NSS canceled the building ban in the development area of Letňany-Kbely

Brno - The Supreme Administrative Court (NSS) has annulled the building ban in the so-called large development area Letňany-Kbely in the northeast of Prague. It was in conflict with the law and lasted too long. The court thus granted the request of the owner of two plots in the development area. The Czech News Agency (ČTK) was informed today by NSS spokesperson Sylva Dostálová.
      The large development area of Letňany-Kbely covers parts of the cadasters of Prosek, Čakovice, Kbely, and Letňany. Prague announced a building ban there approximately 12 years ago. However, at that time, the city was not preparing urban planning documents, which is a legal requirement for declaring a ban. According to the NSS, this makes the ban unlawful.
      The court also considered that the city had not approved any detailed documentation in the past 12 years. Therefore, according to Dostálová, the judges concluded that the current duration of the building ban is disproportionately long, especially given it is accompanied by "absolute inactivity of the City of Prague in fulfilling the purpose for which it was declared, namely the approval of more detailed urban planning documentation."
      According to the Supreme Administrative Court, the city opted for the simplest solution regarding the future of the area - a building ban. However, it resigned from further action. "Overall, it is evident from the statements of the respondent (the City of Prague) and the materials submitted by it that there is ambiguity, or rather helplessness, regarding how to handle the subject location. However, this cannot burden the applicant (landowner), who is negatively affected in their rights by the inactivity of the respondent," reads the decision.
      The building ban was graphically defined in the appendix to the generally binding decree from 1999. The Supreme Administrative Court annulled the disputed part of the decree but left the rest in effect. Other large development areas of Prague are not affected by today's decision, and their bans remain in place, Dostálová emphasized.