The amended law of 30 July 2013 on spatial planning raises several problems concerning the good conduct of regional planning. By the end of 2014, the Council of State had already issued several formal objections to amendments proposed by the government, one of them dealing with so-called "standstill" servitudes, which had a significant impact on private property since the filing of a draft Grand-Ducal Regulation declaring the sectoral master plan mandatory. Indeed, the amended law of 30 July 2013 does not provide sufficient framing (conditions, purposes and modalities) at the level of the sectoral master plans.
At the end of 2014, the government had to announce the withdrawal of the procedural phase from the draft grand-ducal regulations declaring sectoral master plans compulsory and its intention to amend the law on spatial planning while reworking the draft master plans Sectors with complete transparency and transparency.
In view of the changes to be made and the legal problems involved, it was found that a complete overhaul of the amended law on land-use planning was more appropriate. A new draft law was therefore approved by the Governing Council at its sitting of 22 July 2016.
By its Opinion No. 51.935 of 13 June 2017, the Council of Sate formulated twelve formal objections — and not sixteen — and threatened to formulate six oppositions against the draft law. The main criticism concerned the lack of a sufficient normative framework.
The criticisms made by the Council of State are not surprising, however, whereas spatial planning is a highly complex matter, which may undermine fundamental rights and freedoms as well as fundamental constitutional rights, including the right of property referred to in Article 16 of the Constitution, the freedom of commerce and industry covered by Article 11(6) of the Constitution and the principle of autonomy referred to in Article 107 of the Constitution.
However, sectoral master plans and land-use plans, as well as the enforcement measures they provide, such as expropriation and the right of first refusal, are all instruments available to land use planning Enabling an organised, harmonious and rapid development of our territory at the national level. However, such measures and instruments may also infringe the aforementioned provisions of the Act.
In this context, the bill consciously sought constitutional boundaries to prepare the country for major challenges such as the creation of affordable housing, reduction of mobility problems, economic diversification, protection of landscapes, natural resources And cultural heritage, maintenance of climatic and agricultural functions, etc. In short, the country's major challenge is to maintain the quality of life in a context of socio-economic and demographic growth on a small territory of 2.586 km2 and with exhaustible resources.
Also, the bill must take into account the effects of various legislation in order to ensure a coherent interaction with the latter.
The legislation in question is mainly:
The amended law of 19 July 2004 on municipal planning and urban development;
The amended Law of 19 January 2004 on the protection of nature and natural resources;
The amended law of 15 March 1979 on expropriation for reasons of public utility;
The amended law of 22 October 2008 on the promotion of housing and the creation of a housing pact.
Consequently, the Minister for Sustainable Development and Infrastructure, François Bausch, intends to continue the work with speed so as to be able to start the debates in the parliamentary committee at the end of the month and to present the amended text to the vote Before the end of the legislative period
