The Regional Authority of the Central Bohemian Region has announced the publication of the 3rd and 10th updates of the Principles of Territorial Development of the Central Bohemian Region, which, among other things, define elements of the territorial system of ecological stability (ÚSES). The updates came into force on 9 November 2023 and are available on the website of the Regional Office.
What are the consequences of updating or issuing new spatial development principles (ZUR) for municipalities in general?
By law, the municipality is obliged to continuously monitor and evaluate the implementation of the master plan. If there is a change in the conditions on the basis of which the effective zoning plan was issued, the municipality is obliged to make an amendment. The municipality must also examine whether the zoning plan (or part of it) prevents the implementation of the plan contained in the spatial development principles. The law further implies that a part of the zoning plan cannot be decided upon if the zoning plan is in conflict with the superior spatial planning documentation, i.e. also in conflict with the regional spatial development principles. In view of these reasons, the municipality is thus obliged to bring the zoning plan into compliance with the (updated) principles without delay, no later than when the first amendment to the zoning plan is made after the zoning development principles or their update come into force. In the meantime, it is possible to take decisions in the territory directly on the basis of the spatial development principles. The spatial plan shall not be applied to the extent that it contradicts the principles.
It follows from the above that in the event of a contradiction between the principles of territorial development of the region or their update and the municipality’s land use plan, the municipality should proceed to an extraordinary change of the land use plan. The municipal council is entitled to decide on this change, including its content. The municipality does not have to prepare a report on the application of the land-use plan prior to this decision. The municipality will then follow the standard procedure.
Issuance of spatial development principles or their update also affects the process of developing the master plan. Before issuing a zoning plan, the municipal council is legally obliged to verify that the draft zoning plan does not contradict, among other things, the principles of spatial development . If the council finds that the draft master plan is inconsistent with the current principles, it cannot issue it in this form and must rework it.
What are the implications of updating or issuing new land development principles (ZUR) for property owners in general?
Principles of territorial development can have a significant impact on the possibilities of using a particular territory (ZUR can e.g. define new supra-regional elements of the territorial system of ecological stability or new corridors of public transport and technical infrastructure). If you own a property located in the region’s district, we recommend checking the currently effective spatial development principles to see if your property is affected by the new measure.
And is there any way to defend against the wording of the spatial development principles or their update?
Principles of spatial development, including updates, are issued in the form of measures of a general nature. It is possible to defend against the spatial development principles or the update by initiating a review procedure or by filing an administrative action.
If you believe that the spatial development principles or their update are illegal and have been issued in violation of legal regulations (e.g. the procedure for their issuance has not been followed, they are in violation of the spatial development policy), you can file a petition for review of the principles (or update) with the Ministry for Regional Development. Anyone can file a petition to initiate review proceedings. However, there is no legal right to initiate review proceedings (thus the Ministry does not have to initiate the review procedure at all). The Ministry is entitled to conduct the review proceedings within one year from the date on which the spatial development principles or their updates came into force.
Another possible defence against the effective spatial development principles or their update is to file a petition for annulment of the principles or their part (including the update) in court. Anyone who claims to have been deprived of his or her rights by the measure issued may file such an application. The procedure is similar to the procedure for filing a petition to repeal a part of a zoning plan, which was discussed in the previous article.
Conclusion: if an update of the spatial development principles has been issued, it is necessary for the municipality located in the given district of the region to verify the compliance of its effective spatial plan or its proposal with the updated spatial development principles.
This article is for informational purposes only and does not constitute legal advice or guidance for any particular case.
If you would like more information in this regard, please do not hesitate to contact us. contact us.