The court canceled the update of the Brno zoning plan

Ladislav Macek (ČSSD): "Very bad news for Brno."

Brno - The Regional Court in Brno yesterday revoked the update to the Brno zoning plan that was approved by councilors last June. Therefore, the twenty-year-old zoning plan remains in effect. The court was approached by 15 plaintiffs led by the Nesehnutí movement. They sued the city council and demanded the annulment of the update because they claimed it allowed for the legalization of illegal constructions, construction in green areas, increased floor space index, and favored certain developers.
    The legal representative of the plaintiffs, Jiří Nezhyba, called the update illegal and unreviewable. Due to the unreviewability of certain parts, Judge David Raus annulled the update. According to Raus, the preparer did not justify some changes to functional areas or the increase in the floor space index. It was not clear, for example, why some areas designated for greenery became construction sites, or why it was possible to build tall buildings in some places. "Thus, the preparer violated the correct rules, which are the basic prerequisite for the court to be able to review the process," Raus added, stating that a cassation complaint could be filed against the decision to the Supreme Administrative Court.
    Nezhyba welcomed the court's decision. "All along, we pointed out that the city council lacked clear rules when creating the update. Some changes were not justified, which is necessary," Nezhyba stated. Hana Chalupská from the Nesehnutí movement was also satisfied with the verdict. "Thousands of people turned to us, for whom the court's decision is the best feedback. Now we will keep an eye on the new city council to ensure it includes good things in the zoning plan such as flood protection measures," Chalupská told ČTK.
    The update was supported last June by the former city council comprised of ČSSD and ODS, which was replaced after the elections by ANO, Žít Brno, the Christian Democrats, and the Greens.
    Former Deputy Mayor Ladislav Macek (ČSSD), who was responsible for the preparation of the document, considers the court's decision to be very bad news for Brno. "For the local interests of small groups of people, the city's development has completely stalled because a new zoning plan is not in sight," Macek told ČTK. A new zoning plan cannot be created due to the fact that the court annulled the Principles of Spatial Development of the South Moravian Region in 2012, which the city plan must follow. Therefore, Brno must wait for new principles.
    Former Deputy Mayor Robert Kotzian (ODS) called on the current administration to defend itself by all available means and utilize the cassation complaint. Current Deputy Mayor Martin Ander (SZ), who had previously criticized the update for the same reasons as the activists, does not consider a cassation complaint to be the best step. "After receiving the ruling from the court, the council will address the situation. However, I will recommend not filing a cassation complaint," Ander told ČTK. According to him, it would be better to gradually incorporate the necessary items into the zoning plan. These include flood protection measures or support for cycling,” Ander added.
    The zoning plan for Brno dates back to 1994. Until last year's approval of the update, it had not undergone any significant changes.