EVROPSKÉ FONDY: CO PŘINESE REGIONŮM NOVÉ PROGRAMOVÉ OBDOBÍ 2021–2027?
PŘÍPRAVA PROVÁDĚCÍCH VYHLÁŠEK K NOVÉMU STAVEBNÍMU ZÁKONU NA ÚSEKU STAVEBNÍHO ŘÁDU PŘÍNOS MEZIOBOROVÉ INTERPRETAČNÍ METODY PRO ŘÍZENÍ ROZVOJE MĚSTABenefits of the interdisciplinary interpretation method for urban development management, by Humňalová, Helena, Kovářová, Linda, Šturma and Jan Albert
This article describes the interdisciplinary interpretation method as an innovative tool for urban planning. The method has been developed by an interdisciplinary team of experts (representing environment protection and sciences, architecture and urban planning, history and archaeology, economics, social geography, social/cultural anthropology, and IT) within the project Interdisciplinary Design of Urban Development (TL01000025). The article explains the methods and tools of disciplines involved in and the principles and specific measures applied by the interdisciplinary interpretation method. It includes an example of practical use in urban planning featuring a pilot project in the town of Mělník. The article also introduces readers to MAR, software developed in compliance with this method. The software and the interdisciplinary interpretation method are complementary tools. MAR works with a large database analysed by an algorithm using machine learning. The purpose of the software is to create a virtual space in which three domains — (1) environmental and scientific, (2) sociocultural, and (3) urban planning and architectural — meet and to produce data in the form of statistics, maps and diagrams. Bodies of urban administration will be able to use the software to generate interdisciplinary-based outcomes applicable for integrated concepts of urban development, strategic and community planning, visions for development of spatial units and suitable solutions for particular problems in towns and cities. The project endeavours to contribute to the concept of smart urbanism and affect positively the quality of life and environment in cities. The project was launched in April 2018 and expected to run for 3 years. Details of more outcomes of this project is are downloadable at https://meziobor.cz/. We suppose that the interdisciplinary interpretation method and MAR will also be used at local level (by local administration, architects and specialists in urban planning and regional development, local action groups and so on) and further developed so that more and more data are processed and the analysis/outcome is upgraded. MAR software is designed as a framework in which relevant data can always be stored and the method can be enhanced.
NOVÝ STAVEBNÍ ZÁKON VYPUSTIL ÚZEMNÍ PLÁNOVÁNÍ I Z NÁZVU – DOČKÁME SE ZMĚNY?The new Building Act has dropped spatial planning from its name. Will we live to see a change? by Jan Kasl
The aim of this article is not to evaluate the new Building Act, which was controversially approved by the Chamber of Deputies after refusal by the Senate. Act 283/2021 took partial effect on 1 January 2022. We know already that a small amendment to it averting the establishment of state building administration and transfer of decision-making responsibilities from municipalities to the state will be discussed by the Government by 31 March. A specialized (and perhaps appellate) institution will be established to focus on selected buildings, line buildings in particular. No further alterations to the new Building Act are expected this year. However, it is important to consider what will happen during interdepartmental consultation and debates in the Chamber of Deputies and the Senate. In any case, no changes regarding spatial planning are anticipated.
ÚZEMNÍ PLÁNOVÁNÍ PODLE NOVÉHO STAVEBNÍHO ZÁKONA Z POHLEDU ČKAITSpatial planning according to the new Building Act from the point of view of the Czech Chamber of Authorized Engineers and Technicians in Construction, by Robert Špalek and Eva Kuzmová
Postponing the effect of new legislation by one year could provide the necessary scope for sound adjustment and reform of public building law, including spatial planning. Although it may seem that these changes are less important than changes to the Building Code, they must be attended to and evaluated in terms of the objectives determined for the recodification of public building.
STAVEBNÍ ZÁKON NA ROZCESTÍ (OSTRÝ RESTART)The Building Act at a crossroads (a hard reboot), by Petr Durdík
The Czech Republic was governed by the 2006 Building Act for a period of just under fifteen years. It is evident that this Act, the shortest effective in history, was not a very good one. Nevertheless, the new statute, which is intended to accelerate building, originated under doubtful circumstances and continues to provoke negative reactions at all levels. Political representatives are currently preparing important alterations in order to remove questionable, much-criticized provisions that were approved despite little consensus. We will have to wait a little longer for details of the resulting law.
NĚKOLIK POZNÁMEK K REKODIFIKACI VEŘEJNÉHO STAVEBNÍHO PRÁVAA few remarks on the recodification of public building law, by Jan Mareček
This article is focused on starting points for the recodification of public building law and the need for honest analysis of particular cases of buildings in terms of their material character and spatial specifics. The aim is to avoid generalized conclusions and errors resulting from these. The application of the Building Act and related legislation on planning and permit procedures is an extensive, highly structured and complex matter, analysis of which can be approached from various viewpoints and with various methods. Any overestimation or suppression of these methods can lead to deformations of the building permit system which should aim at two different targets: minimization of state interference and well-balanced protection of the public interest and the rights of persons involved.
NOVÝ STAVEBNÍ ZÁKON V KOSTCE: DÍL I. VÝCHODISKA REKODIFIKACE, ORGANIZACE VEŘEJNÉ SPRÁVY A PLÁNOVACÍ SMLOUVYThe new Building Act in a nutshell, part I: starting points for recodification, arrangement of public administration and planning contracts, by Jan Brož
This article deals with the very current subject of the new Building Act 283/2021 and, partly, with the 284/2021 Act that modifies other acts in connection with the Building Act. The author describes and analyses new legislation in regard to implementation of quite revolutionary changes in several aspects of public building law. Part I of the analysis is focused on the arrangement of public administration, in which the system of Building Offices is expected to undergo fundamental changes, and the bodies in which integration and formal change in operation are taking place. Finally, the article discusses the new domain of planning contracts as an important component of spatial planning. Considering the fact that two drafts for alterations in legislation are under discussion, these contracts deserve closer attention.
PLÁNOVACÍ SMLOUVY V NOVÉM STAVEBNÍM ZÁKONĚ: PROMARNĚNÁ PŘÍLEŽITOSTPlanning contracts in the new Building Act: an opportunity missed, by Jindřich Felcman and Eliška Vejchodská
Planning contracts are a tool which is somewhat neglected by the current Building Act. In a symbolic way, this is proved by the fact that many agreements between municipalities and developers are not even in accordance with the definition of planning contracts as set down by the Building Act. In most cases, they use innominate forms in compliance with the Civil Code for the purpose of agreements on building owners’ obligations. In this respect, there is great scope for improvement in legislation, but the new Building Act has not made use of this opportunity.
REKODIFIKACE STAVEBNÍHO PRÁVA A OCHRANA ŽIVOTNÍHO PROSTŘEDÍ NA ÚSEKU ÚZEMNÍHO PLÁNOVÁNÍRecodification of building law and environmental protection in spatial planning, by Libor Dvořák
The recodification of building law consists of two regulations, both very extensive: the new Building Act 283/2021 and the accompanying ‘alteration act’ 284/2021. Both were passed on 29 July 2021, and most of their provisions will take effect on 1 July 2023. The purpose of this article is to expound the changes that arise from these regulations in terms of environmental protection. The chapter dealing with the Building Act is focused on spatial planning (particularly on assessment of sustainable development and relevant documents in this respect) and the role of institutions entrusted with spatial planning documentation. The chapter on the alteration act describes the main changes in legislation as for assessment of impacts on the environment, nature conservation and agricultural land protection. There is a brief discussion of planning permits as a closely related element of spatial planning in domains such as nature and landscape protection.
JUDIKATURA K OCHRANĚ KULTURNÍHO DĚDICTVÍ V ÚZEMNÍM PLÁNOVÁNÍ VE VAZBĚ NA NOVÝ STAVEBNÍ ZÁKONPractice of the courts in cultural heritage protection as related to spatial planning and the new Building Act, by Martin Zídek, Michal Tupý and Milan Kvasnička
Both the previous and the new Building Acts regulate cultural heritage protection in the context of spatial planning. This article discusses provisions on substantive law in cultural heritage protection and the position of bodies involved in preparation and approval of spatial planning documentation. As the principles of this protection do not differ very much in both acts, the existing practice of the courts can remain applicable, so confirming the public interest in cultural heritage protection. Selected examples deal with a few sub-problems: the first category concerns protection of cultural monument settings by tools of spatial planning even where there is no protective zone for a monument; the second category applies to territories protected by the Act on Heritage Care. This chapter discusses cases in which regulation was found to be proportionate as well as others in which a specific restriction was found by the Constitutional Court to be unconstitutional because of its across-the-board application. However, this practice of the courts is sustainable only if the previous arrangement of spatial planning is maintained in the new Building Act. This article also deals with an amendment to the Building Act that has not been approved but would mean fundamental change to the principles of spatial planning, albeit doubtful in various situations including enforcement of cultural heritage protection.
DOKUMENTY A PROCESY V RÁMCI ŠVÉDSKÉHO PLÁNOVACÍHO SYSTÉMU I.Documents and processes within the Swedish planning system, Part I, by Irena Klingorová
This article follows the report on Swedish spatial planning published in the 5/21 issue of this journal. This time we describe in detail particular spatial planning documents within the planning system and present basic information in the context of the system as presented in the previous article. Part I is focused on regional planning and planning at the level of communer; the next part will follow with planning at the level of regions. The objective is to describe the documents, explain the responsibilities and engagement of actors involved and show the variety of legislation requirements, related documents and their cycles from origin to approval, practical application and options of termination or change.
MANUÁL PRO ROZVOJ VEŘEJNÝCH PROSTRANSTVÍ MĚSTA HUMPOLCEA manual for development of public areas in the town of Humpolec, by Luděk Rýzner and Martina Váňová
The origination of Humpolec’s manual has been a long process, and the authors are still negotiating with town leaders in order to enhance it. Designed as a document specifically focused on the town of Humpolec and its unique public areas, it deals with basic questions of their quality as well as a more comprehensive concept of creation, development and focus of public areas and the relationships among all the elements and attributes they consist of. The document is divided into four parts differing in the volume and character of information contained.
KONFERENCE MĚ100 POŠESTÉ
EVROPSKÁ KONFERENCE K POLITIKÁM ARCHITEKTURY PŘI PŘÍLEŽITOSTI SLOVINSKÉHO PŘEDSEDNICTVÍ V RADĚ EU
