Brno - The South Moravian Region is surprised by Tuesday's decision of the Regional Court in Brno, which annulled the corridor for the bypass of the city in the zoning plan of Znojmo, said councilor Antonín Tesařík (KDU-ČSL) today to ČTK. According to the leadership of Znojmo, the ruling does not apply to sections that already have building permits. The court decided that it is not possible to draw national roads in the zoning plans of municipalities without them being included in the principles of regional development, which is a superior document, said court spokeswoman Simona Tesařová to ČTK. The South Moravian Region does not have this document yet.
A written justification is not yet available, so the reactions of politicians are therefore reserved. Similarly, the Directorate of Roads and Highways (ŘSD) is currently unable to say what the decision may mean for the part of the construction that already has a building permit. This concerns the section from the Jihlava road to the intersection with Únanovská, which was supposed to start construction in the spring. "For now, there is no reason to stop the ongoing tender for the contractor. However, the overall assessment of the potential impacts on the investment will depend on further analysis of the newly created legal situation," said ŘSD spokeswoman Nina Ledvinová to ČTK.
The next section from Únanovská to the intersection with the II/412 road has been partially built for years but is not connected to the road network. The appeal zoning procedure for another section is not completed, and according to Ledvinová, the impact of the court ruling cannot be anticipated. For the other parts of the bypass, where zoning procedures have not yet started, the issuance of zoning decisions will likely be postponed, according to ŘSD.
Councilor Tesařík explained why a part of the bypass is not included in the draft principles of regional development. "One part is already built, another has a building permit. The part of the bypass running south of the completed road has been included by the regional office in the principles, including an evaluation of the impacts on the environment (SEA)," he stated. According to him, the court's ruling also goes against the amendment to the building act, which has been in force since January 1, 2013, and allows for roads of supra-local importance to be included in the zoning plan. Therefore, the region will recommend that the city file a cassation complaint.
Tesařová added regarding the court's ruling that while the region expressed agreement with the zoning plan of Znojmo, it can only comment on regional intentions, not nationwide ones, which is the case for the I/38 road.
The court's ruling has validated the leadership of Brno, which is delaying the creation of the zoning plan precisely because the region has yet to define supra-regional road corridors, primarily the R43. The region intends to keep this road in a land reserve from Lysice to the D1 at least until 2019, before updating the document. "It proves to be correct that we did not let ourselves be tempted by the count's advice of governor Hašek that we should take an example from Znojmo. We will carefully monitor the case law of the courts on which we will make our decisions, not based on the advice of politicians," said Deputy Mayor Martin Ander (SZ) to ČTK. He again urged the region not to postpone the definition of key roads, especially the R43, which will help address the illegal state regarding air pollution in the affected parts of Brno and the villages south of it.