Opponents of Brno's zoning plan want to have it reviewed by the court

Brno - The legality of Brno's urban plan, the final draft of which will likely be approved by representatives at Tuesday's meeting, will probably be reviewed by the court. This was stated in a press release today by Michal Závodský, who is involved in the urban plan in Brno as an active citizen and representative of various associations. He is currently behind the initiative Proper Lawsuit, which brings together those who disagree with the proposed urban plan and see it as a potential deterioration of living conditions in the city, and plans to submit a proposal for judicial review.

Opposition to the proposed urban plan has already come from mayors of some city districts, as well as from the opposition parties ANO and SPD. The coalition Pirate Party still has no clear position. The coalition also includes the ČSSD, whose mayors are vocally opposing it. The strongest coalition party, ODS, has reservations about the plan, and its definitive stance is still unclear. Only the Christian Democrats firmly support the urban plan, under whose stewardship it has been developed over the past four years. According to them, it meets all the requirements placed on an urban plan.

The Proper Lawsuit initiative is preparing a crowdfunding campaign to raise money for legal representation. The goal is to raise at least 300,000 crowns.

The main risk is seen in how generally the plan is structured. Brno prepared it to be flexible. "It is not clear to anyone what such an approach will bring. People may experience unpleasant surprises if their neighbor decides to build a multi-story apartment building next to a family house. At that point, it will not be possible to oppose such an intention because the objections that could be raised during the preparation of the urban plan can no longer be applied to a specific intention in urban or building proceedings. Therefore, it is crucial to have the entire document reviewed by the court at the beginning of its validity," Závodský stated.

The flexibility of the proposal also lies in the fact that to obtain permission for a construction project, it will be sufficient to meet "an acceptable degree" or not to contradict "the character of the area". "The authors also too often use terms like 'mostly', 'conditionally', or 'generally'. However, it cannot be said how the authorities will interpret these terms in case of future disputes. There is a significant risk that they will be interpreted very broadly and creatively, which could have negative impacts on the lives of a large number of Brno residents," Závodský added.

In rejecting a number of objections to the proposed urban plan, the author, which was the Office of the Architect of the City of Brno, wrote that a sufficient guarantee of correct decision-making is "the abilities of a very qualified expert judgment of the relevant public administration authorities and the efficiency of the permitting process for projects". According to opponents, there are numerous examples in Brno where expert judgment has failed. For instance, in the approval process for the Velký Špalíček, Anenské terasy, Kamechy housing estate, or Sadová. While experts still consider Velký Špalíček to be an insensitive intrusion into the historical center, Kamechy and Sadová struggle and will continue to struggle with the lack of civic amenities.

According to the initiative, the proposed urban plan contains many debatable and treacherous aspects, such as the height level of buildings. "The document does indicate a maximum height, but it is measured only from the street side, which can be problematic for buildings on a slope. Moreover, the height is specified only up to the start of the roof. The possibility of another new feature - so-called local landmarks, which can be several floors higher than the surrounding buildings - is also controversial," Závodský stated.

Like the mayors of the city districts, he noted that the only ones enthusiastic about the new urban plan are developers. Mayors are concerned about the densification of developments at the expense of green spaces and the environment for residents, as well as poor protection of greenery. The initiative calls on everyone who dislikes the proposed urban plan to join the lawsuit.