Towns can protect their territory with a construction ban

Brno - Cities and municipalities can protect their territory from undesirable constructions through a building prohibition regulation. This was stated today by the Constitutional Court when it intervened in the long-standing dispute of Pozlovice in the Zlín region with the state. It rejected the majority of the proposal submitted by the Minister of Interior to annul the regulation on the prohibition, which the municipality used to resist the construction of high-voltage pylons. The court only abolished one of the provisions that regulated the granting of exemptions from the building prohibition.
The prohibition prohibits the construction of buildings in part of the municipality that would significantly disrupt the character of the landscape, such as the pylons. The Ministry of Interior claimed that the municipality exceeded its powers. According to the chairman of the Constitutional Court, Pavel Rychetský, the purpose of the building prohibition is to protect the territory. "This purpose does not deviate from the limits set by law," stated Rychetský.
The mayor of Pozlovice, Olga Tkáčová, considers today's ruling a victory for the municipality. "We have clarity for a longer period; high pylons are no longer a threat. Designers must respect our conditions," she told ČTK. The building prohibition stipulates that pylons in forested areas must not exceed 15 meters, and in open country, the wiring must be placed underground.
Today, the court only annulled the provision regarding the exception, which could be granted by the city council according to the original text of the regulation. "The council cannot expand its powers through its own regulations," warned Rychetský.
The electrical wiring that the residents of Pozlovice oppose is intended to connect Slušovice and the town of Slavičín. The new supply is urgently needed in Slavičín. In Pozlovice, located at the foothills of the White Carpathians, they concluded that thirty-meter pylons would mar the recreational area. The residents of Pozlovice advocated for underground power lines, which, however, the energy company dismissed as an unproven experiment. The dispute has been ongoing for 17 years.