Brno will contest the cancellation of part of the zoning plan with a cassation complaint

Brno - Brno will defend itself against the cancellation of part of the zoning plan in the area east of Mendlovo square by filing a cassation complaint to the Supreme Administrative Court, said the spokesperson for the city hall, Filip Poňuchálek, to ČTK. This is a reaction to the ruling of the Regional Court in Brno on Monday. According to the court, the city did not address the objections and comments of the property owner, Oltec, and disproportionately restricted its property rights. City hall staff are now familiarizing themselves with the ruling and working on a legal and expert analysis.

The company owns properties on land between the Faculty Hospital of Saint Anne and Hybešova and Václavská streets. The core of the dispute has become two so-called breakthroughs, namely the extension of Hybešova and Ypsilanti streets. Hybešova street would essentially be straightened and would lead directly into Mendlovo square, as would Ypsilanti from the south. These plans were included in the zoning plan from 1994, yet the city has not taken steps in 30 years to realize this vision. That these plans were already included in the zoning plan from 1994, as well as the new one, significantly restricts the owner's ability to manage the properties and make construction interventions.

According to Poňuchálek, this is not an intervention into the concept of the zoning plan, but only a partial definition of one specific development area. "It is not yet possible to draw specific impacts on the further development of the affected area," Poňuchálek stated. According to him, the city will use all available legal means to protect its interests and the continuity of urban planning. Legally, the affected locality is currently temporarily marked as an area "challenged by the court", which will remain in effect until the city prepares a change specifically for this area.

In February, the Supreme Administrative Court annulled part of the zoning plan concerning the area behind Lužánky, where the ice hockey stadium used to stand. In this case, too, the city did not address the objections of a neighbor who did not like that massive construction would be allowed there from his perspective. The city filed a constitutional complaint against the ruling, but the Constitutional Court rejected it. "The city is now analyzing the rationale for the mentioned decision and its impacts on further actions. At the same time, it is considering all available legal and procedural options that could lead to the protection of its rights and legitimate interests," Poňuchálek said. The city must also prepare a separate change to the zoning plan for this area.