ANNEX II To the response of the Republic of Lithuania to the Decision 33 COM 7B.112 SPECIAL PLAN OF IMMOVABLE HERITAGE PROTECTION FOR BOUNDARIES OF THE AREA OF VILNIUS OLD TOWN (unique code of immovable heritage property 16073, former code U1P) AND ITS BUFFER ZONE STIPULATIONS OF 2010 1.1 INTRODUCTION 1.1.1. Background for planning - - - Order of Director of Cultural Heritage Department under Ministry of Culture No. I-233 of July 1, 2008 „On preparation of special plan of immovable heritage protection for boundaries of the area of Vilnius Old Town (unique code of immovable heritage property 16073, formerly code U1P) and its buffer zone“. Order of Director of Cultural Heritage Department under Ministry of Culture No. I-432 of October 23, 2008 “On amendment of Order I-233 of July 1, 2008 „On preparation of special plan of immovable heritage protection for boundaries of the area of Vilnius Old Town (unique code of immovable heritage property 16073, formerly code U1P) and its buffer zone“”. Work Programme (Terms of Reference) (adjusted) of October 29, 2008, for preparation of special plan of immovable heritage protection for boundaries of the area of Vilnius Old Town (unique code of immovable heritage property 16073, formerly code U1P) and its buffer zone, No. (12.49.V)SPPV-08. 1.1.2 GOAL OF PREPARING THE SPECIAL PLAN: To ensure protection of Vilnius Old Town. 1.1.3 PLANNING TASKS: To establish (specify) boundaries and areas of Vilnius Old Town and its buffer zone. 1.1.4 LEVEL OF PLANNING AND TYPE OF DOCUMENT: The special plan drafted is on the level of district according to the size of the territory and detail of Stipulations, thus publicity of this special plan is ensured by procedures stipulated in Bylaw of public participation in territorial planning (excluding chapter 5.2). 1.1.5 ORGANIZER OF SPECIAL PLANNING: Vilnius territorial division of Department of Cultural Heritage under the Ministry of Culture. 1 1.1.6 DRAFTER OF THE SPECIAL PLAN: State enterprise "Lietuvos paminklai". Šnipiškių g. 3, Vilnius; Municipal enterprise "Vilniaus planas", Konstitucijos pr. 3, LT-09601 Vilnius. 1.1.7 CONDITIONS FOR PLANNING: - Conditions for planning No. 14 by Department of Cultural Heritage under Ministry of Culture of September 8, 2008; - Conditions for planning by Department of Environment Protection of Vilnius Region; - Conditions for planning No. A620-209 by Department of Urban Development of Municipal Administration of City of Vilnius of October 15, 2008; - Conditions for planning No. A 121-17648 by Division of Environment Protection of Municipal Administration of City of Vilnius of October 14, 2008; - Conditions for planning No. 2836 by Department of Urban Economy of Municipal Administration of City of Vilnius of September 22, 2008; 1.1.8 KEY LEGISLATION ENACTED IN THE PLANNED TERRITORY: - Law on Protection of Immovable Cultural Heritage; - Law on Protected areas; - Law on Territorial Planning; - Law on Land; - Bylaw for Drafting Special territorial planning documents for protection of Immovable cultural heritage. 1.1.9 COURSE OF DRAFTING OF THE SPECIAL PLAN The special planning for protection of the immovable heritage of Vilnius Old Town, determining boundaries of the area of Vilnius Old Town and its Buffer Zone and heritage protection requirements therein has been drafted in several stages. The Analysis of State of Play and The Concept for Vilnius Old Town and its Buffer Zone was drafted in 2008-9. This work has been collected in two volumes: documents on analysis of state of play of the planning procedures and existing documentation, and resulting Analytic Conclusions of the State of Play and Concept. During the analytical stage, ample material on research and analysis of protection of Vilnius Old Town was collected and systemised. On the basis of this work, and taking account of legitimised borders of properties, the boundaries of the Vilnius Old Town were specified and boundaries for Buffer Zone were established, presenting them first in the Concept, and then in the Stipulations. The Stipulations of the Special plan of immovable heritage protection for boundaries of the area of Vilnius Old Town (unique code of immovable heritage property 16073, formerly code U1P) and its Buffer Zone are defined and approved following Bylaw for Drafting Special territorial planning documents for protection of Immovable cultural heritage. In parallel, drafting of a Special plan of immovable heritage protection for Vilnius Old Town – heritage management project was commenced in 2009 by State enterprise 2 “Lietuvos paminklai”. In this Heritage management project there should be foreseen requirements for heritage protection applicable to the territories delineated by this Plan of Boundaries. This document of territorial planning (the Pan of Boundaries) does not regulate any economic activity. Therefore, according to the Conditions for planning by Department of Environment Protection of Vilnius Region the Assessment of impact on Immovable Heritage Values and of consequences of these Stipulations is carried out following the Conditions for planning by Department of Environment Protection of Vilnius Region. All Stipulations of this Special Plan will not have any harmful impact on the natural environment and landscape. The main land use, nature or character of use in the planned area are not amended by this special plan. 1.2 COMMON PART 1.2.1. BRIEF DESCRIPTION OF THE OBJECT Vilnius Old Town (Vilnius Historic Centre, formed in 14-18c.) has been inscribed onto UNESCO’s World Heritage List in 1994 (No. 541). Vilnius Old Town is declared a monument of culture, and its valuable parts are described in the attached dossier. On the Webpage of the Wold Heritage Convention, it is stated that “Political centre of the Grand Duchy of Lithuania from the 13th to the end of the 18th century, Vilnius has had a profound influence on the cultural and architectural development of much of Eastern Europe. Despite invasions and partial destruction, it has preserved an impressive complex of Gothic, Renaissance, Baroque and classical buildings as well as its medieval layout and natural setting.” 1.2.2 INTERNATIONAL OBLIGATIONS All countries that are States Parties to the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage, according to its Article 4, „recognizes that the duty of ensuring the identification, protection, conservation, presentation and transmission to future generations of the cultural and natural heritage and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain.“ At the 32 Session of the World Heritage Committee in Quebec, July 2-10 2008, Decision - 32COM 8B.62 - Examination of nominations and minor modifications to the boundaries of natural, mixed and cultural properties to the World Heritage List - was taken. In this decision, The Wold Heritage Committee Requests that Lithuania submits the buffer zone as a minor modification to the boundaries, once the Special Protection Plan has been approved which gives it legal protection. 1.3 PROJECT PART 3 1.3.1. JUSTIFICATION OF THE ESTABLISHMENT OF BOUNDARIES The Boundaries of the Vilnius Old Town – monument of culture U1P – are not modified in essence. However, they are precisioned according to Article 11, paragraph 2 of the „LAW ON PROTECTION OF IMMOVABLE CULTURAL HERITAGE“: „The boundaries of the territory of an object of cultural heritage shall be determined to coincide with the boundaries of land plots or parts thereof being objects of rights in rem. […]“. By the said Article of the said Law, paragraph 5: „An intermediate protection zone mitigating the adverse impact of human activity shall be established for a protected object or site. This zone may have one or both of the following sub-zones of a different protection and use regime: 1) the subzone of protection against physical impact – the land plots or parts thereof outside the territory of an object of cultural heritage together with other immovable items situated therein as well as the forest and water areas subject to the requirements of this Law and other legal acts prohibiting in this subzone the activities likely to physically impair the valuable properties of the object of cultural heritage; 2) the subzone of visual protection – the land plots or parts thereof outside the territory of an object of cultural heritage or the subzone of protection against physical influence together with other immovable items situated therein and being subject to the requirements of this Law and other legal acts prohibiting in this subzone the activities likely to hinder the survey of the object of cultural heritage.“ The subzone of protection against physical impact for Vilnius Old Town is not established as physical impact to the values of Vilnius Old Town can only be physically damaged on the territory of the Old Town itself. As the visual aspect is the most important for protecting Vilnius Old Town in the Buffer Zone, the protection zone only consists of one subzone boundaries of which coincide with the boundaries of the Buffer Zone, and hence it is named “Buffer Zone” below. This Buffer zone should be divided into separate subzones with different regulatory parameters of activities according to factors impacting the Vilnius Old Town, when heritage management project is drafted. The Justification of the Boundaries of the Buffer Zones is laid out in the Volume 2 of this Plan, named “Analytical Part of the Special Plan”. Vilnius Territorial chapter of Department of Cultural Heritage under Ministry of Culture has analysed the files of Analytic Conclusions of the State of Play and Concept of State of Play of the special plan of immovable heritage protection for boundaries of the area of Vilnius Old Town (unique code of immovable heritage property 16073, formerly code U1P) and its buffer zone has approved in principle variant 4A of the Concept by its letter . 4 The Concept of the special plan of immovable heritage protection for boundaries of the area of Vilnius Old Town had been introduced at a meeting of the National Committee of ICOMOS Lithuania on March 3, 2010, where variant 4A was approved in principle after listening to expert opinions and two reviews. The Stipulations of the special plan of immovable heritage protection for boundaries of the area of Vilnius Old Town have thus been drafted following variant 4A of the said Concept. 1.3.2. STIPULATIONS 1.3.2.1. The Boundaries of the area of Vilnius Old Town The Boundaries of the area of Vilnius Old Town had been established before sending the nomination file to the UNESCO World Heritage Centre and they were confirmed by the Order of Director of Cultural Heritage Department under the Ministry of Culture No. I167 of April1, 2005 „On approval of temporary regulation of protection of the Buffer Zone of World Heritage Site - Vilnius Old Town, monument code U1P “ are specified by this Special Plan with the objective of making the said boundaries coincide with the boundaries of land plots or parts thereof being objects of rights in rem. The area of the Vilnius Old Town that has been calculated in 1993 according to the possibilities of the day has changed and now respecting the objects of rights in rem and coordinated the boundaries within the State system of coordinates LKS-1994 it has become 352,09 ha. The Boundaries (not digitised) of the State cultural reserve of the Vilnius Castles are shown as approved by the Resolution of the Seimas (Parliament) of Lithuania No. IX-861 of April 23, 2002. EXPLANATION OF SPECIFICATION AND DESCRIPTION OF THE BOUNDARIES: The Boundaries of the Vilnius Old Town are revised by this Special Plan with the objective of making the said boundaries coincide with the boundaries of land plots or parts thereof being objects of rights in rem. When establishing the Boundaries of the Buffer Zone, the boundaries of the plots, the red lines in the databases and the digitised boundaries of the protected areas have been respected as far as possible. Directions: N – North; E – East; S – South; W – West. When boundaries coincide with streets, they are drawn on the central axial lines or on dividing line of the opposite lanes. DESCRIPTION OF THE BOUNDARIES OF VILNIUS OLD TOWN: 5 From Žaliasis bridge by the Southern quay of Neris direction E to plot in T. Kosciuškos st. 10 (Palace of Sluškos) N corner, By NE boundary of plot T. Kosciuškos st. 10 S direction to crossing of to Sluškų st. and T. Kostiuškos st.. T. Kosciuškos st. direction NE to plot T. Kosciuškos st. 11 S corner, by plot T. Kostiuškos st. 11 S boundary E direction to plot T. Kosciuškos st. 13 W corner, to plot T. Kosciuškos st. 13 S boundary E direction to Olandų st.. Olandų st. S direction to crossing su Krivių st.. by Krivių st. S direction to Baltasis close, by Baltasis close. E direction to Polocko st., by Polocko st. E direction to plot Žvirgždyno st. 1 NE corner, by plot Žvirgždyno st. 1 E boundary S direction to plot Žvirgždyno st. 1 SE corner, from plot Žvirgždyno st. I SE corner S direction to plot Polocko st. 21 A NE corner, From plot Polocko st. 21 A SE corner S direction by boundary Bernardinų cemetery to Bernardinų cemetery SW corner, From Bernardinų cemetery SW corner S direction perpendicular to hillsides of Vilnia river to Aukštaičių st., by Aukštaičių st. W direction to plot Paupio st. 28 (UAB ..Vilniaus kailiai") W boundary, to plot Paupio st. 28 W boundary S direction to Paupio st. ir Krivūlės access crossing, By Krivūlės access S direction across Subačiaus st., unnamed access to Drujos st., by Drujos st. W direction to Seinų st., Seinų st. W direction to Sodų st.. by Sodų st. S direction to plot Sodų st. 22 N boundary. By Sodų st. 22 N boundary W direction to Šv. Stepono st.. by Šv. Stepono st. N direction to Punsko st., by Punsko st. W direction to Mindaugo st., by Mindaugo st. N direction to Kauno st., by Kauno st. E direction to Aguonų st., by Aguonų st. S direction to Naugarduko st., 6 by Naugarduko st. W direction to Mindaugo st., by Mindaugo st. N direction to K. Kalinausko st., by K. Kalinausko st. E direction to Pylimo st., by Pylimo st. N direction to Jogailos st., Jogailos st. N direction to Gedimino pr., by Gedimino pr. E direction to Vilniaus st., Vilniaus st. N direction to Žaliasis bridge. 1.3.2.2. The Boundaries of the Buffer zone of Vilnius Old Town This Zone includes urban areas (Naujamiesčio, Žvėryno, Antakalnio ir Paupio) the boundaries of which have been legislated by the Order of Director of Cultural Heritage Department under Ministry of Culture No. H67 „On Approval of the provisional regulation on protection of the World Heritage Site - Vilnius Old Town – Monument of Culture U1P “. The boundaries of the urban complex of cultural heritage of Šnipiškes – Part One (the Skansen - 7,87 ha) and Part Two (the Piromont -1,14 ha) are legislated by a special plan and adopted by Decision of Vilnius City Council No. 1-1083 of June 17, 2009 „On adoption of the special plan for heritage protection of Šnipiškes – the part of the area of municipality of the City of Vilnius“. According to the Protocol No. 7 of the Assessor Council of Immovable Cultural Heritage of Cultural Heritage Department under Ministry of Culture of May 9, 2006 the urbanized site UV70 is currently being divided into separate urban entities, précising the data in the Registry of Cultural Heritage. Regulatory parameters for protection the values of Naujamiestis, Žvėrynas, Antakalnis and Paupys shall be determined separately from requirements for protection of the Vilnius Old Town, drafting dedicated special plans for the said areas. The position expressed in the Official plan of Vilnius to 2015 Main drawing and written regulations, that “8. Taking into account urban situation, regulations for building can be tightened” is assessed, and the boundaries of Vilnius Old Town, presented in the main drawing, are revised coordinating them with legitimised boundaries of the plots. In the Official plan it has been suggested that the zone of strict regulations of Vilnius Old Town will be assessed when regulations for the Buffer zone are drafted, so it is not presented in the main drawing, because notion of “zone of strict regulations” is not present in the current legislation. The Buffer zone of Vilnius Old Town and other urban reserves suggested by the Official plan is revised to match legitimised boundaries of the plots and digitised boundaries of the adjacent protected areas. Chapter 4.4.4. “Priorities of protection, revitalisation and management of Vilnius Old Town” emphasises that “it is proposed to adjust the Buffer zone of Old Town, the boundaries of which are presented in the main drawing of solutions of the Official plan”. From the North and South sides the boundary of the Buffer zone is formed following analysis of terrain, presented in Volume 2 of this special plan “The Analytical part of the special plan”. 7 From the East side boundary of the Buffer zone of Vilnius Old Town coincides with coordinated boundaries of Pavilnis regional park which have been digitised already. From the West side, the Buffer zone is adjacent to the digitized boundaries of the area of Karoliniškės landscape reserve. Having assessed analysis of the altitudes of terrain, the conditional absolute altitudes, and distances, the Buffer zone in North West includes the geomorphologic reserve of the Šeškine hillsides. In this area he height of eventual new buildings is not regulated, although looking from the control points of the views of Vilnius Old Town in this sector it especially influences the silhouette. The area of Vingis Park U53, approved by the Director of Cultural Heritage Department April 18, 2005, lies in comparatively low place of Vilnius, thus it is not included into the Buffer zone. The Boundaries of Vilnius Old Town and its Buffer zone are drafted in close collaboration with the authors of the Vilnius Official plan to 2015; according to their opinion, the variant of Boundaries in this special plan do not contradict the Official plan. The area of the Buffer zone of Vilnius Old Town, once the boundaries are coordinated in the State system of coordinates LKS-1994, is 1912,24 ha. DESCRIPTION OF THE BOUNDARIES OF THE BUFFER ZONE: From Geležinio Vilko st. and Žalgirio st. crossing, by Žalgirio st. E direction to Apkasų st., by Apkasų st. NE direction to Minties st., by Minties st. E direction to Šilo bridge, by Šilo st. E direction to Volungės st., by Volungės st. S direction to Šilo st. 27 plot S boundary, then SE direction to boundary of Pavilnių regional park area, by boundary of Pavilnių regional park area to Ribiškių Didžioji st, by Ribiškių Didžioji st. W direction to Dunojaus st., by Dunojaus st. SW direction to Liepkalnio st., by Liepkalnio st. SE direction to Jotvingių st., by Jotvingių st. W direction to Kapsų st. , by established Kapsų st. red lines, by Kapsų st. W direction to Šaltkalvių st., by Šaltkalvių st. W direction to Prūsų st., by Prūsų st. W direction to building Prūsų st. 30, 8 From building Prūsų st. 30 W direction to Iešmininkų st., by Iešmininkų st. W direction to Burbiškių st., by Burbiškių st. N direction to Naugarduko st., by Naugarduko st. NE direction to Žemaitės st., by Žemaitės st. NW direction to V. Pietario st., V. Pietario st. N direction to Geležinio Vilko st., by Geležinio Vilko st. NE direction to Vingis park – area of cultural heritage property US3 E boundary corner, by E boundary of Vingis park (US3) area N direction by Neris river to Neris river NE quay, By Neris river NE quay (on Žvėrynas side) NW direction to Karoliniškės landscape reserve, By Karoliniškės landscape reserve's area S - N boundary to northernmost point of the area of reserve, From northernmost point of the area of reserve to plot Ozo st. 39 easternmost point, from plot Ozo st. 39 eastern boundary to N to centre of Ozo st. line dividing opposite lanes, by Ozo st. E direction to the centre of two level crossing with Geležinio Vilko st., by Geležinio Vilko st. S direction to crossing with Žalgirio st. ESSENTIAL NOTION: Until the Concept of special plan of heritage management project of the Vilnius Old Town (unique code of immovable heritage property 16073, former code U1P) is approved in the areas which by this special plan have been included into the Buffer Zone, regulations stipulated by the Official Plan of the City of Vilnius to 2013 and other legislation remain valid in the said areas. 9