The court rejected the proposal to abolish part of the zoning plan of South Moravia

Publisher
ČTK
20.03.2018 15:00
Czech Republic

Brno

Brno - The Regional Court in Brno rejected the proposal to annul part of the principles of spatial development of the South Moravian Region, which concerns transportation concepts. The proposers, represented by "the municipality of Blažovice and others," disagreed with the routing of corridors and the alleged misuse of spatial reserves. However, the court stated that it was not its role to assess the correctness of the concept and only evaluated the legality of the spatial plan. It also did not conclude that there was a misuse of spatial reserves, said court spokesperson Eva Sigmundová in a press release.

The full version of the judgment will be published only once it has been received by the parties to the dispute. The ruling was sent out by the court today.

The proposer generally questioned the road transport development plan and pointed out its impact on the environment. According to them, the impacts on public health were insufficiently evaluated, and the cumulative effects of the transport concept on the environment in individual affected cities (Brno, Znojmo, Mikulov, Břeclav) and on protected areas in the European Natura 2000 network would accumulate. "The court found no objections from the proposers to be justified," said Sigmundová.

The court emphasized that substantial interventions into spatial planning documents are reserved only for serious errors in the approval process of the principles of spatial development. "It is not for the court to assess the suitability of the chosen solutions, but only their legality," the spokesperson said. According to the court, it is significant that the principles of spatial development themselves do not specifically locate individual constructions, thereby preserving the space for their detailed assessment in subsequent proceedings under the Building Act.

Many municipalities, associations, and individuals are bothered by the approach of the former leadership of the region, which issued the spatial plan without resolving transportation constructions in Brno and its surroundings. They are only now processing a study intended as a basis for the update of the principles. The optimistic outlook is that the update will be completed by the autumn of 2020. Only then will it be possible to prepare key constructions, namely the capacity road 43 from Brno to the north and other road and highway constructions primarily in the south, southwest, and southeast of Brno. There has been a long-standing heated dispute about their routing.
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