LITHUANIA Law and Practice Contributed by: Evaldas Klimas and Vygintas Kuprys, WALLESS
make decisions on the division of parcels and the indication of designated purposes under the zoning documentation. If the development is planned in certain protect - ed areas (eg, cultural heritage areas), specific regulations adopted by the Ministry of Culture and other directorates are applicable. The Law on Spatial Planning, the Law on Land, the Law on Construction, the Law on Architec - ture and various construction regulations mainly apply during the development. 4.4 Obtaining Entitlements to Develop a New Project Projects on a larger scale should go through the environmental impact assessment procedure. Any third party has the opportunity to express its opinion during the procedures of publishing the environmental impact assessment and to affect the planned development by attracting the attention of public authorities to a possible infringement of the law. Even if the environmental impact assessment procedure is not applicable, any third party has the right to participate and express its objection to a certain development in the pre-design stage during a pre-design public hearing. A public hearing is mandatory for the prepared design proposals on any planned development that is bigger than 300 square metres. During the public hearing, any third party can suggest its solutions to the project, which can be accepted or rejected by the designer. If any proposals are rejected, the chief architect of the municipality may only confirm the pre-design solutions if the consent of the regional architecture council is received.
When the design stage is over and the munici - pality issues the construction permit, any third party (that has a material interest) may present a claim to the court and dispute the issued permit. As of 1 November 2021, in a transfer of devel - opment rights with the construction permit, the information regarding the new developer has to be provided in order to change the relevant data of the construction permit. 4.5 Right of Appeal Against an Authority’s Decision The authority’s decision respecting an applica - tion for permission for development or the car - rying on of a designated use can be appealed to the administrative court or the administrative dispute commission. 4.6 Agreements With Local or Governmental Authorities The Law on Development of Municipal Infra - structure came into force on 1 January 2021 and provides for the possibility of entering into an agreement under which municipal infrastructure would be developed as part of an implemented project (this is a mandatory requirement in some cases). Municipal infrastructure that is developed by a private developer should be transferred to the municipality. Compensation will be received after five years, but only if the development was performed in the territory intended for prioritised development. Compensation may be received from other joining developers, but only if they join that infrastructure in ten years in territories that were not set for prioritised development under master plans.
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