NSS: Authorities erred in approving Hornbach in Olomouc

Brno - Workers of the construction and regional office made mistakes while approving the construction of the Hornbach hobby market on Rolsberská Street in Olomouc. The construction office failed to address the objections of the owner of the neighboring property, while the regional office did not consider the opinions of health officials during the appeal process. This was reported today by spokeswoman for the Supreme Administrative Court (NSS) Sylva Dostálová. Hornbach has been in operation since last year, so the court's decision will not have practical implications.
    The owner of the adjacent property, Jiří Skopal, was particularly bothered by the fact that traffic on the busy Rolsberská Street would increase due to Hornbach. Noise levels in some areas had already exceeded permitted limits before construction. However, the construction office decided on his objections based on incomplete statements from health officials, which was, according to the NSS, a mistake. "It is essential for the construction office to request an expert opinion from the regional hygiene station regarding the raised objections, based on which it will then re-evaluate them thoroughly,” stated NSS judge Zdeněk Kühn.
    The regional office also made mistakes during the appeal process. The regional hygiene station reconsidered its stance and requested a new noise study. However, the regional office did not respond to this. "According to the NSS, the regional office was required to adhere to the new opinion of the hygiene station and to request additional documentation from the applicant for the zoning decision,” said Dostálová.
    Hana Mazurová from the Olomouc regional office told ČTK that the hygiene office gave a positive opinion on the construction and was supposed to state in the appeal process that it would respond to Skopal's objections if the builder provided additional documentation. "The hygiene office did not revoke its affirmative opinion on which the zoning decision was issued. They wanted to conduct a noise study only after the zoning decision was made. After the proceedings were closed. If they wanted this beforehand, we would have assessed it differently,” said Mazurová.
    Eva Čehovská from the Regional Hygiene Station (KHS) refused to comment on the case today, citing personnel changes. The employee who was responsible for the case has not been an employee of the KHS for several years. "I do not have the written decision of the court and I do not have all the necessary documentation and information. I cannot comment,” said Čehovská.
    The case is very complicated from a procedural standpoint. This year, the regional court annulled the zoning decision for the Hornbach construction for the second time, based on Skopal's lawsuit and the Hnutí Duha (Green Action) movement. The regional office filed a cassation complaint, which led to the Supreme Administrative Court addressing the issue. Although it has now annulled the decision of the regional court, it was only for formal reasons — Hnutí Duha, unlike Skopal, was reportedly not entitled to lodge a lawsuit. Otherwise, the administrative court criticizes the actions of officials in its decision and supports the environmentalists.
    "The regional court, which is bound by the legal opinion of the Supreme Administrative Court, will now have to reject the lawsuit from Hnutí Duha and annul the zoning decision again,” said Dostálová.
    Dominika Kovaříková from Hnutí Duha did not want to comment on the decision too much for now, stating that she would wait for the written version. She only mentioned that non-governmental organizations often have a more complicated position when filing administrative lawsuits than, for example, owners of adjacent properties. "It is therefore not unusual when the court rejects a lawsuit from a non-governmental organization, even though it raises the same complaints as a neighbor,” Kovaříková stated.
    Earlier, she told ČTK that the court disputes would likely not have an immediate impact on the operation of the Olomouc Hornbach. "Hornbach is already open today and it is hard to imagine that it would ever be removed. Unfortunately, this is typical of how authorities have tried to grant permission for the construction despite warnings from participants in the proceedings about noise issues,” Kovaříková stated in May.
    The hobby market stands near the exit to Přerov, which, according to opponents of the construction, is an unsuitable location due to the traffic load on the street. The permitting process began in 2003. The large retail store welcomed its first customers last October. According to earlier information from Hornbach representatives, the construction cost about 745 million crowns.