The ODS will likely support the suspension of the zoning plan on Thursday

Source
Šárka Dvořáková
Publisher
ČTK
04.06.2012 20:25
Czech Republic

Prague

Prague - Representatives of Prague from ODS are likely to support on Thursday the proposal of TOP 09 to halt the preparation of a new planning document and prepare another one. According to information from ČTK, the proposal is supported by Mayor Bohuslav Svoboda, the representative club, and the leadership of Prague ODS. The decision is likely not to be questioned by the Ministry of Regional Development (MMR), which previously had reservations. According to information from ČTK, this follows from a letter sent by Minister Kamil Jankovský to the capital city.

The representative council was supposed to approve the proposal already twice. Before the last meeting, however, a letter from MMR arrived at the city hall, which criticized Prague's procedure. The materials presented by Deputy Mayor Tomáš Hudeček (TOP 09) were withdrawn from the agenda because of this. Prague then asked the ministry for a statement on whether the metropolis's approach is in accordance with the law.
According to information from ČTK, the ministry in a letter delivered to the city hall today claims that the representative council has the authority to decide on the planning document. "I do not, in any way, question the authority of the self-governing bodies of the capital city of Prague to decide on matters of the future development of the city. However, I am compelled to point out the potential risks that may arise from some aspects of an unwarranted replacement or cancellation of the current planning instruments," the minister states according to information from ČTK in the letter.
The ministry warns, for example, of possible lawsuits from investors and landowners who expect that the planning document will be approved in their favor. According to Ivan Karfík from the law firm DLA Piper, such lawsuits, which would presumably be based on the institution of legitimate expectation, would have minimal chances of success. Karfík told ČTK that Czech law does not grant compensation to owners in such cases. On the European level, several such disputes have occurred, but according to Karfík, they have always ended in failure for the plaintiff.
"The changes that the representative council will decide on Thursday are, according to available legal analyses, entirely in accordance with the valid building law and implementing decree. There is nothing to prevent acceptance," Deputy Mayor Hudeček told ČTK.
Hudeček wants to prepare a simpler planning document than has been thus far, and the document should only specify the maximum load of the area. According to Hudeček, there will not be a need to change the plan frequently, thus limiting the space for corruption.
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