CZECH REPUBLIC PART I

Transcription

1 PART I Planning has a long history in the country as most towns and many villages have been planned since their origin in the 12th to 14th centuries. The first country wide planning and building legislation was enacted in the 1880s while national comprehensive planning was established in The planning legislation is based on the law from 1976 but it was several times amended, especially to meet new demands during the transformation since The present Czech physical planning system aims at preserving environment and natural resources, and at a balance in terms of social and economic development. The current Planning and Building Law (1976, 2000) defines the general aims of planning as follows: "Planning shall permanently and comprehensively indicate the use of land, set guidelines for land-use pattern and co-ordinate development as well as other activities that influence on development, in time and purpose. Planning shall establish prerequisites for the permanent compliance among all natural, civilisation and cultural values in the territory, namely in respect of environment and preservation of all its main elements - soil, water and air." 1. TYPE OF CHANGE The following changes are subject to planning control: General spatial arrangement and guidelines for development Environmental capacity of territory Extent of developable land (on the local tier of the planning documents) Land-use (on the local tier of the planning documents) Local regulation on developed and developable land (zoning regulatory plans) Transportation Network Utility systems: water and energy supply, drainage and sewerage, solid waste disposal, telecommunication Public facilities and services and specified public projects Territorial systems of ecological stability ( ÚSES : on supra-regional level a Czech parallel to EECONET; also regional and local ÚSES is involved in planning controls) Preserved zones for specific activities The planning controls shall fully respect the limits imposed by monument conservation, nature preservation, soil protection, raw material and water resources protection, flood protection, existing transportation network, etc. 2. WHO MAKES ARRANGEMENTS? Tier National Regional Local (municipalities & communities) Arrangements Planning and Building Law Other planning-relevant laws: Environmental Conservation Law, EIA, Civic Code, Community Act, Monument Conservation Law, Agricultural Land Protection Law, Road Act, Railway Act, Forest Act, etc. National decrees and guidelines on planning National data on territory (national statistics, census, national GIS) National Development Policy, National Strategy of Regional Development Sectoral Operation Plans (Physical) Plans of Region Regional Operational Policies (NUTS 2) Regional Development Strategies (strategic regional plans-nuts 3) Development Programmes Local plans: - Municipality / community plan - Regulatory (zoning) plan Local urban studies Existing planning permits & building permissions

2 3. WHO MAKES ARRANGEMENTS? CZECH REPUBLIC The respective representative body (local, regional) -Local Representatives or Regional Representativesapproves plans. The Ministry for Regional Development approves the regional plans that involve more than one region. The respective Council issues the obligatory parts of the plans as local/regional decrees (statutes). Public hearings, negotiations with relevant representatives of state interest and the report on legal compliance made by the superior planning authority shall precede the approval of the plan. Planning permits and building permissions are applied for and issued by the respective Building Authority. The decisions shall follow all obligatory guidelines and regulations established by planning documents in force. 4. WHO CAN OBJECT? Citizens can make comments at public hearings as well as writing during the one-month display term during each stage of plan preparation. Owners of real property affected by a change imposed by the proposal of a plan as well as the relevant representatives of the state interest are entitled to raise objections during the display terms. The respective procuring Planning Authority shall properly review each comment and each objection and proposal for the treatment shall be submitted before the corresponding approval body takes the final decision. The report on legal compliance made by the superior Planning Authority cannot be overruled by the corresponding approval body. Appeals against the decisions can be addressed to the superior Planning Authority.

3 Stage 1 Question 2a & b Country: Czech Republic 2a: Who makes arrangements or change 2b: What type of arrangement Level Size Description Name Scale Description 1 National 100 % Ministry for Regional Development Laws, Acts, Decrees Codes Guidelines on planning National Data on Territory Development Policies Strategy of Regional Development Plans Text Text & Maps Planning and building Law Environmental Conservation EIA, Community Act Road Act, etc. 2 Regional 14 Regions Regional Administration 3 Local 6,200 Municipalities & Communities Representatives (Council) Municipality Community Local Representatives (Council) Development Programs Local (Master) Plan 1: 50,000 1: 25,000 (1: 10,000) 1: 10,000 1: 5,000 (1: 2,000) Sectoral Operation Plan Physical Plan Regulatory (Zoning) Plan Local Urban Studies Existing Planning Permits & Building permissions 1: 2,000 1: 1,000 Norms, ordinances, densities, typologies Permits on buildings, land use, protection zone, land assembly, etc.

4 PART II LEGAL STRUCTURE Figure 1. Instruments of planning; the statutory instruments of physical planning defined by the Planning and Building Law (1976,2000) are shown in bold. Planning and Building Law (1976, with numerous amendments, last of which dates 2000) in the Planning Section and the Decree on Planning Data and Planning Documentation (1998) define the following instruments of planning (cf. Figure 1): - Planning data: territorial technical. data; area-specialised analytical study; prognosis; urban study - Planning documentation (statutory plans): (physical) plan of region; local (master) plan, regulatory (zoning) plan - Planning permit - on building; on land use; on protection zone or protected area; on building closure; on land assembly or subdivision. Partners and relationships among them in the process of statutory plan making are shown in Figure 2. Other relevant planning Laws are Environmental Conservation Law, Act and Decree on ElA, Civic Code, Community Act, Monument Conservation Law, Agricultural Land Protection Law, Road Act, Railway Act, Forest Act, etc. They establish the power of specialised state agencies to take part in negotiations of proposals for statutory plans and to raise objections within their respective responsibilities.

5 Figure 2. Partners and relationships in the plan making process; links show legally defined right to object / appeal (full) and informal involvement of particular parties (dashed) in the negotiation process ORGANISATION AND ADMINISTRATION OF PLANNING Tier Statutory planning Scale of the The "procurer" (body Statutory plan document main map responsible for planning) proposals approved by National Ministry for Regional Ministry for Regional Development Development Regional (Physical) plan of 1: Regional Regional Region - "greater 1: Administration Representatives territorial unit plan" (1:10 000) (council) Local Local (master) plan 1: municipality Local Representatives 1:5 000 community* (council) (1:2 000) Regulatory (zoning) 1:2 000 plan 1:1000 * Small communities who may not be equipped for planning administration may transfer their responsibility to the Planning Authority for the administration of a plan to the relevant "Commissioned Local Office" or District Office. Standards and regulations The Planning and Building Law (1976, 2000) and the Decree on Planning Data and Planning Documentation define the particular kinds of planning data, planning documents and planning permits, the roles and responsibilities of the planning procurers and rules for plan implementation. Also the basic standards of the contents of the statutory plans on each tier are indicated.

6 No binding standards exist for use classes or other controls for land use. The planning consultant is expected to establish appropriate controls in the planning proposal to respect the specifics of the area in question. ADMINISTRATIVE STRUCTURE The Czech Republic consists of 14 regions, 75 districts and more than 6200 self-governing municipalities / communities, out of which 13 municipalities enjoy a special statute and 390 have a position of "commissioned communities" to which some governmental activities of central government were transferred. Administrative unit Statistica l representative executive of central government; - Of Unit body regional / local self-government Czech Republic NUTS 1 Parliament + national government Senate NUTS 2 Regions (14): Praha, NUTS 3 Regional Regional Offices Central Bohemia, Representatives Regional Offices - execution of - Bud- jovice, PIze- (council) transferred activities of central Karlovy Vary, Ústí n.l., Liberec, Hradec administration Králové, Pardubice, Jihlava, Brno, Olomouc, Zlín, Ostrava the Capital of Praha Municipal Magistrát + Offices of Local Parts Prague Representatives Magistrát + Offices of Local Parts - (council) + execution of transferred activities of Representatives of central administration Local Parts Districts (75) NUTS 4 - District Offices* Statutory (13) Municipal Magistráts + Offices of Local Parts Municipalities: Representatives Magistráts + Offices of Local Parts - - Bud- jovice,,plze- (council) + execution of transferred activities of Karlovy Vary, Ustí Representatives of central administration n.l., Liberec, líradec Králové, Pardubice, Jihlava, Local Parts Brno, Olomouc, Zlín, Ostrava, Opava, Haví- ov other (465) NUTS 5 Municipal Municipal Offices Municipalities Representatives Municipal Offices execution of transferred (council) activities of central administration Commissioned Local Local (Community) Offices Communities (Community) Local Offices execution of transferred Representatives activities of central administration other communities Local (Community) Offices Local Offices - execution of some transferred activities of central administration * The District Offices are expected to be abolished in 2002/2003. The map shows the names of statutory municipalities, borders of NUTS 2

7 Stadistical Data Area... 78,684 sq. km Population... 10,302,000 inhabitants 14 REGIONS Largest area... 11,038 sq. km (Central Bohemia) Largest population... 1,287,400 Inhab. (Ostrava/Moravian-Silesian) Smallest area... 3,141 sq. km (Liberec) Smallest population ,800 Inhab. (Karlovy Vary) 77 DISTRICTS (Will be probably dissolved after 2002) Largest area... 1,948 sq. km (Sumperk) Largest population... 1,210,000 Inhab. (Praha) Smallest area sq. km (Praha) Smallest population... 50,000 Inhab. (Tachov) cca 6,200 MUNICIPALITIES - COMMUNITIES Largest area sq. km (Praha) Largest population... 1,210,000 Inhab. (Praha) Smallest area... 0,4 sq. km (Závist/BK) Smallest population... (571 communities with less than 100 permanent inhab.)

8 REGIONS 01. Brno. 02. Bud-jovice 03. Central Bohemia 04. Hradec Králové 05. Jihlava 06. Karlovy Vary 07. Liberec 08. Olomouc 09. Ostrava 10. Pardubice 11. Plze 12. Praga 13. Ústí 14. Zlín GERMANY 13 7 POLAND GERMANY 2 AUSTRIA 1 14 SLOVAKIA

9 PART III EVALUATION AND COMMENTARY The reform decade of the 1990s brought great expectations and later also certain disillusion. Planning being considered a relict of the passed communist era at the beginning of the transformation, the very discipline had to strive hard for a mere survival in face of radical liberalism of the time. The 1990s were a period of the decentralisation of planning. lt started in 1990 when the empowerment to approve local plans was moved from the state administration to newly elected municipal and communal self-governments. In 1998 the municipalities and communities received full responsibility for local planning. The planning arena was undergoing a fundamental change with privatisation and democratisation. In the methodology of plan making, the general trend ranged from comprehensive, ideal image of future to precisely defined regulations and controls of physical development and land-use change. Great attention is now paid to distinguishing between public and private property and investment. While public projects have to be precisely specified as for their use, flexible definition of use has been adopted for the private domain, defining in local plans the recommended, conditioned and excluded uses for each area. By restricting to regulations and with shrinking public investment, statutory planning lost its initiating role of making the desirable changes happen. Facing the present shortage of private investment activity, its "positive" effectiveness is limited. While local planning found its patrons and advocates in municipalities, the regional tier of planning had no such patron and as such t was diminishing in the first half of the decade. After 1996, when remarkable regional disparities emerged and have been steadily increasing since then, and scale of development projects has been increasing, a kind of supra-local planning proved to be necessary. A new system of socio-economic programming documents emerged in 1997/1998, preparing strategies and policy documents within the frameworks of the preparing for the E.U. The new quality of physical planning of regions is discussed to support and control major infrastructure investments of the national importance that proved to be both unavoidable and difficult to enforce in face of fragmented local interests. The current Czech planning is reasonably strong in terms of legal rights, including the right to expropriate the land necessary for public projects, with appropriate compensation for the owner. lt has retained its comprehensiveness, including transportation and utilities planning, and environmental protection in one document. It is anchored in physical plans while the position toward the newly establishing socioeconomic strategies and programmes is sometimes weakly defined. Regional self-governments will be established in 2001 and they will be given responsibility for regional planning, so far kept by the central government. This will not only finalise the process of decentralisation but also provide a new dimension for planning. The role of the state will have to be redefined, making the state responsible for basic planning frameworks and guidelines as well as the guarantee for nationally provided and/or co-ordinated information system on territory, while regions will take most of the execution of supra local plan-making. Currently, a new planning law is under preparation to finalise the transition period started in K. Maier: 2001