Olomouc may introduce a construction moratorium in the amendment of the zoning plan

Publisher
ČTK
17.11.2015 20:20
Czech Republic

Olomouc

Olomouc - The Olomouc city hall can address the problem of height regulation for new buildings around the historical center, which will cease to be valid from the beginning of next year due to a ruling by the regional court, by implementing a building moratorium. This would give the city more time to adjust the new zoning plan and would protect it from the risk that, in the meantime, a high-rise building will be developed in this part of Olomouc. This follows from the ruling of the Supreme Administrative Court (SAC), where Olomouc was unsuccessful with its cassation complaint.

The Regional Court in Olomouc canceled the height regulation in part of the new zoning plan in February, which prevented the construction of the 75-meter-tall Šantovka Tower next to the historical center. The city was sued by the company Office Park Šantovka. However, the city hall was given time until the end of this year to better justify the permitted height of new buildings in this part of Olomouc. The municipality argued in its complaint to the SAC that the deadline set by the court for amending the zoning plan could not be met, but it was unsuccessful.

The SAC noted in its ruling that if it is not possible to change the zoning plan in time, it sees no reason why the city hall could not issue a decision on a building moratorium. This would prevent the problems the city fears in its cassation complaint. "From a careful reading of the SAC's ruling, it practically results in advice addressed to the city of Olomouc to use the tool of a building moratorium to bypass the unachievable condition of timely approval of the change of the zoning plan," commented on the SAC's verdict the Society for Beautiful Olomouc, which has long criticized the planned high-rise building.

According to the original schedule, the draft amendment to the zoning plan was to be completed by May, so that it could be debated and prepared for approval in January. However, the preparation has fallen several months behind, meaning that height limits will cease to apply from January. The city will discuss the proposed change to height regulations in the new zoning plan with authorities, including the Ministry of Culture. It is not possible to estimate when it will be ready for approval. According to the initiative Citizens Against Šantovka Tower, the investor will thus have at least four months after the New Year to obtain a zoning decision.

Deputy Mayor Aleš Jakubec (TOP 09) previously suggested a temporary building moratorium, but the councilors disagreed. City hall spokesperson Radka Štědrá told ČTK that the councilors will discuss the issue again at one of the upcoming meetings. "Including measures of general nature (building moratorium), which the city leadership is authorized to issue," she added.

The investor's lawyer argued in court that the city leadership had known about the heights of the planned Šantovka complex buildings since 2008 and had expressed support for these plans under the condition of "high architectural quality." The developer then launched a project worth ten billion CZK, which includes a shopping center, Šantovka Tower, administrative buildings, and residential houses. However, the Ministry of Culture prohibited the construction of high-rise buildings near the protected monument, which was reflected in the new zoning plan. Some experts also disagree with the construction of Šantovka Tower, claiming it would damage the panorama of the historical center. The investor has a contrary opinion.

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