The Partnership Behind the Report Consists of the PP13 and PP14 Teams

INTRODUCTION

This report represents the Draft of Romanian National Report (WP1.1), basedon the Terms of Reference provided by Lead Partner on 21st of December 2006.

The partnership behind the Report consists of the PP13 and PP14 teams.

This report does not necessarily reflectthe official opinion on the issues, but the opinion of the specialist involved in the project. According to their expertise, the content of the Report was elaborates as follows:

PP14 –NIUSR URBANPROIECT:

-Chapter B. - GENERAL DESCRIPTION OF THE SPATIAL PLANNING SYSTEM IN THE COUNTRY

- Chapter C. - SPECIFICITIES OF SPATIAL PLANNING IN COASTAL AREAS

PP13 – NIMRD GRIGORE ANTIPA:

-Chapter D. – INTEGRATED COASTAL ZONE MANAGEMENT

-Chapter E. – MARITIME SPATIAL PLANNING

-Chapter F. – LINKAGES TO INTERNATIONAL POLICY

PP13 & PP14:

-EXECUTIVE SUMMARY

-ANNEXES

March 2007

TABLE OF CONTENTS

A. EXECUTIVE SUMMARY
B. GENERAL DESCRIPTION OF THE SPATIAL PLANNING SYSTEM IN THE COUNTRY
Evolution of the spatial planning in the country
Agencies of spatial planning and regional development – the institutional infrastructure
The planning framework
Involvement of public
The control of development
Land policies related to coastal areas
Urban, countryside and transport planning/policies
Environmental protection and planning
Conservation of nature and cultural heritage
General introduction on coastal zone planning
General introduction on maritime spatial planning
Assessment of/commentary on advantages and gaps
C. SPECIFICITIES OF SPATIAL PLANNING IN COASTAL AREAS
Main problems and issues related to uses in coastal areas, conflicts
Planning in coastal zones: Urban policies, Countryside planning, transport policies
Assessment of/commentary on advantages and gaps
D. INTEGRATED COASTAL ZONE MANAGEMENT
E. MARITIME SPATIAL PLANNING
F. LINKAGES TO INTERNATIONAL POLICY
ANNEXES

FIGURES

National Spatial Plan - Section IV – Settlements network

National Spatial Plan - Section III – Protected areas – Natural areas

National Spatial Plan - Section III – Protected areas – Built areas

A. EXECUTIVE SUMMARY

According to the Law no. 2/1968 concerning the administrative organization of the Romanian territory, there are two categories of units: counties (NUTS 3) and towns and communes (meaning rural units NUTS 4). Spatial planning activity is legally defined by the Law 350/2001on Territorial and Urban Planning (revised with the Law 289/2006).

Romanian spatial planning system has a hierarchical structure: a detailed plan must comply with the guiding provisions from the plan dedicated to a superior territorial level

B. GENERAL DESCRIPTION OF THE SPATIAL PLANNING SYSTEM IN THE COUNTRY

Evolution of the spatial planning in the country

The Romanian territorial planning is considered to have a notable tradition.The evolution and historical roots of territorial planning in Romania can be traced back to the 20s and 30s of the last century, inspired by German theories of spatial organization. This heritage has been preserved by planners after 1948 when the system was organized according to the Soviet model. Meanwhile they had been strongly influenced by the new French DATAR experience, more so as the overall territorial and urban/rural structure of Romania is somewhat similar to the French one, including the primacy of the CapitalCity against the „province”, with a few „metropoles d’equilibre”. However, the main principle of structuring the network of cities, towns and rural settlements has been and still is the theory of central places, which in a way corresponded to the Romanian traditional way of thinking about society, and to the strictly hierarchical organization of the communist society.

As for urban planning, the dominant model has always been the Mediterranean one; more so as „urbanism” has been taught for decades at the Faculty/Institute of Architecture. During the communist era, urban planning had to cope with the introduction of strict economic and social developmental criteria, but the dictatorship definitively spoiled the idea of planned urban development. As a result – combined with the land and real estate (re)privatization measures – any urban policy has been made impossible at least for a while.

The key institution at national level is a ministry responsible for spatial and urban planning. Such a ministry – sometimes called Committee, Council or Commission – has existed for approximately 60 years.

After 1990 the experts have hardly tried to minimize the conceptual distinctions between Romania and Western Europe. Unfortunately, from the point of view of institutions and specific policies, one can see the loss of territorial planning domain's importance. This fact is also shown by the names of those ministries that have coordinated the activity at the national level. Soon after the Revolution, a national committee for urban and territorial planning worked under the Government's direct control. Then, it was replaced bythe Ministry of Public Works and Territorial Planning that becamethe Ministry of Public Works, Transports and Housing. Currently, the responsibility for spatial planning at national level lies with the Ministry of Transportation, Constructions and Tourism. The relevant department is headed by a Delegate Minister for Public Works and Territorial Planning. Adepartment of territorial planning and regional development has been founded under the Prime Minister` Chancellery.

Agencies of spatial planning and regional development– the institutional infrastructure

The current administrative - territorial structure of Romania is consistent with the historical division of the country in 41 counties (“judet”) – NUTS 3, 319 urban localities and 2855 communes (clusters of rural settlements) - NUTS 4 (December 2006).

The 8 Development Regions have been designed to match NUTS 2 criteria; they are not statutory administrative entities and are not legal persons.There are 3 levels of government: national/central, county and local level.The legal and institutional framework for spatial planning is fully defined by the Law on Territorial and Urban Planning (no 350/2001 which was revised with the Law 289/2006)

The roles and responsibilities of governmental layers and agencies are established as follows:

“Competencies of the central public administration:

The activity of the territorial planning and urban planning at national level shall be coordinated by the Government, which shall establish, in comparison with the Governing Programme, priority programmes, guiding lines and sectoral policies.

The Ministry of Transports, Constructions and Tourism – MTCT - (named Ministry of Public Works, Transport and Housing in 2001) shall be the specialized body of the Government in the field of territorial and urban planning having, in this capacity, the following duties:

-the elaboration of the National Concept for Spatial Development and the National Spatial Plan;

-the elaboration of the Regional Spatial Plans, which shall substantiate the regional development plans;

-the elaboration of the General Urban Plan for the CapitalCity and its Regulations;

-the endorsement of the drafts of normative documents referring to the activity of the territorial and urban planning;

-the collaboration with the ministries, as well as with the other bodies of the central public administration, for the substantiation, from the point of view of the territorial and urban planning, of the sectoral strategic programmes;

-the collaboration with the councils for regional development, the county councils and the local councils, as well as the follow up of the way in which the governmental programmes and the guiding lines in the field of territorial and urban planning at regional, county and local level are applied;

-The Ministry of Public Works, Transport and Housing may request the local public administration authorities to elaborate or to modify a documentation of territorial and urban planning with a view to deepening, detailing or applying of certain provisions included in the sectoral strategic programmes of the Government, as well as for the observance of the State's general interests.

Competencies of the county public administration:

-The county council shall coordinate the activity of the territorial and urban planning at county level.

-The county council shall establish the general orientation regarding the territorial and urban organization and development of the localities. To this end, it shall coordinate the activity of the local councils and shall grant them technical specialty assistance.

-The county council shall ensure the taking over of the provisions included in the plans of the national, regional and local levels within the territorial and urban plans for their administrative territories

-The county council may request the local councils to elaborate or to update a territorial and urban plan with a view to ensuring the applying of certain provisions included in the county development programmes; the request shall be transmitted to the local council, accompanied by the explanation of the motives underlying the county council decision and the term fixed for the elaboration or modification of the documentation”.

The structure of the Councils’ offices may differ, but there is always a Territorial and Urban Planning technical service, headed by the County’s Chief Architect. They do not prepare the spatial plans themselves, but only deskwork, control and inspection activities. The territorial planning activities proper are assigned, by compulsory tendering procedure, to professional planning organisations, which are mostly private undertakings.

“Competencies of the local public administration:

-The local council shall coordinate and shall be responsible for the entire activity of urban planning carried on in the territorial-administrative unit and shall ensure the observance of the provisions included in the approved documentation of territorial planning for the carrying out of the programme of urban development of the component localities of the commune or town.

-The local council shall cooperate with the county council and shall be supported by it in the activity of town and country and city planning.

-In the process of drawing up the programme of urban development of the localities, the local council shall also cooperate with institutions, economic units, nongovernmental bodies and organizations of national, county or local interest.

-In the carrying out of its duties in the field of the territorial and urban planning, the local council shall utilize information from all the fields of socio-economic activity.

-The decentralized public services of the ministries and of the other central bodies, the economic units, nongovernmental bodies and organizations that carry on their activity at local level, shall be obliged to supply, free of charge, the necessary information with a view to carrying on the activity of territorial and urban planning at local level.”

The National Commission for Urban and Spatial Planning is a body of MTCT whose role is to provide advice and assistance in urban and spatial planning activity. It is constituted from experts and professionals in the field.

MTCT cooperates with other ministries and central bodies:

• The Ministry for European Integration is a specialized body of the central public administration that fulfills assignments related to and is in charge of drafting, promoting, coordinating, managing, implementing and monitoring Romanian regional development policies and strategies as well as the social and economic cohesion schemes. It is the manager of the National Fund for Regional Development and fulfills the secretarial work for the National Council for Regional Development.

• The National Council for Regional Development is a decisional body for the elaboration and implementation of the regional policy objectives and set up according to partnership criteria.
• The Regional Development Agencies are non-governmental bodieshaving judicial personality that act at the regional level in the field of regional development.
• The Regional Development Councilis a regional deliberative body, having not judicial personality, which acts according to the principles of partnership at the regional level. Its responsibility is to coordinate the elaboration and monitoring activities of the regional development policy.

There are some public agencies with major role in spatial development which are scientific and research agencies that are subordinated either to some Ministries, or to the RomanianAcademy. They formulate strategies in the field of urban and spatial development, draw up plans and maps at national level, identify cultural and natural heritage, and provide advice in laws drafts in the field of spatial development.

• The National Institute for Urban and Spatial Planning and Research URBANPROIECT
• The Architecture and Urban Planning Institute “Ion Mincu”
• The National Commission for Historical Monuments
• The Institute of Geography (part of the RomanianAcademy).

There are also some private agencies operating at the regional level whose activities are: elaborating urban and spatial plans and studies, evaluating the tourist potential of a certain area, planning the water management, making studies for rehabilitation of the natural and cultural heritage at regional level, making projects for housing and public infrastructure, providing consulting services, expert examination etc, realizing topographical survey, cadastral plans, etc.

The agencies that operate at lower level have the same profile as the ones mentioned above but their scope is smaller, being restricted to the local, county or inter-county level.

The planning framework

The spatial planning is legally defined by the above mentioned Law 350/2001.

In Romania – like in other European countries – spatial planning is the activity with the aims of balancing demands for development with the need to protect the environment and to achieve social and economic objectives. Spatial planning embraces measures to co-ordinate and integrates the spatial impact of other sectoral policies. Spatial planning encompasses elements of national planning, regional (zonal) planning and land use planning. Unfortunately, spatial planning has, for the moment, a legislative and institutional gap referring the regional policy.

-National spatial planning includes a broad development framework that guides spatial development patterns and lower-tier spatial plans.

-A regional planning attempt to shape development patterns within a region or a county though a strategy which links physical changes with economic, social and environment policy. Regional planning operates at a level below national level but above the local level.It can also refer to administrative territories that associate in order to solve a common problem. This is the case of inter-county, inter-municipal, inter-communal plans, cross-border plans and metropolitan and peri-urban plans.

-Land use planning (or urban planning or physical planning) operates at the NUTS 4 level (cities, towns, communes) in order to regulate the conversion of land and property uses, considering the complex development of settlements(economic, ecological, social, cultural), taking into account the principles of sustainable development.

The spatial planning documents are:

• The National Spatial Plan
• The National Concept for Spatial Development
• The Zonal Spatial Plan
• The County Spatial Plan
• The General Urban Plan
• The Zonal Urban Plan
• The Detailed Urban Plan

The National Spatial Plan(NSP)is a synthetic guiding document which brings into harmony the sectoral strategic schemes. After their adoption by the parliament, the NSP sections are laws. NSP contains the following sections:

• Section I – Transport Infrastructure (Law no. 363/2006)
• Section II – Water Management (Law no. 171/1997)
• Section III – Protected Areas (Law no. 5/2000)
• Section IV – Settlements Network (Law no.351/2001)
• Section V – Areas of Natural Risk (Law no. 575/2001)

The following Sections are in the process of elaboration:

• Section VI – Touristic Areas
• Section VII – Education Infrastructure
• Section VIII – Rural Areas

The County Spatial Plan (CSP) is a compulsory guiding document and represents a spatial expression of the socio-economic development scheme of the county. It is correlated with the National Spatial Plan and Zonal Spatial Plan and the governmental sectoral schemes and other development schemes. The provisions of the CSP are compulsory for the other urban and spatial plans which detail them.

The Zonal Spatial Plan (ZSP) has a guiding role and is meant to solve specific problems of particular territories. These plans can be inter-communal, inter-municipal, inter-county plans, regional plans, border or cross-border plans, metropolitan or peri-urban plans.

A General Urban Plan(GUP) has a guiding and operational regulation character. It constitutes the legal base for the implementation of the development programs and actions for the whole territory of an administrative unit(NUTS IV) that can be a city, a town or a commune (rural administrative unit comprising one or more villages). It contains the regulations for an entire administrative unit referring to: delimitation of the build-up area of the settlement, functional areas and transport infrastructure, public infrastructure, protected areas and monuments, property types and legal circulation of the property, green areas. GUP also stipulates the future evolution of the settlement, the functional development directions, the layout of traffic corridors and major infrastructure routes.

A Zonal Urban Plan(ZUP) has a specific regulation character and is correlated with the provisions of the GUP. It refers at the organization of the road system, types of land use, thepublic infrastructure, the legal status and circulation of the property, the protection of historic monuments, etc.

A Detailed Urban Plan(DUP)has only a specific regulation character; it contains provisions regarding one or more buildings.

The Law no 315/2004 for Regional Developmentstipulatesthe institutional framework, the objectives, the competences and specific instruments of the regional development policy in Romania. The regional development policy represents the set of the governmental policies having the aim to foster the balanced and sustainable socio-economic development of the geographical areas that constitute the development regions. The territory of Romania is divided in eight development regions. These are not administrative units and have not judicial personality. Each contains the territories of 4 – 7 counties. The development regions form the spatial framework for the elaboration, implementation and assessment of the regional development policies, and also for statistical data collection for the NUTS2 level.