The Portuguese National Spatial Policy Programme

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Committee on Housing and Land Management, 68th Session Geneve, 17-18 September The Portuguese National Spatial Policy Programme A Brief Presentation, Senior Adviser / Directorate General for Spatial Planning and Urban Development Fonte: Carta de Portugal à escala 1:2 500 00, IGP Direcção-Geral do Ordenamento do Território e Desenvolvimento Urbano Campo Grande, nº50, 1749-014 Lisboa, Portugal Tel.: + 351 217 825 000 Fax: + 351 217 825 004 Web: www.dgotdu.pt E-mail: dgotdu@dgotdu.pt

Index: 1. Portugal (basic information) 2. The framework of spatial planning in Portugal 3. Territorial Management System (TMS) 4. Territorial Management Instruments (TMI) 5. The National Spatial Policy Programme (NSPP) I. The NSPP Process II. Structure and contents

Portugal Territorial Area Area / km2 % Total Thousand hab. Resident Population % Total Exclusive Economic Area Hab / Area k Thousand m % Total km2 2 Portugal 92 117 100,0 10 356,1 100,0 112,4 1 731,6 100,0 Continent 88 967 96,6 9 869, 3 95,3 110,9 328,4 19,0 Azores 2 322 2,5 241, 8 2,3 104,1 996,0 57,5 Madeira 828 0,9 245, 0 2,4 295,9 407,2 23,5 The Portuguese administrative structure has three levels 278 National 11 Regional 2 Autonomous Regions: Azores / Madeira Local / Municipal Total of 318 municipalities In the mainland there are no formal regions, but decentralized services of central administration. 19

Framework of Spatial Planning in Portugal According to the Portuguese Constitution (art. 66, n.2), spatial planning aims to ensure: the adequate location of activities, a balanced social and economic development, the enhancement of the landscape. Spatial planning is an essential responsibility of the State, to be carried out with citizen participation, in a framework of sustainable development. The definition of spatial planning policy is a competence of the Government, the Autonomous Regions and the Local Authorities. The State, the Autonomous Regions and the Local Authorities have the duty to promote, in a coordinated way, the spatial planning policy in their specific areas of competence, through the preparation of the national, regional and municipal spatial plans.

Framework of Spatial Planning in Portugal Act 48/98, approved by Parliament in August 1998 This Act: Defines the framework for the spatial and urban planning policy Establishes a system for territorial management Regulates, in the framework of this policy, the inter-relationship between the different levels of public administration, the population and the social and economic sectors Law 380/99, approved by the Government in September 1999 Defines the rules for application of Act 48/98 Act 58/2007, approved by Parliament in September 2007 Approves the National Spatial Policy Programme (sets guidelines and principles for sustainable territorial development and cohesion and for the coordination of sectoral policies with territorial impact, establishing a territorial model for economic and social development)

Territorial Management System National PROT Regional Local PNPOT PDM

Territorial Management System (Law 380/99) PNPOT National Spatial Policy Programme PSect Sectorial Plan PNPOT National Water Plan, River Basin Plan, Forest Regional Management Plan PROT Regional Spatial Plan PEOT Special Spatial Plan PSect PROT Nature Protected Areas Plan, Public Reservoir Plan, Coastal Zone Plan, Estuary Plan PMOT Municipal Spatial Plan PDM Municipal Master Plan PU Urban Development Plan PP Detail Plan PIER Rural Intervention Project PEOT PMOT Territorial Management Tools

Territorial Management Instruments (TMI) All the TMI must identify: Areas allocated to national defence, security and emergency services Natural resources and assets Agricultural and forest areas The ecological structure The architectural and archaeological heritage Accessibility networks Networks of infrastructure and public amenities The urban system The location and distribution of economic activities

TMI National spatial planning policy program PREPARATION AND APPROVAL (COMPETENCES) Decision for Preparation Council of Ministers Preparation of Proposal Government, through the coordination of the Minister responsible for spatial planning Sectorial plans Council of Ministers Competent public administration sectorial body Special plans Council of Ministers Competent public administration sectorial body Regional Spatial Plans Inter-municipal Spatial Plans Spatial Municipal Plans Council of Ministers Municipality councils of associated municipalities or inter-municipal councils Regional Coordination and Development Commissions Associated municipalities or municipalities associations Parliament Approval Council of Ministers Council of Ministers Council of Ministers Municipality councils of concerned municipalities or inter-municipal council Ratification No No No No Government Municipality council Municipality Municipal council Government

Coordination All the TMI guarantee: the vertical and horizontal coordination of sectoral policies with spatial impact and of spatial and urban planning policy Information Everyone concerned has a right to be informed about the preparation, approval, monitoring, implementation and assessment, namely through: the consultation of the documents that justify the proposals being able to get copies of deliberative meetings proceedings and certificates of approved plans being informed about the plans provisions the constraints concerning the use of the soil

Participation Every individual citizen as well as associations representing the economic, social, cultural and environmental interests, have a right to participate in the procedures of preparation, amendment, review, implementation and assessment of the different TMI The public bodies responsible for those procedures have to make public: the decision to start the procedures the end of each of the procedures the documents to be submitted to public consultation the opening and the timetable for the consultation the conclusions of public consultation the means of implementation of the plan the beginning and the conclusions of the TMI s assessment The results of public consultation have to be considered in the final draft proposals submitted for approval.

Conciliation Before being submitted to public consultation all the TMI are submitted to a conciliation procedure with the members of the consultative monitoring committee in order to reach an agreement about the TMI s proposals Compensation and Damages The special plans and the municipal spatial and land-use plans must consider compensation processes to guarantee a fair redistribution of resulting costs and benefits among those concerned Damages, with effects similar to compulsory purchase, should be paid when plans impose land-use restrictions in relation to previously existing legal land-use rights not possible to be compensated Register and Publication To be effective all the TMI, once approved, must be: registered by the Directorate-General for Spatial Planning and Urban Development published in the official journal

The NSPP Process 2002 Preparation of the NSPP 2003 Creation of Task Group of experts and consultants (several universities) Focal Point Group (Administration) 2 Committees Enlarged Advisory Advisory Committee (Civil Society) Committee 2004/2005 4 draft versions were prepared considering the comments / suggestions of the Enlarged Advisory Committee 2006 March A period of consultation within the Government resulted in the version that was approved by the Government for public consultation May to October Public Consultation Creation a dedicated website (www.territorioportugal.pt) Organization of official public debate sessions Support for non-official public debate sessions December DGOTDU publishes the report with the results of public consultation the Government adopts the final proposal of the NSPP and presents it to Parliament for approval 2007 July Approval by Parliament September Published in the Official Journal. Enters immediately into force

Structure and contents The National Spatial Policy Programme is made up of 2 documents: Report Introduction Portugal in the world Territorial organization, trends and performance The regions: framework and strategic guidelines Portugal 2025: strategies and Territorial Model Action Programme Introduction General guidelines Policy Programme - 6 strategic goals - 36 specific goals Guidelines for territorial management Annexes Matrix of specific goals Matrix of priority measures The adopted time-frame is 2025

Hazards for mainland Portugal Natural and agro-forestry systems Urban system and acessibilities Natural and agro-forestry systems in Azores Natural and agro-forestry systems Madeira

Committee on Housing and Land Management, 68th Session Geneve, 17-18 September THE END Fonte: Carta de Portugal à escala 1:2 500 00, IGP Direcção-Geral do Ordenamento do Território e Desenvolvimento Urbano Campo Grande, nº50, 1749-014 Lisboa, Portugal Tel.: + 351 217 825 000 Fax: + 351 217 825 004 Web: www.dgotdu.pt E-mail: dgotdu@dgotdu.pt