Council of State Explains Decision to Block Expansion of Settlements Under 2,000 Inhabitants

In an explanatory announcement, the Council of State (CoS) clarified its ruling on a draft Presidential Decree concerning the determination of criteria, methods, and procedures for delineating settlements with populations under 2,000 inhabitants, as well as land use and general construction terms. The CoS ruled that the provision for Zone G was deemed illegal because it would essentially constitute an unauthorized settlement expansion. According to the statement, areas proposed under Zone G not only included improperly designated areas from previous decisions but also failed to meet the criteria outlined in the decree itself. These areas should legally remain outside settlement boundaries, allowing construction only under out-of-plan regulations. Recognizing Zone G would violate explicit prohibitions in both the enabling law and the decree itself. Expansion is possible but requires prior urban planning, necessitating approved Local Urban Plans or equivalent frameworks before any zoning changes. The CoS emphasized that proper urban planning ensures public spaces and infrastructure meet residents’ health, safety, economic, and aesthetic needs, aligning with Article 24 Paragraph 2 of the Constitution. Furthermore, provisions in Chapter B address construction terms, restrictions, and land uses within settlements, guiding planners to develop tailored proposals reflecting each settlement’s unique characteristics.