Decree of the Ministry of Regional Development No. 135 / 2001 Coll.
Ordinance of the Ministry of Regional Development on Territorial Planning Documentation and Territorial Planning Documentation
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Order
Effective from 24.04.2001
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01.01.2003
24.04.2001
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135
DECLARATION
Ministry of Local Development
of 10 April 2001
on land planning documents and land planning documents
According to § 143 paragraph 1 (a) and (b) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 83 / 1998 Coll.:
Preliminary provisions
Purpose of the Order
This decree further regulates the content of the zoning documents, the zoning documentation, the way in which it is procured, processed, negotiated and approved and the content and the way in which the registration forms are processed. The decree does not apply to the acquisition by the Ministry of Defence of land planning documents and land planning documents.
Organisation of the territory
The content of the zoning documents and the zoning documentation shall be established in a way that allows the use of defined territories, areas and parcels and their interorganisation and links in accordance with the objectives and tasks of zoning. The purpose of the proposal for this breakdown and the choice of its details is, in particular, to create conditions for the development of the territory, to ensure the consistency of the individual activities within the territory, to limit the permissible level of their negative effects, to ensure the conditions for improving the quality of the environment, to allow only adequate use of non-renewable natural resources and to maintain qualitative indicators of renewable natural resources.
Map supporting documents
In the procurement of land planning documentation and land planning materials, the State map work (1) or their digital derivatives or, where appropriate, the dedicated map treasures provided by the customer are used.
TERRITORIAL PLANTS
(K § 3 of the Act)
Urbanistic study
(1) As a general rule, an urban study is carried out for the territory defined with regard to its use and is used in particular to obtain alternative or alternative solutions to selected problems in the territory.
(2) The content and scope of the urban study are set out in the award. If it is to be used in the procurement of a municipal spatial plan or regulatory plan pursuant to Article 21 (6) of the Building Law (hereinafter referred to as "the Law '), it shall be based, mutatis mutandis, on the content of the relevant zoning documentation set out in Annex 2.
Territorial generic
Territorial generel shall be processed if it is advisable to verify separately the solution of some of the settlement components and landscapes having a significant influence on the use of the territory.
Territorial forecast
(1) The territorial forecast is processed for the territory of several municipalities or districts, or for the territory of the capital city of Prague or the statutory cities.
(2) The content and scope of the territorial forecast are set out in the award. If it is to be used in the procurement of a large territorial unit zoning plan pursuant to Article 21 (6) of the Act, it shall be based, mutatis mutandis, on the content and scope of the large zoning unit zoning plan set out in Annex 2.
Territorial technical documentation
(1) Territorial technical documentation shall contain relevant information on the state, possibilities and limits of use of the territory and other binding restrictions resulting from the legislation;
(2) Territorial technical documents shall be processed in such a way as to enable, in particular, the use to be made for the processing of land-use planning documents, land-use planning documents, territorial decision-making and other public administration needs, e.g. in digital form.
(3) Territorial technical documentation shall be kept up to date.
TERRITORIAL PLAN DOCUMENTATION
(K § 9 to 31, § 131 to 133 of the Act)
Activities and documentation in the procurement of land planning documentation
(1) Activities and supporting documents for the procurement of land planning documents include:
(a) preparatory work;
(b) processing of surveys and analyses;
(c) preparation, discussion and approval of the award;
(d) processing and discussion of the concept of dealing with land planning documentation;
(e) the recording and storage of documents relating to the negotiations of the project3) and decisions relevant to the processing of the planning documentation;
(f) the processing of a comprehensive opinion, including a draft decision on objections;
(g) the statement of the competent authority of the spatial planning authority as regards the territorial plan of the municipality, the regulatory plan or the territorial plan of the large territorial unit acquired by the regional authority;
(h) discussion and approval of the comprehensive opinion;
(i) notification of the decision on objections to the concept of a solution;
(j) the preparation of the draft zoning documentation;
(k) taking over and discussing the draft zoning documentation;
(l) the submission of a proposal for a local spatial plan, a regulatory plan or a spatial plan of a large territorial unit obtained by a regional authority, including a proposal for the definition of a binding part, for the assessment of a superior territorial planning body;
(m) the preparation of a motion for a resolution approving the territorial planning dossier, together with a report on its discussion, an evaluation of all opinions, objections and observations and a draft decision on objections and a proposal for a proposal to the authorising authority;
(n) the approval of the zoning documentation and its possible modification as decided on its approval;
(o) the preparation of draft legislation on the publication of a binding part of the territorial planning documentation.
(2) The activities following the approval of the zoning documentation include:
(a) the notification of the decision on objections to the draft zoning documents and the disagreement with the procedure for dealing with objections submitted for the concept of a solution;
(b) the measure approved by the territorial planning documentation by the approval clause;
(c) the deposit and provision of zoning documentation to the Ministry of Local Development, relevant regions, municipalities and construction offices;
(d) the sending of a general binding decree from the municipality or region on a binding part of the planning documentation and the main drawing scheme to the authorities concerned;
(e) notification to the authority responsible for the territorial planning of the issue and entry into force of a generally binding municipal or regional decree on a binding part of the territorial planning documentation;
(f) the provision of data for a register approved by the territorial planning activity and the processing of a registration sheet;
(g) monitoring the current nature of the zoning documentation in cooperation with the other zoning authorities and construction offices and, if necessary, submitting a proposal for the processing of the change to the authorising authority;
(h) the procurement (where appropriate) of changes to the planning documentation;
(i) deciding on a possible modification of the indicative part of the planning documentation;
(j) notification to the authority responsible for territorial planning of the termination of the territorial planning documentation and of its archiving in accordance with specific legislation.4)
Preparatory work
(1) The preparatory work shall be carried out in cooperation with the beneficiaries of the regions and municipalities concerned, public authorities and legal and natural persons involved in the use of the territory and shall include:
(a) the definition of the area concerned in map documents;
(b) the gathering of available supporting documents and information on the state of the territory (potential threats such as landslides, accidents, specified flood areas) and its use to the extent necessary for the processing of the relevant planning documentation;
(c) an evaluation of those supporting documents and information.
(2) The documents relating to the use of the territory shall include in particular the territorial planning documents, the territorial planning documents, the administrative decisions on the territory, in particular the applicable territorial decisions and the documents obtained by the public authorities.
Survey and analysis
(1) The aim of the surveys and analyses is to assess the current state and conditions of use of the territory and to identify its values, development trends, problems and conflicts of interest in the territory concerned. Surveys and analyses are the basis for the processing of the assignment and for dealing with the zoning documentation.
(2) Surveys and analyses shall be carried out on the basis of the customer's preparatory work.
(3) The surveys and analyses shall contain a text section, including additional tables and graphs. Its conclusion is a series of problems to solve. The graphical part of the surveys and analyses shall include, in particular, a drawing of the limits on the use of the territory resulting from legislation and administrative decisions and a problem drawing, which shall summarise the objectives identified for changes in the territory, the public interests protected by the authorities concerned under the specific legislation, the conflicts of such plans and interests and the most important problems to be addressed in the planning documentation. For a large territorial area plan, surveys and analyses shall be carried out to the extent that this territorial area plan can be assessed under specific legislation. 5)
Submission of land planning documentation
(1) In particular, the award shall include guidelines for dealing with major conflicts of interest and problems in the territory, establishing conditions for the development of the territory and protecting its values, establishing requirements for the content and scope of the planning documentation including, where appropriate, requirements for the processing of alternatives or solutions.
(2) The basic content of the draft award is set out in Annex 1.
(3) Within the meaning of Article 20 (6) of the Act, the Buyer shall send a draft award agreed with the authorities concerned to the Spatial Planning Authority, which shall deliver its opinion thereon within 30 days of its receipt.
Solution concept
(1) The design of the solution is processed to the same extent as the design of the zoning documentation (according to Annex 2), unless its scope is extended in the approved assignment, usually in alternatives or variants.
(2) The design of the solution always includes a proposal to define a binding part of the planning documentation and to evaluate processed alternatives or variants.
(3) The acquirer shall monitor the progress of the work on the planning documentation, ensure records and records of the conduct and decisions affecting the solution and discuss any discrepancies.
(4) The concept of dealing with land planning documentation is the basis for discussing and processing a comprehensive opinion. As long as the planning documentation is not approved for the area concerned, the concept of a solution also serves as a basis for territorial management after approval of the comprehensive opinion.
Comprehensive opinion
(1) The draft comprehensive opinion assesses compliance with the requirements of the award, compliance with the requirements set out in the opinion of the superior spatial planning body with the concept of a solution (Section 21 (2) of the Act) and compliance
(a) the regulatory plan with the municipality's territorial plan and the major territorial plan;
(b) the municipal territorial plan with the territorial plan of the large territorial unit;
(c) a local spatial plan drawn up for a defined part of the capital of Prague or a territorial breakdown of the statutory cities with a territorial plan approved for the territory of the whole city and with a territorial plan of a large territorial unit.
(2) The draft comprehensive opinion shall include instructions for the processing of the draft zoning documentation, together with the selection of one alternative or variant from the concept of a solution.
(3) The expression of the superior spatial planning body on the draft comprehensive opinion shall be processed on the basis of:
(a) the concept of dealing with territorial planning documents, including the proposal for the definition of the binding part on which comments are to be made;
(b) an evaluation of the views of the authorities concerned on the concept of solutions, with an indication of how the draft comprehensive opinion has been agreed with them;
(c) evaluation of objections (Section 21 of the Act) and draft decision on objections,
(d) evaluation of the comments,
(e) the expression of the territorial planning authorities of neighbouring territorial districts;
(f) public decrees and other documents which have notified an understanding of the concept of a solution.
(4) The designated zoning authority shall communicate its observations on the draft comprehensive opinion to the customer within 30 days of receipt of the complete documentation for its processing. In its observations, it shall assess compliance with the law and other legislation, compliance as referred to in paragraph 1 and coordination of the use of the territory in terms of wider territorial relations.
Draft zoning documentation
(1) After the approval of the comprehensive opinion or the approval of the award fulfilling the functions of the comprehensive opinion in the case of an urban study or a territorial forecast processed and discussed in accordance with Article 21 of the Act, a draft zoning documentation shall be drawn up.
(2) The basic content of the zoning documentation referred to in Annex 2 may be extended by the terms of the comprehensive opinion or award for the preparation of the zoning documentation.
(3) When taking over the draft zoning documentation, the purchaser shall check in particular its completeness and consistency with the comprehensive opinion and the input. For the territorial plan of the municipality, compliance with the approved territorial plan of the large territorial unit, for the territorial plan of the municipality processed for a defined part of the territory of the capital of Prague or the territorial subdivided statutory cities shall also be checked by compliance with the territorial plan approved for the whole of the city and for the regulatory plan for compliance with the territorial plan of the municipality and the territorial plan of the large territorial unit.
Documentation for the opinion of the superior body
The opinion of the senior spatial planning body on the assessment of the draft zoning documentation shall be drawn up on the basis of:
(a) the proposal for the planning documentation under consideration, including the draft definition of the binding part;
(b) an evaluation of the views of the authorities concerned on the proposal, with an indication of how the draft zoning documents have been agreed;
(c) evaluation of objections and disagreements (Sections 22 (3) and (4) of the Act) and draft decisions on them,
(d) evaluation of the comments,
(e) the expression of the territorial planning authorities of neighbouring territorial districts;
(f) public decrees and other documents which have notified the issue of draft land planning documents for public consultation;
(g) conformity assessment
1. a regulatory plan with a municipal territorial plan and a territorial plan with a large territorial unit;
2. the municipal zoning plan with the large zoning plan;
3. the urban plan of the municipality, prepared for the defined part of the territory of the capital of Prague or the territorial subdivided statutory cities, with a territorial plan approved for the whole of the city and with a territorial plan of a large territorial unit.
Documentation for the approval of the zoning documentation
(1) The motion for a resolution approving the zoning documentation shall always contain:
(a) a draft statement of approval;
(b) a draft statement defining the binding part of the territorial planning documentation;
(c) a draft statement of objections to the draft territorial planning documents and disagreements with the processing of objections submitted to the concept of a solution;
(d) a draft statement of termination of the territorial planning documents, which shall be replaced by the approved territorial planning documents.
(2) The motion for a resolution shall, as a general rule, include specific tasks within the scope of the authorising authority resulting from approved planning documentation.
(3) The draft declaration of the binding part of the zoning documentation shall always contain:
(a) the territorial scope of the validity and the evaluation deadline for not changing the conditions on the basis of which the planning documentation was approved (update deadlines);
(b) a binding part of the zoning documentation, including public utility buildings, as defined in the operative part of the resolution approving the zoning documentation;
(c) the final provisions on the location of the location of the land planning documentation.
(4) The main drawings and the text part of the approved planning documentation shall be accompanied by an approval clause containing:
(a) the designation of the authorising authority, the date of approval and the number of the order approving the zoning documentation;
(b) the stamp, name, function and signature of the authorised person of the purchaser;
(c) stamp, name, function and signature of the designer, 3)
(d) the date and number of the reference opinion of the superior zoning authority on the draft zoning documentation.
Changes to the planning documentation
(1) The assignment of the change, the concept of the solution, if processed, and its design must be discussed by the customer within the scope prescribed for the relevant type of planning documentation. If the design of the solution and the design of the changes to the planning documentation is combined, the purchaser shall ensure that the draft amendments are discussed in accordance with Section 22 of the Act, and shall ensure that it is discussed in public terms during the period during which the proposal is issued.
(2) If, due to the simplicity of the change, it is possible to process the proposal directly without the concept of a solution, this must be stated in the approved entry of changes to the planning documentation.
(3) Amendments and adaptations shall not be drawn up in approved planning documentation. The Buyer shall record them in the main drawing. Modifications and modifications shall be treated graphically as a separate point or a separate drawing, in a text as a separate annex to the approved planning documentation, for which they must be deposited together with a copy of the complete approval document.
(4) In the event that, due to changes or modifications, the approved planning documentation has lost sufficient clarity, the purchaser shall ensure that a new main drawing is drawn up with a legal status at a given date. The approval clause of this main drawing shall include records of any approved modifications or modifications made which correspond to the legal status at that date.
Binding part of land planning documentation
(1) A binding part of the zoning documentation limits, excludes, or makes the placement of buildings, use of land or measures within the territory, and establishes the principles for its organisation.
(2) The binding part of the zoning documentation shall include in particular:
(a) in the case of a major territorial plan, the main corridors and areas allowing the location of transport and technical infrastructure structures of supra-local importance, the definition of regional and supra-regional environmental stability systems, the limits on the use of the territory of supra-local importance, the definition of corridors and areas for public utility buildings;
(b) for the urban planning of the municipality, the urban concept, the use of areas and their layout, the definition of a stoppable area, the limitation of changes in the use of buildings, the principle of the organisation of transport, technical and civil equipment, the definition of a territorial system of ecological stability, the limits of use of the territory, the area permitted for mining minerals, the definition of areas for public works and the implementation of rendering or rendering arrangements;
(c) in the case of a regulatory plan, the definition of a stoppable area, individual building land, their use, location of buildings, restrictions on changes in their use, approaches to construction and technical equipment, elements of the territorial system of ecological stability, land permitted for mining, if applicable, regulatory elements of the area and spatial layout (e.g. street and construction lines, height and volume of installation, land use indicators, transport and technical equipment), land use limits, and land definition for public works and for the implementation of sanitation or rendering.
Storage, registration and transmission of approved planning documentation
(1) The approved territorial plan of the large territorial unit, including changes and modifications, is imposed on its customer, who shall notify the municipalities and construction offices concerned of the location of the deposit, and shall be transmitted to all municipal authorities with extended scope and regional authorities whose territorial area is affected by the solution and to the superior spatial planning authority within the scope of Annex 2.
(2) The approved territorial plan of the municipality or the regulatory plan, including changes and adjustments, is deposited with the municipality for which it was acquired and transmitted to the competent building office, the municipal authority of the municipality with extended scope and the regional authority within the scope of Annex 2.
(3) For the purposes of recording the territorial planning activity, the documentary part of the procurement process shall be deposited with the customer. It shall consist in particular of the results of preparatory work, surveys and analyses, the award, the concept of a solution, the comprehensive opinion, the opinions of the senior spatial planning body concerned, the opinions of the public authorities concerned, the settlement of comments and objections, the draft zoning documentation, the resolution on the approval of the zoning documentation, the generally binding legislation on the publication of binding parts of the zoning documentation, the records of evaluations carried out within the meaning of Article 16 (3) (a), changes and modifications to the approved zoning documentation.
Number of copies of zoning documentation
(1) The approved design of the planning documents or the approved design of their amendments shall be processed in at least such copies as to satisfy the requirements of Article 19.
(2) The concept of handling land planning documentation shall be processed in the number of copies as required by operational discussion, but at least in three copies.
(3) The purchaser shall arrange for the sending of a general binding decree from the municipality or region on the announcement of a binding part of the planning documentation and a schematic of the main drawing to the public administration authorities concerned, in the case of a major zoning plan, also to the construction authorities concerned.
Registration of land planning activities, content and method of processing of registration sheets
(1) The registration forms processed and, as a result of changes in the planning documentation, kept up to date by the zoning authorities in accordance with Annexes 3, 4, 5 and 6 shall be the basis for the recording of the zoning activity.
(2) For the purpose of assessing the territorial planning activity, the zoning authorities shall send the registration forms to the superior zoning authority and to the central planning authority.
Archiving of land planning documentation
The zoning authority shall submit in one copy the zoning documentation which has expired for permanent storage and archiving to the relevant national archive.4)
FINAL PROVISIONS
Transitional provision
The activities and documents completed or processed when the land planning documents are taken before the decree becomes effective shall be assessed in accordance with the existing legislation.
Repeal
Decree No. 131 / 1998 Coll., on Territorial Planning Documentation and Territorial Planning Documentation, is hereby repealed.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Ing. Lachnit, CSc.
Příloha č. 1
Annex No 1 to Decree No. 135 / 2001 Coll.
BASIC STATEMENT OF TERRITORIAL PLAN DOCUMENTATION
I. The award of a territorial plan for a large territorial unit shall include in particular:
(a) the reasons for the acquisition of a large territorial unit territorial plan and the establishment of the main objectives of the development of the territory;
(b) the definition of the area addressed by cadastral territory;
(c) requirements arising from wider territorial relations;
(d) specific requirements and conditions for overall solutions;
(e) requirements arising from basic demographic, social and economic data and prospects;
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Regulation Information
| Citation | Decree of the Ministry of Regional Development No. 135 / 2001 Coll., on Territorial Planning Documentation and Territorial Planning Documentation |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.04.2001 |
|---|---|
| Effective from | 24.04.2001 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Construction
The regulation text is for informational purposes only.
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