The court in Brno recognized the lawsuit against the magistrate regarding the change in the zoning plan
 Brno - The Regional Court in Brno today upheld the complaint of the Green Party against the actions of the Brno City Hall regarding changes to the zoning plan in 2011 and annulled the change. According to the Greens, the change allowed the family of Deputy Mayor Ladislav Macek (ČSSD) to legalize a playground and pool built illegally at their family cottage. The change to the zoning plan was unlawful, said court senate member Petr Pospíšil. The head of the Brno Greens, Martin Ander, considers the decision to be correct. The City Hall is considering filing a cassation complaint. Ander pointed out in court that the change was carried out secretly and without discussion in the council by civil servants from the City Hall, who report directly to Deputy Mayor Macek. The court agreed with him on this matter. "The respondent effectively changed the binding part of the zoning plan through their actions. This constituted an illegality and violated the rights of the petitioner as a city councilor to exercise their mandate," stated Pospíšil. The defense proposed rejecting the complaint due to the obvious lack of legitimacy of the petitioner and its inadmissibility. They also argued that the petitioner purposefully combined several issues and that more than 30 similar changes occurred in the same year. However, the court did not consider any of this. "Not only the councilors but also the public lost their right to decide, a public that should be informed about such matters and make decisions regarding them. The court's ruling shows that citizens will continue to have this right," said Ander. The City Hall is not aware of any wrongdoing. "We respect the court's decision, but we are considering filing a cassation complaint. We believe we acted in accordance with the Building Act," said Brno spokesperson Pavel Žára in response to a query from ČTK. The playground with the pool was, according to the Greens, created partly on family land and partly on city land, which the family rents from the Forests of the City of Brno. "Neither the family land nor the rented land was designated for construction," warned Ander. He added that next to the family and rented land are other city plots where the possibility of construction for recreation and public sports existed. "After the change to the zoning plan in August 2011, the usage was exchanged. The Deputy Mayor Macek's family land, along with the rented plots, became construction land, while the city land remained an undeveloped area of greenery," Ander said. Deputy Macek did not comment on the matter. "This week I am on vacation outside the Czech Republic. I am not familiar with the court's decision and have no way to comment on it. Martin Ander filed a lawsuit against the city hall as a public administration body, and I have never interfered with public administration," Macek responded to ČTK's inquiry about the ruling. He added that at this point he cannot even determine what councilor Ander achieved in court. "It is not yet possible to say what will happen to the playground and pool now," Ander told ČTK. "It depends on the legal assessment. In June, an update was approved that actually benefits some people in similar cases of legalizing illegal constructions. Previously, the zoning plan protected the greenery, but the update abolished recreational greenery and introduced a general category of greenery where a certain form of construction is possible. It will therefore be necessary to assess whether the pool and the playground are in accordance with the new zoning plan," Ander added. The update, which took effect this August, changed a 20-year-old zoning plan. The city hall reacted to the current needs of the city until a new zoning plan can be created. The English translation is powered by AI tool. Switch to Czech to view the original text source.
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