The court annulled the decision regarding the revitalization of Wenceslas Square

Publisher
ČTK
03.05.2018 16:30
Czech Republic

Prague

Prague - The Municipal Court in Prague today definitively annulled the decision of the Prague Magistrate, which allowed for the revitalization of the lower part of Wenceslas Square and included the plan for the construction of access ramps to the parking garages of a private investor. It thus upheld the complaint of associations focused on the protection of cultural monuments and territorial development. This was reported to ČTK by court spokesperson Markéta Puci.


The Club for Old Prague and the Pankrácká Society successfully challenged the magistrate's decision from last August, which dismissed their appeal against the building authority's permit for the revitalization of the square. They pointed out that the procedure that preceded the magistrate's decision was unlawful.

The essence of the dispute concerned the Ministry of Culture's procedure in assessing the opinion of heritage protectors. The ministry was originally against the construction of the access ramps, but after intervention by then-Minister Daniel Herman (KDU-ČSL), it reversed its stance and gave the project the green light.

"The court found that during the appeal process against the zoning decision, a procedural error occurred that could have affected the legality of the contested decision in the matter itself,"
the spokesperson stated. Herman had reviewed and annulled the original opinion of his heritage protectors in a shortened review procedure. "That is, without allowing all participants in the appeal process to express their opinions," the court noted.

According to the judicial panel of Viera Horčicová, which decided today in a closed session, this error was significant and could have influenced the subsequent decision of the magistrate regarding the revitalization. The magistrate will now have to ensure, in cooperation with the Minister of Culture, that the opinion of the ministry's heritage protectors is reviewed in a proper procedure. "In such a way that the rights of all affected parties are respected - this means that the review procedure will take place with their participation," the judges stated in the ruling available to ČTK.

Critics of the access ramps have previously pointed out that their construction is contrary to the interests of state heritage protection and will bring additional traffic, noise, dust, and emissions to the city center. They also noted that the solution for access to the underground garages would only be beneficial for servicing the planned commercial buildings in the courtyard, which is not in any respect a part of the public interest.
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