Decree No 377 / 1992 Coll.
Decree of the Federal Committee on the Environment, the Ministry of the Environment of the Czech Republic and the Slovak Commission on the Environment, amending and supplementing the Decree of the Federal Ministry for Technical and Investment Development No. 84 / 1976 Coll., on Territorial Planning Documentation and Territorial Planning Documentation
Valid
Effective from 17.07.1992
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377
DECLARATION
Federal Committee on the Environment, Ministry of the Environment of the Czech Republic and Slovak Commission on the Environment
of 18 June 1992
amending and supplementing Federal Ministry of Technical and Investment Development Decree No. 84 / 1976 Coll., on Territorial Planning Documentation and Territorial Planning Documentation
The Federal Committee on the Environment provides pursuant to § 139 (7) and § 143 (1) (a), (b) and (c) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 103 / 1990 Coll. and Act No. 262 / 1992 Coll., in agreement with the Ministry of the Environment of the Czech Republic and the Slovak Commission on the Environment:
Decree No. 84 / 1976 Coll., on zoning documentation and zoning documentation, is amended as follows:
1.
Basic concepts
(1) A large territorial unit is a territory in which more than one resident body is located, or a large area in which special interests are applied (protection and landscape creation, mining, industry, agriculture, recreation, etc.).
(2) The unit of residence is each unit of settlement which forms a closed unit from other units of settlement of the spatial separation unit.
(3) The zone is a spatial integrated part of the local unit or landscape unit, which is characterised by a specific defining character, usually by a function or location, or by the territory of a small local unit.
(4) The territory of interest is a territory adjacent to the department of residence in which current or prospective relations to the department of residence prevail and in which the arrangement must be dealt with in a mutually functional and technical relationship with the department of residence.
(5) The register of land planning documents shall be an inventory of the selected data from the land planning documents drawn up; it is used for creating and updating registers of an integrated information system on the territory.
(6) The purchasing body shall be the authority which procures the planning documents or the planning documents.
(7) The processor shall be a legal or natural person who processes the planning documentation and the planning documents on the basis of an authorisation (1). ';
2.
(1) The urbanistic study is provided by the construction office, or by the zoning authority, which needs it to guide the use of the territory. The urbanist study may be provided or contributed to the processing of the study by anyone who will participate in the use of the territory.
(2) The content and scope of the urban study are determined in the award by the zoning authority or the construction office, as appropriate.
(3) In particular, the urban study shall be used as an instrument of spatial urban development, to verify the basic concept of a solution for the territorial plan and to assess the loading load of the territory. It is also processed for partial or specific problems of the territory, to obtain alternative solutions.
(4) Where it is necessary to discuss an urban study in terms of its use, in particular if it is to be a basis for territorial management or for the processing of zoning documentation, the method of its discussion shall be determined by the competent building authority or the zoning authority. A urban study shall be conducted in accordance with Sections 25 and 26 of this Order. '
3. Paragraph 4 to 7 shall be deleted.
4. Article 8 (1) (b) and (c) reads as follows:
"(b) the geographical technical documents of the integrated information system on the territory used for the automated processing of data on the state and conditions of the territory, on the design of its layout and on the proposed, ongoing and ongoing changes in the use of the territory;
(c) the geographical technical basis, in particular for the concept of the development of settlement, environmental care and the establishment of territorial environmental stability systems, the valuation of land and the collection of selected data for urban and municipal regeneration, ';
5. Paragraph 8 (1) (d) shall be deleted.
6. Article 8 (2) reads as follows:
"(2) In agreement with the other central government authorities, central government authorities shall ensure a uniform form of territorial identification and structure of territorial data, allowing them to be processed in the form of territorial technical documents, while determining a uniform processing methodology using the documents referred to in paragraph 1, processing and updating long-term concepts of the territorial development of the Republics. ';
7. In Section 10, the word "organisation 'is replaced by the words" legal persons or natural persons operating under specific regulations'.
8. in Article 11 (1) (a), the word "organisation" shall be replaced by the words "legal persons or natural persons operating under special rules."
9. Paragraph 15 (2) reads as follows:
"(2) The zoning authorities for which the technical documentation is stored shall provide it to the authorities of the State administration and municipalities and, where appropriate, to all bodies involved in the use of the territory. '.
10.
(1) The basic category for all stages of the territorial planning documentation is the territorial plan:
(a) for the large territorial unit, it shall be processed with a particular focus on the forward settlement structure, regional territorial systems of ecological stability, transport and technical equipment;
(b) for the housing unit, it shall be processed with a particular focus on urban design and land use (e.g. as a plan for the use of areas);
(c) for zones, it shall be processed as a regulatory (stopping) plan, focusing in particular on the control elements of the use of parcels.
(2) The zoning plan for small residential units may also be developed with a focus on the elements otherwise addressed in the zoning plan of the zone, and the zoning plan for large zones may include, where necessary, solutions otherwise processed in the zoning plans of the residences.
(3) The territorial forecast shall, as a general rule, be processed for the major territorial unit, where appropriate.
(4) The territorial project shall be processed, where appropriate, as a general rule for the zone stage.
(5) The approved planning documentation is a basis for expropriation for public works and can also serve as a basis for granting State contributions.
(6) The procurement of land planning documentation shall include:
(a) preparatory work;
(b) entering surveys and analyses;
(c) processing and discussion of the forecast task, territorial and economic principles, the construction programme;
(d) the award of planning documentation and the supervision of its processing;
(e) discussion of the zoning documentation. ';
11.
(1) The preparatory work shall be carried out by the customer and shall be carried out in cooperation with other public authorities, municipal authorities and legal and natural persons involved in the use of the territory.
(2) The acquirer shall collect the necessary supporting documents on the state of the territory and on the objectives of its development, evaluate it and determine the subject matter of the solution and the degree of planning documentation and define the extent of the area to be addressed, in particular provide the processor with the documents to be used for the processing of surveys and analyses and which are mandatory for the management of the planning documentation. "
12. Article 19 (3) reads as follows:
"(3) Surveys and analyses shall, as a general rule, contain a text, tabular and graphic part, including a comprehensive problem drawing showing the main conflicts of interest in the territory."
13. Paragraph 20 (2), (3) and (4) reads as follows:
"(2) Proposals for a forecast task, territorial and economic principles and construction programmes shall be drawn up by the customer in cooperation with the authorities concerned and the municipalities whose territory is affected by the solution. Proposals for such documents shall be submitted to the public for comments, the comments being made within a specified time limit and not later than 30 days from the date of their publication.
(3) Territorial and economic principles and construction programme after public consultation (for zoning plans and projects also with the legal and natural persons concerned who have ownership or other rights to land or construction) are approved by the authority which will approve the zoning documentation.
(4) The progressive task, territorial and economic principles, as well as the construction programme, lay down the content and scope of the planning documentation, the process of work and the comprehensive requirements for territorial resolution. The basic content of territorial and economic principles is set out in Annex 1. ';
14.
"(5) The basic content of the selected zoning documentation is set out in Annex 2."
15. The first sentence of Paragraph 22 (2) shall be deleted.
16. In Section 24, the third sentence is replaced by the following: "The concept of a solution is aimed at a comprehensive urban solution of the territory to the same extent as the proposal. It shall, as a general rule, be processed in alternatives or variants, as a basis for discussion and decision on the further focus and completion of the task. ';
17. In Paragraph 24, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The design of the zoning documentation solution may be waived if, prior to the award, the solution has been examined by an agreed urban study pursuant to Paragraph 2 (4), which will replace the design of the solution referred to in paragraph 1. ';
18. Paragraph 25 (1) and (2) reads as follows:
"(1) The discussion of the concept of the solution is public, managed and organized by the customer. It shall follow up all the discussions of the processor with the authorities concerned, the authorities of the municipalities and natural and legal persons and, where appropriate, the public poll.
(2) The discussion of the concept of a solution shall aim to verify the correctness of the basic concept of a solution, the complexity of the proposed solution, in particular with regard to the load on the territory, the proposed transport systems and technical infrastructure and in order to recommend a selected alternative or variant to the authorising authority. ';
19. § 26 reads:
(1) The design of the solution shall be discussed with the authorities of the municipalities whose territory is affected by the solution, with the authorities of the State administration concerned and with the public as referred to in paragraph 2, for zoning plans and projects, also with the natural and legal persons concerned who have ownership or other rights to land or buildings.
(2) The purchaser shall invite the public authorities and municipalities concerned, natural and legal persons at least 30 days before the hearing, and shall ensure that they are familiar with the concept of a solution within that period. The institutions, natural and legal persons shall communicate their opinion no later than 15 days after the date of discussion of the concept of solution. Opinions made after that period shall not be taken into account.
(3) The negotiation referred to in paragraph 2 shall be announced in a public manner at the usual place. When discussing the concept of a solution, the acquirer shall always provide its generally understandable technical interpretation and written record of the opinions used. ';
20. In the first sentence of Article 27 (1), the words "or, if necessary, the renegotiation of the concept of a solution 'shall be inserted after the words" the proposed solution'.
21. Article 27 (2) reads as follows:
"(2) In the case of the use of the urban study referred to in Article 24 (2), the comprehensive opinion approved by the award of the zoning documentation shall be replaced. ';
22. in Paragraph 28 (1) (b), the words "for complex housing construction, compliance with technical economic regulations" shall be replaced by the words "compliance with the regulators approved by the territorial planning documentation of a higher degree," and in point (e), the words "directives" shall be replaced by "regulators."
Article 23 (29) (1) and (4) reads as follows:
"(1) According to the outcome of the examination of the draft zoning documentation, the acquirer shall draw up a draft resolution on approval containing:
(a) the extent to which planning documentation and tasks arising from the solution are valid and binding, including the definition of public utility structures;
(b) the regulations governing the use of the territory and its spatial layout, which contain binding principles for the organisation of the territory and limits on the use of the territory;
(c) the results of the discussion of the planning documentation.
(4) The motion for a resolution shall be prepared by the purchaser in conjunction with the authorities concerned and the authorities of the municipalities whose territory is affected by the resolution of the planning documentation. ';
24. Paragraph 30 repeals paragraph 2, paragraphs 3 and 4 are renumbered paragraphs 2 and 3, and the text in the new paragraph 2 under points (b) and (c) reads:
"(b) an evaluation of the design of the solution and its compliance with the approved upper-level planning documentation;
(c) an evaluation of the concept of the solution and its consistency with the concept of the territorial development of the Republics. "
25. Article 32 (2) reads as follows:
"(2) The solution to the territorial forecast may be approved as binding non-disputable elements of the settlement structure of the area concerned, the principles of transport, technical infrastructure and territorial environmental stability systems. ';
Article 26 (33) (2) reads as follows:
"(2) Regulatory arrangements shall be binding upon the resolution of the zoning plan, specifying in particular:
(a) for large territorial units
the design of the settlement structure, the principles for the use of the territory and the limits on its use, the definition of regional territorial environmental stability systems, the concept of transport and technical equipment, including the definition of corridors and, where appropriate, areas for public works,
(b) for the local unit
urban spatial layout concept identifying the use of areas, land use limits, the principles of transport arrangements and civil and technical equipment and local territorial environmental stability systems, the definition of areas for public utility buildings,
(c) for the zone:
the use of parcels and objects, elements of the environmental stability system, regulatory elements of the spatial arrangement (e.g. street and building lines, height and volume of installation, land use indicators, transport and technical equipment solutions) and the definition of areas for public utility buildings. ';
27.
Territorial projects shall be binding in the section dealing with the specific location of the buildings and the use of the territory, in particular the conditions for the implementation of the buildings, including the regulatory elements of the spatial layout and the determination of areas for public works, shall be approved as mandatory. ';
28.
"(1) The full elaborate of the land planning documentation of the large territorial unit shall be deposited with the Central Authority for Territorial Planning of the Republic and with all regional authorities whose territory is affected by the solution. According to the agreement it can also be deposited with the Municipality Office of the City of Prague, the Municipality of the Slovak Republic Bratislava and possibly the offices of other cities.
(2) The full elaborate of the spatial planning documentation of the local unit and zone shall be deposited with the municipal authority of the municipality for which it was acquired and, where applicable, with the authority which acquired the zoning documentation and with the building office, if it is a body other than the authorities mentioned above.
(3) The Central Authority for Territorial Planning of the Republic shall keep a record of the approved planning documentation in the territory of the Republic. For that record, the purchaser shall be obliged to send copies of the resolution approving the zoning documentation and the land planning documents with selected data on the approved zoning documentation for the integrated zoning information system. ';
29.
Number of copies of zoning documentation
(1) The Buyer shall order the draft zoning documentation in sufficient copies to be deposited with all the authorities referred to in Article 36 (2).
(2) The concept of zoning documentation shall be ordered by the purchaser in the number of copies corresponding to the need for operational discussion, at least in two copies. "
Annexes 1, 2 and 3 to Decree No 84 / 1976 Coll. are replaced by Annexes 1 and 2.
The territorial planning documentation developed on the date of entry into force of this decree, provided that it does not allow application for the required functions in the territory, shall be adapted accordingly.
This decree shall take effect on the day of its publication.
Minister
The Federal Committee on the Environment:
Vavroušek v. r.
Minister for the Environment
Czech Republic:
Dejmal v. r.
Minister
Slovak Environment Commission:
Tirpák v. r.
Příloha č. 1
Annex No 1
Basic content of territorial and economic principles
The territorial and economic principles for addressing all stages of the territorial plans shall include in particular:
(a) the reasons for the acquisition of the zoning plan and the establishment of the development objectives, expressing the development programme of the acquirer and the variants of trends in the overall development of the territory to be addressed;
(b) a preliminary definition of the area to be addressed;
(c) relations with a higher territorial unit than the territory concerned;
(d) basic demographic data;
(e) environmental protection and development requirements and territorial environmental stability systems;
(f) requirements with regard to the protection of the soil fund, mineral deposits, cultural monuments, in the interest of civil defence and routes of superior systems of transport and technical equipment of the territory and others;
(g) principles of application of the results of the territorial forecast, if any,
(h) specific requirements and conditions for the overall solution and for the adaptation and scope of the concept and design documentation.
The territorial and economic principles for the different stages of the territorial plan shall also include:
For the large territorial unit:
(a) an assessment of the size of the important departments and their functions in the settlement structure;
(b) demographic views;
(c) an assessment of the land use limits.
For the housing unit:
(a) the binding parts of the previous planning documentation and the planning documentation of a higher degree where the need for amendments and additions does not result from the negotiation of territorial and economic principles;
(b) the size of the local unit and its expected development;
(c) the importance and function of the settlement structure,
(d) specific requirements and conditions for addressing the conversion of the local unit and the use of the areas;
(e) the essential characteristics of the development of transport and the concept of technical equipment, including waste management;
(f) specific requirements and conditions for the urban composition of the local unit;
(g) requirements for sub-territorial technical solutions for individual zones and their areas, including the definition of areas for public works;
(h) the requirements and conditions for dealing with the relationship between the local unit and its territory with regard to the load on the territory.
For zone
(a) the binding parts of the previous planning documentation and the planning documentation of a higher degree where the need for amendments and additions does not result from the negotiation of territorial and economic principles;
(b) the broader relationship of the zone area to the department in terms of transport and technical equipment;
(c) requirements arising from the position and functions of the construction control zone, including traffic management and technical equipment;
(d) requirements for the conservation and development of natural and artificial environments;
(e) requirements for rendering;
(f) the required control elements of the spatial arrangement.
Příloha č. 2
Annex No 2
Basic content of selected planning documentation
1. Territorial plan
The territorial plans of all stages shall include in particular:
(A) Text section:
(a) basic information on the award, the supporting documents and the main objectives of the solution, the definition of the territory, the evaluation of previously drawn up and approved planning documents, the evaluation of how the territorial and economic principles have been met, the evaluation of the results of the discussion of the concept of the solution and the discussion of binding principles with the competent authorities of the government, municipalities and the public;
(b) a proposal for a solution to the zoning plan;
- the definition of the area addressed,
- description and justification of the proposed basic urban design of the solution,
- the design of the spatial layout of the territory and the design of the principles of its use, including changes in its use,
- comprehensive environmental quality assessment,
- design of regulators for functional and spatial layout of the territory, including limits on the use of the territory (e.g. urban, spatial, composite, cultural historical, ecological, transport, technical),
- the design of territorial systems and elements of environmental stability,
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Regulation Information
| Citation | Decree of the Federal Committee on the Environment, Ministry of the Environment of the Czech Republic and Slovak Commission on the Environment No. 377 / 1992 Coll., amending and supplementing the Decree of the Federal Ministry for Technical and Investment Development No. 84 / 1976 Coll., on Territorial Planning Documentation and Territorial Planning Documentation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.07.1992 |
|---|---|
| Effective from | 17.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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