGENCY FOR REGIONS WITH INSUFFICIENT ECONOMIC DEVELOPMENT
This Agency works in the frame of the Ministry of Development. The area of its activities is the R. of Macedonia .The main activities are:
- Provides evaluation and finances for Investment programmes of the Infrastructure, participating with 50% of the total Budget of the Project
- Regresses the interest rates of loans for Programmes realized in certain underdeveloped areas
- Allows Grants for new employments
- Provides funds for training
- Participates with a permanent deposit in some enterprises
- Controls the usage of funds
76 12. Romania: Main Spatial Planning Agencies
12.1 Overview
The Ministry of Public Works and Territorial Planning is the most important institution having competence in this field as it follows:
- as a body of central public administration, M.P.W.T.P. applies the development strategy and the Central Government policy in the field of spatial planning, town planning, public works and building, considering at the same time the local autonomy.
- M.P.W.T.P. manages the drawing-up of the National Physical Development Plan, checks the observance of its provisions after approval. According to the law, M.P.W.T.P. gives written advice on spatial development plans at zonal, county or Bucharest Municipality level, as well as General Urban Plans for other municipalities and spas, issues expert approvals for national interest objectives.
- M.P.W.T.P. starts draws up or approves projects of normative acts for its fields of activity, ensuring, at the same time, their substantiation.
The Ministry of Transports, the Ministry of Waters, Forests and Environment Protection, the Ministry of Agriculture and Food and the Ministry of Culture include departments in whose competence area are also comprised sectoral issues of spatial development in respect to the field of each Ministry. These Departments draw up sectoral strategies, coordinate programs which also include issues of spatial development, take part in the processing of laws regarding this field. According to the law, they approve the parts regarding their domain from the categories of urban and spatial development plans approved by M.P.W.T.P. too. These Departments and implicitly the Ministries where they operate are financed by the state budget but they can also get other kinds of funds to perform some programs.
National Agency for Regional Development founded with a view to promoting and coordinating the regional development policy acts as an executive body of the National Board for Regional Development. The financing of the organizational and functioning expenditures for the National Agency for Regional Development are provided by the National Fund for Regional Development, their level being approved
77 by Central Government Decision at the proposal from the National Board for Regional Development.
Public agencies with major role in spatial development
In this category we group scientific and research agencies that are subordinated either to some Ministries, or to the Romanian Academy. In this category we can include: the National Institute for Research and Development in Urban and Spatial Planning- URBANPROIECT, the National Commission for Historical Monuments and the Institute of Geography. The role of these agencies is to formulate strategies in the field of urban and spatial development planning, to draw up plans and maps at national level, to identify monuments and to set out natural and built-up protected areas of national and extraordinary importance. These agencies can also propose and give advice in law drafts influencing the spatial development. Public, private or other funds can finance the agencies.
Regional and county (local) Development Agencies
• There is one regional development agency for each of the eight development regions in Romania. The Agencies for Regional Development are non- governmental, non-profit, public utility legal entities that act on the field specific to regional development. These are organized and operate under the terms of the Law of regional development and of their own organization and functioning statute, approved by the Council for regional development, on the basis of a framework statute adopted by Government Decision. The financing of organizational and operational expenditures of the Agency for Regional Development are provided by the Regional Development Fund, the appropriate amounts being approved by the Regional Development Board.
• The General Directorate for Territorial and Urban Planning and Investments acts within every County Council. It has activities in the field of territorial and urban planning and investments in public works:
- It starts and approves the drawing up of the County Physical Development Plan;
- It guides and co-ordinates the physical development within the county territory;
78 - Approves the investments others than dwellings and the ones located within protected areas.
Private agencies operating at the regional level
These major planning bodies issue the following works categories:
- urban and spatial development plans and studies at town, county, inter-county and regional level ;
- evaluating studies for the touristic potential of a certain area ;
- planning of water management;
- studies for rehabilitating the natural and cultural heritage at regional level ;
- dwelling and socio-cultural projects, town infrastructure network, consulting services, expert examination etc.
- topographical survey, cadastral plans.
Examples of such agencies: URBIS’90, PROJECT CRAIOVA, PROJECT CLUJ, HABITAT IASI, IPROTIM TIMISOARA.
Private, public or other funds finance them.
Private agencies operating at lower levels (local, county)
They have the same profile as the ones mentioned above, their projects having a smaller span, being restricted to the local, county or inter-county level.
Non-Governmental organizations
Under this heading we can mention: the Romanian Professional Urban Planners Association, which promotes the status of professional in the urban and spatial development field. This association assumes an active role in creating the harmony between public and private interests in the above-mentioned fields. It also provides the cooperation with similar professional agencies in Romania and abroad. The Romanian Professional Urban Planners Association takes part in the process of drawing up the specific legal rules as well as in the process of setting up the legal and institutional framework necessary for practicing the profession of urban planner.
12.2. List of main spatial planning agencies in Romania
A. SPATIAL PLANNING AGENCIES AT GOVERNMENTAL LEVEL
79 § Ministry of Public Works and Territorial Planning
§ Ministry of Agriculture and Food - General Directorate of Rural Development
§ National Agency for Regional Development
B. PUBLIC AGENCIES WITH MAJOR ROLE IN SPATIAL DEVELOPMENT
§ National Institute for Research and Development in Urban and Spatial Planning – URBANPROIECT
§ The Institute of Geography
§ National Commission for Historical Monuments
C. REGIONAL AND COUNTY (LOCAL) DEVELOPMENT AGENCIES
§ Agency for Regional Development
§ General Directorate for Territorial and Urban Planning and Investments
D. STUDIES AND DESIGN PRIVATE AGENCIES WITH IMPACT AT REGIONAL LEVEL
§ Planning Company PROIECT CRAIOVA - Joint Stock Company
§ Institutul Proiect Cluj S.A.
§ Planning Company HABITAT-PROIECT IASI - Joint Stock Company
§ Planning Company IPROTIM - Joint Stock Company
§ Town-planning workshop, URBIS ‘90
E. STUDIES AND DESIGN PRIVATE AGENCIES WITH IMPACT AT COUNTY AND INTER-COUNTY LEVEL
§ S.C. PROIECT BIHOR S.A.
§ Bistrita - Nasaud County Council, the Self governing Design Agency Ltd, Bistrita
§ PROIECT DAMBOVITA COMPANY
§ Planning Company SIGMA PROIECT S.A. Satu Mare
§ S.C. URBANA S.A.
F. PUBLIC AGENCIES MEANT FOR ECONOMIC DEVELOPMENT
80 § Promotion and Development Agency - Arad County Council
G. NON-GOVERNMENTAL ORGANISATIONS
§ Professional Association of Town-Planners in Romania
In conclusion we might say that the network of the agencies involved in the spatial development is rather diversified. They can include from about 10 to 120 employees; they are public or private institutions, their object of activity is the coordination, research or design and their financing comes in various ways from a wide category of funds; an exception is the National Commission for Historical Monuments that does not have its own budget.
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13. Yugoslavia: Main Spatial Planning Agencies
13.1 Overview
Based on Planning and Raumordnung Law (1995) the Republic Office for Spatial and Town Planning has been established in Serbia as a part of the Ministry of Construction. The Office is engaged in preparing analysis and studies in the field of planning and raumordnung; monitoring phenomena and changes in the territory of Serbia; establishing and controlling the spatial planning information system; consulting other agencies on planning issues; following and controlling the implementation of the Spatial Plan of Serbia through relevant programs in the spatial planning domain (The Planning and Raumordnung Law, 1995). Duties of the Office and their realization are under the auspices of the republic government. So far, the Office in Serbia has fairly developed its endeavors by preparing projects for the information system and initiating a set of spatial plans (sectoral, regional, etc.).
The Office has between 20 and 25 employees, most of them spatial planners and architects. Spatial planning and spatial plans preparation is concentrated within a few institutes and agencies, with Institute of Planning and Architecture of Serbia (IAUS) having a leading role. This Institute is engaged in preparing the most significant spatial plans (national plan, sectoral spatial plans, regional plans), and is the only scientific institution in the field of planning in Serbia along with the Faculty of Geography. Furthermore, some planning agencies in big regional centers (Beograd, Nish, Novi Sad, Uzice, Kragujevac), are also engaged in spatial planning.
According to the same law, local government (municipality) is providing town planning and urban regulation through the process of establishing a public enterprise (authority, enterprise, agency). The enterprise founded (or authorized) by a municipality has to monitor its area along with urban and rural settlements, to prepare and to implement urban and rural plans, to take care of planning information and to do other business concerning town planning. The public or authorized enterprise has to have the planning license and to be equipped by certain set of experts (min 6 high- educated planners or engineers one of them with license issued by Ministry).
82 Among 189 communes in Serbia, 50 have founded and more than 40 have authorized planning agency, which indicates a serious planning network in terms of quantity. Concerning the quality and substantial role of these agencies many problems arise with the major question of land control and strategy of land use.
The situation in Montenegro is different. Spatial planning is under Republic Office for Planning within the republic government. The scale and quality of engagement is in the phase of development based on the new politics of Montenegro. Montenegro has its Spatial plan (The Spatial Plan of Montenegro, 1997) and a set of ecology and development studies that is satisfying for the time being. Problem is with monitoring and the implementation system in terms of land use, environment, transportation etc. Serbian experts or agencies have so far elaborated the major expertise, which indicates a rather weak professional base in spatial planning in Montenegro. The highlight zone for spatial planning is Southern Adriatic coast region with its capacities in terms of ecology, tourism, natural and cultural heritage etc. The republic government with many opportunities and open qualities has promoted the idea of Montenegro as an ecological land as well.
Town planning in Montenegro is within local governments (21 communes) as a part of municipal bureaucracy. In some cases, private agencies, dealing with architecture, are engaged in preparing local plans. In the more serious cases expert agencies or expert individuals from Serbia are engaged to prepare some master plan or some study in urban or rural planning (Kotor, Budva, Bar etc). Except for local governments and their regular engagements in town planning, the rest of planning is rather weak or even non- existing.
13.2 List of main spatial planning agencies
(With the license for spatial and urban planning)
1. Institute of Architecture and Regional & Urban Planning of Serbia ("IAUS"), Beograd 11000 BEOGRAD, Bulevar revolucije 73/II 2. Urban Planning Agency of Vojvodina, Novi Sad 21000 NOVI SAD, Zeleznicka 6 3. Urban Planning Agency of Nis 18000 NIS, 7. jula 6 4. Urban Planning and Construction Authority of Kragujevac 34000 KRAGUJEVAC, Kralja Petra Prvog 23/II 5. Urban Planning Agency of Beograd
83 11000 BEOGRAD, Palmoticeva 30 6. "Urbanizam" - Urban Planning Agency of Novi Sad 21000 NOVI SAD, Bulevar Cara Lazara 3 7. Urban Planning and Construction Agency of Pancevo 26000 PANCEVO, Karadjordjeva 6 8. "Juginus", Beograd 11000 BEOGRAD, Andricev trg 2/II 9. Centre of Urban Development and Planning ("CEP"), Beograd 11000 BEOGRAD, Zahumska 34 10. "Energoprojekt Holding", Beograd 11070 NOVI BEOGRAD, Bulevar Mihala Pupina 12 11. Faculty of Geography, Universityof Belgrade 11000 BEOGAD, Studentski trg 3/III 12. Faculty of Architecture, University of Belgrade 11000 BEOGRAD, Bulevar revolucije 73/II 13. Republican Agency for Spatial and Urban Planning of Montenegro 81000 PODGORICA, Bulevar revolucije 2
(With the license for urban planning only)
1. "7. juli" - Urban Planning Agency of Kikinda 23300 KIKINDA, Trg srpskih dobrovoljaca 11 2. Urban Planning Agency of Subotica 24000 SUBOTICA, Trg republike 16 3. "Plan", Sabac 15000 SABAC, Koste Abrasevica 10 4. Urban Planning and Urban Design Agency of Pristina 38000 PRISTINA, Beogradska 35 5. "Urbanizam" - Urban Planning Agency of Sombor 25000 SOMBOR, Venac Radomira Putnika 18 6. Urban Planning and Construction Authority of Krusevac 37000 KRUSEVAC, Kosanciceva 5 7. Urban Planning Authority of Kraljevo 36000 KRALJEVO, Cara Lazara 44/III 8. Urban Planning Agency of Leskovac 16000 LESKOVAC, Dom privrede/6 9. "Prostor", Zajecar 19000 ZAJECAR, Dositejeva 1 10. Urban Planning Authority of Zrenjani 23000 ZRENJANIN, teplicka 4
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