Activists have filed a lawsuit against the update of the Brno zoning plan

Source
Lenka Horáková

Publisher
ČTK
19.11.2014 20:00

Brno - Activists from the Nesehnutí movement today filed a lawsuit against the city council at the Regional Court in Brno regarding this year's approved update of the Brno zoning plan. They are demanding its cancellation, Hana Chalupská from Nesehnutí told ČTK. Activists and also, for example, the Green Party criticize the document for allowing construction in green park areas or within residential blocks and for legalizing illegal constructions. Deputy Mayor Ladislav Macek (ČSSD), who was responsible for the preparation of the update, is not worried about the court. He believes the change is justified.
    The decision will be made within three months. "The court will decide on the proposal to annul the general measure or its part within 90 days from its acceptance," said ČTK spokesperson Lenka Smutná Polachová.
    The lawsuit was filed by 15 people. "The outgoing city management ignored more than 2300 people who submitted comments this February. They also disregarded a June appeal from over 400 people not to approve the update. There was nothing left to do but sue over the zoning plan change," said Chalupská.
    According to her, the new coalition made up of the ANO movement, Žít Brno, the Christian Democrats, and the Greens committed to revising the update. "A successful lawsuit will significantly ease and accelerate this process, as it will allow for a fresh start. We hope that the new council will ensure public involvement in working on such fundamental documents," Chalupská added.
    The lawsuit, besides specific arguments from property owners and associations, particularly points to serious defects in the process of preparing and approving the update. "It also highlights numerous significant systemic flaws in its content, which cause incomprehensibility and lack of reviewability," informed lawyer Jiří Nezhyba from the Frank Bold Environmental Legal Service, who will represent the activists. Frank Bold has already succeeded in court with dozens of zoning plans.
    According to Chalupská, some aspects of the update are good, but the bad aspects, such as construction in green areas, increasing the floor space index, or favoring developers, outweigh them.
    However, Deputy Mayor Macek previously rejected this. "The update does not favor anyone; we developed it for the benefit of the city. I believe it stands a good chance in court," Macek told ČTK.
    Brno councilors approved the update in June. It amended a 20-year-old zoning plan. The city council responded to the current needs of the city until a new zoning plan can be prepared.

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