In spatial plans, regulatory bubbles can be utilized, ruled the Constitutional Court

Brno/Pec p.S. - The urban plan for Pec pod Sněžkou in the Trutnov region can continue to utilize the principle of so-called regulatory bubbles, which the city hall claims will maintain the dispersion of construction in certain locations. The Constitutional Court (ÚS) today upheld the city's complaint, and the regional court in Hradec Králové must reconsider the plan. "We welcome the decision of the Constitutional Court, it is good news for the city," said Michal Berger, the city hall secretary, to ČTK.

Regulatory bubbles are imaginary circles around each building, the radius of which depends on the size of the building and the level of strain on the area. A condition for placing a new building is that the new bubble fits between the circles around existing buildings. This regulation applies only to the slopes, not to the developments along the two main streets in the Úpský valley and the valley of the Green Stream, where construction may be more concentrated.

"The principle of the so-called reg bubbles is to regulate construction in selected parts of the city both spatially and broadly. The aim is not to densify construction in certain locations, simply to maintain its dispersed character that has formed over centuries," Berger told ČTK. An example is Velká Pláň and Záhrádky, where scattered farms are located in the meadows, each having a so-called personal bubble proportional to their position in the terrain, within which they cannot interfere with each other.

"We incorporated this principle into the urban plan because it is fair for everyone; it does not take into account ownership relations. The advantage is that there are no predetermined plots set aside for construction or not, as in a classic urban plan. We aimed to reduce the influence of various speculators and interest groups," Berger stated to ČTK.

The city approved the urban plan in 2011. However, the regional office concluded that this type of regulation is not permissible, for example, because the principle of bubbles alters over time. The city unsuccessfully defended itself at the regional court and also at the Supreme Administrative Court.

However, the Constitutional Court upheld the principle of regulatory bubbles, stating it is not in conflict with the building code. Reporting judge Jan Filip compared the principle of regulatory bubbles to the floor area index used, for example, in Brno. The principle remains unchanged throughout the validity of the urban plan; the area and possibilities for placing additional buildings change, Filip noted. He also emphasized the importance of protecting Krkonošská nature. According to him, Pec pod Sněžkou is not the only Krkonoš village using regulatory bubbles.

The Constitutional judges annulled both verdicts but upheld the decision of the regional office. The regional court will now reconsider the city's lawsuit against the office's procedure. The urban plan remains in effect regardless of the ongoing proceedings based on the suspensive effect decided by the constitutional judges last year.

According to the Czech Statistical Office, Pec pod Sněžkou had 657 inhabitants at the end of last year. However, the town is also a ski and tourist resort, which reflects the interest in real estate and construction opportunities.