Prague - The Ministry of Culture has been considering the potential heritage protection of the building at the corner of Wenceslas Square and Opletalova Street for over six months. Meanwhile, a zoning procedure is underway at the Prague 1 building authority for the construction of a structure meant to replace the corner building. The advisory commission of the Minister of Culture has been reviewing the decision of the heritage department of the Ministry of Culture since December, which refused to declare the building a cultural monument. It is unclear when the ministry will decide whether the building will be protected by the state or not. When initiating the review procedure, the ministry indicated that it should not take longer than two months. During the procedure, the building is subject to protection, so the owner cannot dispose of it. The outcome of the proceedings will influence a significant investment. The owner of the building states that the project costs, including the purchase of the land and the building, reach billions of crowns; the new construction will cost a second billion. The owner perceives the ministry's actions as a delaying tactic and is considering legal steps. Flow East has owned the building since 1994. They have conducted numerous renovations and claim to have never had any indication that the building should be declared a cultural monument. Company representatives remind that there are 28 historical buildings on Wenceslas Square that have not been declared cultural monuments. At the Prague 1 building department, a zoning procedure is being conducted for the construction of a multipurpose building known as the Flower House at the site of the corner building. "A zoning procedure is conducted even if the project affects an occupied area. It is assessed whether the project is suitable for the given area," said Libuše Hlaváčková, head of the zoning department, to ČTK. Even if a final zoning decision is reached, it does not mean, according to her, that it "establishes the right to build." After the zoning decision, it is necessary to obtain a demolition permit and then a building permit. According to the Club for Old Prague, the investor seeks a zoning permit in order to have some administrative decision in hand; so far, they have none. In the event of a conflict with the state, they could argue based on acquired rights, the club states on its website. "Then there will be no authority that would deny them a demolition permit, because they will have some right acquired in good faith for the realization of the construction. Authorities are sensitive to this today," adds the club's chairwoman, Kateřina Bečková. The club submitted a request to suspend the zoning procedure due to the still unresolved review at the ministry. The documentation submitted for the zoning procedure is not identical to the documentation of the project that was authorized three years ago along with the demolition of the current building by Prague heritage specialists, according to the club. The binding opinion of Prague heritage specialists is considered illegal by the club; this was also found by the heritage specialists from the Ministry of Culture, who annulled it six months later, which was too late since this can only be done within two months. When the investor's intention with the building was made public in 2011, it triggered disapproval from some heritage conservation experts, leading to demonstrations against the project. Last year, the Ministry of Culture received two proposals to declare the building a monument. The heritage department of the Ministry of Culture stated that the building has its qualities, but did not declare it a monument because "the consequences of serious legal flaws" in the opinion of the Prague heritage specialists should not "heal the overestimation of the qualities of the building in question."
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