a survey of bulgarian planning and regulation acts and documents concerning urban sprawl
TRANSCRIPT
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ULGARIAN(NATIONAL)PLANNING ANDREGULATION ACTS ANDDOCUMENTS CONCERNINGUR AN SPRAWL
Peter Nikolov Varna ree
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INTRODUCTION
Defining the Urban Sprawl
Widely known as unplanned and uncontrolled urban
expansion
The physical pattern of low-density expansion oflarge urban areas, under market conditions, mainly
into the surrounding agricultural areas
(EEA report, !!"#
$ccurs when the rate of land-use con%ersion exceeds
the rate of population growth
RESPAG #$%&
&ulgarian planning and regulation acts and documents concerning urban sprawl' eter )ikolo%,*arna +ree ni%ersi
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&ulgarian planning and regulation acts and documents concerning urban sprawl' eter )ikolo%,*arna +ree ni%ersi
INTRODUCTION
4 mainstream groups
st- sing the land according to its originally designated
purpose.nd- Agricultural land use change for construction unrelated
to initial land use.
/rd- sing non-urban territories to the needs of
infrastructure - technical, areal, ground and underground.
0th- sing the land for 1enewable Energy 2ources (1E2#
industry - solar and wind farms, etc
RESPAG #$%&
Developers and non-urbanied territories
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&ulgarian planning and regulation acts and documents concerning urban sprawl' eter )ikolo%,*arna +ree ni%ersi
INTRODUCTION
Developers and non-urbanied territories
RESPAG #$%&
0thgroup acti%ities re3uire a larger area of agricultural land,
but does not deal with urban sprawl'
The second and the third group acti%ities to %arying extent
contribute to creating conditions for sprawling'
They come as a result of %arious factors, terms and
conditions' 2ome of them became the dri%ing force behind
an uncontrolled and illegal urban de%elopment'
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4ain dri%ers of current urban sprawl in Europe'with focus on the regulatory framework '
RESPAG #$%&
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&ulgarian planning and regulation acts and documents concerning urban sprawl' eter )ikolo%,*arna +ree
ni%ersit
INTRODUCTION
In!reased Urbaniation"De!reased #opulation
RESPAG #$%&
The increase of
urbani5ation, based on the
agricultural land con%ersion
and causing soil sealing, is
considerably slower in
&ulgaria than in rest of the
Europe' At the same time
the total number of
&ulgarian population much
faster decreases'
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INTRODUCTION
In!reased Urbaniation " #la!es of interest
RESPAG #$%&
The process of urbani5ation is most conspicuous in the
agglomeration of the capital city of 2ofia, the littoral areas
and seaside resorts, and mountain settlements'
The percentage of construction there is dramatically abo%e
a%erage for the country and building acti%ities until recently
ha%e peaked'
6t is expected, in the years to follow, the process to become
e%en more salient, owing to the designed infrastructure
pro7ects pending for reali5ation'
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INTRODUCTION
In!reased Urbaniation"$ands of !hanged use
A key point in the process of urbani5ation is the con%ersion
of unurbani5ed land (mostly agricultural, in some cases -
forest# into urbani5ed'
The possibilities for this and for regulation of the process of
agricultural land use change are stipulated in the
legislation at global (Europe#, regional (state# and local
le%els'
This paper will present a brief o%er%iew and analysis of key
documents from &ulgarian legislation related to the
problem, considering whether they create conditions for
the pre%ention or expanding of urban sprawl'
RESPAG #$%&
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A) $*E1*6EW $+T:E 4A6) A1T $+
T:E ;E
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%N O&'R&I'(RESPAG #$%&
A number of national and local normati%e documents in&ulgaria co%er and regulate the processes regarding rural
land con%ersion into urban areas and 5ones'$%er the
years they ha%e been regularly updated and changed at
%arying degrees'
6n the beginning of this research was conducted a
preliminary re%iew which found that due to the linkage and
harmoni5ation of legislation in our country, the number ofdocuments with impact on these processes is significant,
but the influence of many of them is minimal and can be
ignored'
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T)' *%IN $%(S +R%*IN, T)' UR%N
'N$%R,'*'NT %ND S#R%($
. mainstream laws and regulations
The 2patial lanning Act .
$rdinance > ? (rules and regulations for different types ofspatial areas and de%elopment 5ones#.
The Agricultural ;and rotection Act.
The $rdinance for implementing the Agricultural ;and
rotection Act.
The Tariff of the +ees ayable upon =hanging the se of
Agricultural ;ands'
RESPAG #$%&
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T)' S#%TI%$ #$%NNIN, %CT /S#%0RESPAG #$%&
The basic regulatory document, framing the main problemsof spatial planning and de%elopment in &ulgaria'
6t was adopted at the beginning of !! to replace the ;aw
on 1egional and rban lanning in force until then'
6ts principles gi%e a base to the opportunities for a
sustainable de%elopment and fa%orable conditions for
li%ing, work and recreation of the population'
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RESPAG #$%&
With the recent significant changes from $ctober !, the
pro%isions of the
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RESPAG #$%&
The main regulatory document related to the 2patial8e%elopment Act is $rdinance > ?'
6t was adopted in !!/, following the adoption of 2A'
6t defines the rules and regulations for different types of
spatial areas and de%elopment 5ones'
The general pro%isions on 2patial lanning, contained inthe $rdinance, do not conflict with the 2A law and mostly
refer to it'
ORDIN%NC' 1 2
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RESPAG #$%&
2tipulates that the rules and regulations regarding the
territory structure, as well as the regulations on the land
re3uired for construction building purposes, shall be
determined with a %iew to the effecti%e use of the territories
and maintaining the natural balance'
The change of use of agricultural land for non-agricultural
purposes shall be established by an order of the 1ural
;and rotection Act, under the pro%isions of the
de%elopment plan' Without the change of use of that kindof land, there can only be constructed buildings@structures
whose functions are compatible with the intended use of
the property'
ORDIN%NC' 1 2
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RESPAG #$%&
4ost of the municipalities in &ulgaria ha%e no current
? create strong incenti%es for de%elopers and
owners to con%ert land'
S#% and ORDIN%NC' 1 2
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RESPAG #$%&
6t defines in detail the procedure of rural to urban land
change in &ulgaria, and therefore with the greatest impact
on the processes of urban enlargement and sprawl'
Aims to promote and ensure a secure land system, optimal
land use and facilitate broad-based social and economic
de%elopment without upsetting or threatening the
ecological balance of the en%ironment'
6t defines agricultural land as a ma7or national asset andchanges to its intended use is allowed only in exceptional
circumstances, pro%en need and the terms and conditions
set by this law'
The %gri!ultural $and #rote!tion %!t
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RESPAG #$%&
=ontrary to the intentions of the Act, the practice in
&ulgaria has clearly demonstrated that a great number ofprocedures end with an affirmati%e resolution for land
change'
2till there are actions and possibilities for cancellation andmodification of decisions on appro%al of a site and land
change'
This is feasible when no action is taken by thestakeholders within the statutory deadlines or when the
land plot si5e exceeds the needs for which it was pro%ided
or when there is no more need the land use to be changed'
The %gri!ultural $and #rote!tion %!t
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RESPAG #$%&
The A;A and its implementation rules lack specific le%els
of penalties depending on the si5e of the breaches andfines are set in a %ery wide range' Thus, conditions are
created for tolerance of fraudulent actions by
owners@in%estors or officials'
The ma7or conflict with the ideas for sustainable
de%elopment declared in the laws and norms here
considered is that the possibility of legali5ing the already
build construction on agricultural land is set as possible'
And this may result in unplanned and uncontrolled
expansion of the urbani5ed territories'
The %gri!ultural $and #rote!tion %!t
Th O di f i l ti
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RESPAG #$%&
The details of the terms, conditions, responsibilities, rightsand obligations of all the participants in the procedures for
disposition of rural land are described in this $rdinance'
A basic rule is that the con%ersion of agricultural land is
allowed in exceptional circumstances, pro%en need and
with the terms and conditions set out in this regulationB'
The regulations of this ordinance do not conflict with the
A;A and are e%en more comprehensi%e, but they do not
remo%e the contro%ersial points in the Act regarding
agricultural lands con%ersion and their future de%elopment
either'
The Ordinan!e for implementing
the %gri!ultural $and #rote!tion %!t
Th T iff f th + # bl
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&ulgarian planning and regulation acts and documents concerning urban sprawl' eter )ikolo%,*arna +ree ni%ersi
RESPAG #$%&The Tariff of the +ees #a3able upon
Changing the Use of %gri!ultural $ands
The fee payable for land use change is determined by aformula - + C!al 5 Crl 5 C!s 5 Cirr- whose coefficients
depend onC
D =ategory of agricultural land, specified in the Act of
=ategori5ation ( =cal #.
D ;and si5e ( =rl #.
D ;and location settlements in &ulgaria are di%ided
into eight categories under the ;aw on Administrati%e and
Territorial 8i%ision of the 1epublic of &ulgaria ( =cs # .
D Type of building@structure which is foreseen for
construction.
D ossibility for irrigation ( =irr #'
Th T iff f th + # bl
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RESPAG #$%&
The main and extremely important point of conflict in thetariff is the more than ten times lower rate in the group for
the category of place and the type of pro7ect when it comes
to the con%ersion of rural land into golf courses' With
amendments made in !!F, they were remo%ed from thegeneral column for tourism and sport facilities, and were
included in the section which co%ers facilities of crucial
importance for the de%elopment of the country'
This created conditions for the destruction of large
agricultural areas, and, moreo%er, under %ery low fee for
changing their use'
The Tariff of the +ees #a3able upon
Changing the Use of %gri!ultural $ands
CONC$USION
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RESPAG #$%&
$%erall, as different acts and regulations concerning issues
related to the con%ersion of agricultural areas are not inconflict, they may be said to ha%e been harmoni5ed'
2till, there remains the problem that after a land use
change is made, the regulatory framework sets far toobroad and loose parameters for de%elopment of the
territory'
Although the greatest problem, lack of updated
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*an3 Than6s for 7our %ttention
Peter Nikolov