Monday , October 25 2021

Pec pod Sněžkou may use bubbles in the zoning plan, the Constitutional Court


Pec pod Sněžkou included in its zoning plan approved in 2011, the controversial regulatory bubbles or the imaginary circles surrounding each building whose radius is based on the level of load on the territory. The new building, with its balloon, had to enter the space of existing regulatory balloons.

However, the regional authority has not recognized such a procedure, for example due to bubbles, the principle of regulation is changing over time. The city fights in vain for a key document in the district and the Supreme Administrative Court. The Senate of the Constitutional Court, however, with Judge-Rapporteur Jan Philippe supported the unconventional funds in the Master Plan. According to the court's judgment, it is important that the adopted regulation does not contradict the Building Act.

"Such behavior can not be measured without any deviation from the limits of legality and constitutionality, unless it interferes with issues whose regulation is of national importance, not just as a specific territorial community of citizens," the judges said.

Specific territory

"The General Courts also do not sufficiently take into account the specificity of the territory due to the fact that the town of Pecs under Snezko is located in the middle of the Krkonose National Park, which is an objective reason for the adoption of land use planning," the judges added, that this regulation is repeated management of the park.

The Regional Court will have to deal with this dispute again. The land use plan, irrespective of the ongoing proceedings, remains in force on the basis of the suspensive effect determined by constitutional judges last year.

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