NSS annulled the change in the zoning plan of Hlučín

Brno - The Supreme Administrative Court (NSS) annulled the amendment to the zoning plan of Hlučín in the Opava region, which allowed for the construction of commercial and business operations on 4.5 hectares of arable land. The Hlučín council made procedural errors during the approval of the amendment in June of this year. The amendment concerned an area west of the former barracks by the road to Opava. Agricultural land was to be newly designated as "land for business activities."
The council's error lay in the fact that they did not have available an opinion on compliance with the new Principles of Regional Development of the Moravian-Silesian Region when approving the zoning plan amendment. "Such an opinion not only is absent, but the author (the city of Hlučín) did not even request its issuance. They should have done so, especially since they were evidently aware that the Principles of Regional Development of the Moravian-Silesian Region had been issued," ruled the NSS panel chaired by Miluše Došková. The council only had an outdated opinion from a time before the regional principles were approved.
The proposal to annul the seventh amendment to the Hlučín zoning plan was submitted by two individuals who own properties near the affected area. They raised several other objections against the approval process of the amendment as well as its content. However, the NSS found a mistake only in relation to the regional development principles.
The proposers extensively debated, for example, the considerations about building a shopping center with a shopping gallery on the disputed land. According to them, the implementation of the plan would mean a significant increase in both personal and freight vehicle traffic near their homes. However, the NSS did not address the objections regarding the shopping center because the zoning plan amendment was broader and allowed for other uses of the area for additional business activities.
"The planned construction of the shopping center was indeed a clear reason for the zoning plan amendment, but the specific conditions for placing the construction in the area and the realization of this construction are not addressed by this amendment. Therefore, it is not possible to weigh the objections of the proposers that, by their nature, oppose a specific realization in this ruling," ruled the NSS.
The Hlučín council decided in September of this year to initiate a new zoning plan. Residents can submit comments and proposals until January 31 of the following year.
The Supreme Administrative Court is authorized to review and annul generally binding measures, such as zoning plans and building moratoriums. This year, for instance, the court annulled building moratoriums in Jesenice and parts of Říčany near Prague and removed the delays of controversial expressways from the zoning plans of Drásov in the Brno region and Perná in the Břeclav region. For several months, the court has been dealing with the zoning plan of Rybitví in the Pardubice region regarding a controversial hazardous waste incinerator project.