Decree No. 458 / 2012 Coll.
Decree amending Decree No. 500 / 2006 Coll., on Territorial Analysis Subscriptions, Territorial Planning Documentation and how to register Territorial Planning Activities
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458
DECLARATION
of 17 December 2012
amending Decree No. 500 / 2006 Coll., on Territorial Analysis Documentation, Territorial Planning Documentation and how to register Territorial Planning Activities
The Ministry of Local Development provides pursuant to § 193 of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 227 / 2009 Coll. and Act No. 350 / 2012 Coll.:
Decree No. 500 / 2006 Coll., on Territorial Analysis Documentation, Territorial Planning Documentation and the manner in which the territorial planning activity is recorded, is amended as follows:
1. in Paragraph 4 (1) (b) (2):
"2. identification of problems to deal with in land planning documents, including in particular requirements for the elimination or limitation of urban, transport and health defects, conflicts of plans to make changes in the territory and conflicts of these projects with limits on land use, weaknesses, threats and risks related to the imbalance of territorial conditions for sustainable development of the territory.";
2. In the second sentence of Paragraph 4 (2), "paragraph 4 'is replaced by" paragraph 3'.
3. In the third sentence of Article 4 (3), "used 'is replaced by" provided'.
4. Paragraph 5 (1) is deleted.
Paragraphs 2 to 4 shall be renumbered paragraphs 1 to 3.
5. In Paragraph 5 (2), the words "in the Council of Communes' are replaced by the words" with municipalities'.
6. In Part Three, in Title I, the words "Paragraph 38 (6) 'are deleted and the words" Paragraph 42 (4)' are replaced by the words "Paragraph 42 (8) '.
7. In Paragraph 6, at the end of paragraph 1, the sentence "For the principles of the territorial development of the capital city of Prague, the content set out in Annex 4 to this decree shall apply mutatis mutandis, unless the nature of the case so excluded."
8. In Article 6, at the end of paragraph 2, the sentence "The boundaries of the area to be addressed shall be indicated in the drawings' is added.
(9) Paragraph 7, including footnote 2, is deleted.
10. in Article 8 (1) (b), the words "the reference number, the date of issue and" shall be deleted;
11. in Article 9 (a), the words "the communication as to whether negative impacts on the sustainable development of the territory have been identified and, if found, proposals for their elimination, minimisation or compensation" shall be replaced by the words "the assessment of changes in the conditions under which the territorial development principles were issued (Section 5 (6) of the Building Act) and the assessment of any unforeseeable negative effects on the sustainable development of the territory."
12. in § 9 (e):
"(e) the requirements and conditions for the processing of the draft update of the principles of territorial development, including the requirements for assessing the effects on the sustainable development of the territory, where required, or the requirements and conditions for the processing of the draft new principles of territorial development, including the requirements for assessing the effects on sustainable development of the territory,";
13. in Article 9, the following points (f) and (g) are inserted after point (e):
"(f) requirements for the processing of solution variants;
(g) proposals for the elimination, minimisation or compensation of negative impacts on the sustainable development of the territory, if any, '.
Point (f) shall be renumbered as point (h).
14. In Part Three, in Title II, "§ 48 (8), § 51 (4) and § 55 (5) 'is replaced by" § 50 (1) and § 55 (6)'.
15. in Article 11 (3), the words "the concept of a zoning plan" shall be replaced by the words "the solution variant" and the words "to process the solution variants" shall be deleted;
16. Article 12 shall be deleted;
17. In Paragraph 13, at the end of paragraph 1, the sentence "The content set out in Annex 7 shall apply mutatis mutandis for the territorial plan of a military exit."
18. in Paragraph 13 (2):
"(2) Drawings which are part of the graphical part of the zoning plan shall be processed above the map on the scale of the cadastral map or on the scale of 1: 5 000 and shall be issued on the scale of 1: 5 000 or 1: 10 000. The drawing of broader relationships shall be processed and published on a scale of the drawing of areas and corridors of territorial development principles or more. Drawings contain phenomena that can be displayed on a given scale. The drawings shall indicate the boundaries of the area to be addressed. ';
19. In Paragraph 13, the following paragraph 3 is inserted after paragraph 2:
"(3) Drawings of the military escape zoning plan shall be drawn up above the 1: 5 000 scale map and issued on a scale specified by the Ministry of Defence in the zoning plan. '
Paragraph 3 shall become paragraph 4.
20. in Article 14 (1) (b), the words "the reference number, the date of issue and" shall be deleted;
21. in Paragraph 15 (a):
"(a) an evaluation of the application of the zoning plan, including an evaluation of the changes to the conditions under which the zoning plan was issued (Section 5 (6) of the Construction Act) and an evaluation of any unanticipated negative effects on the sustainable development of the territory;"
22. in Paragraph 15 (d), "paragraph 3" is replaced by "paragraph 4."
23. In Article 15 (e), the words "where appropriate, the concept of changing the zoning plan, including the requirements for processing and the conditions for assessing options for solutions, where appropriate, for evaluating effects on the sustainable development of the territory," shall be replaced by the words "within the scope of the award of the amendment."
24. in Article 15, the following points (f) to (i) are inserted after point (e):
"(f) the requirements and conditions for assessing the effects of the proposal for a change of the zoning plan on the sustainable development of the territory (Section 19 (2) of the Building Act), where an environmental impact assessment is required or where a significant negative impact on a European site or bird area cannot be excluded;
(g) requirements for the processing of variants of the proposal for a change of the zoning plan, if the processing of the variants is required;
(h) a proposal for the acquisition of a new zoning plan where the facts referred to in points (a) to (d) show the need for a change that substantially affects the concept of zoning;
(i) requirements for the elimination, minimisation or compensation of negative impacts on the sustainable development of the territory where they have been identified in the evaluation of the application of the zoning plan; ';
Point (f) shall be renumbered as point (j).
25. In Part Three, in Title III, the words "Section 61 (4), Section 64 (6) 'are replaced by the words" Section 61 (5), Section 64 (7)'.
26. Paragraph 18 (3), including footnote 3, is deleted.
27. In Paragraph 19, the following sentence is added at the end of paragraph 2: "The drawings shall indicate the boundaries of the area to be addressed. A regulatory plan which does not replace a territorial decision may be issued on a scale of 1: 2 000. '
28. in Article 20 (1) (b), the words "the reference number, the date of issue and" shall be deleted;
29. In Annex 2, point 8, the word "transmitted 'is replaced by the word" provided'.
30. In Annex 2, in the heading III, the word "used 'is replaced by the word" provided'.
31. In Annex 2, point 9, the word "used 'is replaced by the word" provided'.
32. In Annex 4, point I.1, the words "including taking into account the priorities set out in the territorial development policy 'shall be added at the end of the text in point (a).
33. In Annex 4, point I.1 (d), the words "affecting the territory of several municipalities," shall be deleted.
34. In Annex 4, point I.1, at the end of the text in point (d), the words ", for land use reserves to be checked 'shall be added.
35. in Annex 4, point I.1 (f):
"(f) the determination of the target characteristics of the landscape 5), including territorial conditions for their conservation or achievement;"
36. in Annex 4, points I.1 (g) and (h) and I.2 (b), (d) and (e), the words "of superlocal importance" shall be deleted;
37. in Annex 4, point I.1 (i), the word 'is' is' is replaced by 'is' and the words' is a condition for decision-making, as well as the time limit for the acquisition of a territorial study, its approval by the purchaser and the entry of data on a territorial study into the register of planning activities' is deleted.
38. In Annex 4, point I.1 (j), the words "and the establishment of a time limit for the acquisition of a regulatory plan and its submission to the councils of the county 'are replaced by the words" including whether it will be a regulatory plan on initiative or at request, and the time limit for the issue of a regulatory plan on initiative'.
39. in Annex 4, point I.1, point (k) is deleted;
Points (l) and (m) shall be renumbered as points (k) and (l).
40. in Annex 4, point I.1 (k), "(k) and (l)" is replaced by "(j)."
41. in Annex 4, point (I), the dot is replaced by a comma and the following point (m) is added:
"(m) the setting of compensatory measures under Paragraph 37 (8) of the Construction Act."
42. In Annex 4, point I.2 (c):
"(c) drawing of landscape types 5) according to the defined target characteristics,"
43. In Annex 4, point I.2, "to (c) 'is replaced by" and (b)'.
44. in Annex 4, point II.1 (a), the words "including an assessment of compliance with territorial development policy," shall be deleted;
45. In Annex 4, point II.1, at the end of the text in point (c), the words "and conformity assessment 'and points 1 to 3 are added:
"1. with the approved selection of the most appropriate variant and conditions for its modification in the case of the procedure under Paragraph 38 (2) of the Construction Act,
2. with guidelines for the processing of the draft principles of territorial development in the case of a procedure under Section 38 (3) of the Building Act;
3. the decision to update the principles of territorial development and its content in the case of a procedure under Article 42 (6) of the Building Act, '.
46. in Annex 4, point II.1 (d):
"(d) a list of matters relating to the development of the territory of the State which are not covered by the territorial development policy (Section 36 (1) of the Building Act), with the justification for the need to define them;"
47. in Annex 4, point II.1, the words "for areas and corridors of republican and supra-local importance" shall be added at the end of the text of point (e);
48. Annexes 5 and 6, including the headings, read as follows:
"Annex No 5 to Decree No 500 / 2006 Coll.
Content of the assessment of the expected effects of the territorial development principles and the territorial plan on the sustainable development of the territory
The effects that can reasonably be expected shall be evaluated to the extent, details and degree of specificity that the land planning documentation is procured. The effects shall be determined by an expert estimate.
A. Assessment of the effects of the principles of territorial development or of the zoning plan on the environment, drawn up in accordance with an annex to the building law, where the competent authority has applied a requirement for such evaluation.
B. Evaluation of the effects of the territorial development principles or the territorial plan on European sites or bird areas, unless the nature conservation authority has ruled out a significant impact on those territories.
C. Assessment of the effects on the facts found in the territorial analysis.
D. Any evaluation of the effects on other factors affected by the proposed solution but not covered by the territorial analysis, such as those identified in the additional surveys and analyses.
E. Evaluation of the contribution of the territorial development principles or the spatial plan to the fulfilment of the territorial planning priorities to ensure the sustainable development of the territories contained in the territorial development policy or in the territorial development principles.
F. Evaluation of the effects on the sustainable development of the territory - summary.
Evaluation of the effects of the territorial development principles or the territorial plan to improve territorial conditions for the favourable environment, economic development and the cohesion and consistency of the communities of the inhabitants of the territory.
Příloha č. 6
Annex No 6 to Decree No 500 / 2006 Coll.
Content of the zoning plan
The award of a zoning plan shall include the main objectives and requirements for the preparation of the zoning plan proposal, in particular:
(a) requirements for the basic concept of the development of the territory of the municipality, expressed in particular in the objectives of improving the existing situation, including the development of the municipality and the protection of the values of its territory, in the requirements for changing the character of the municipality, its relation to the housing structure and the availability of public infrastructure; These requirements may be further specified and supplemented as necessary, in the light of the requirements of:
1. urban design, in particular for the verification of the area and spatial layout of the built-up area and for the verification of possible changes, including the definition of stopping areas;
2. the concept of public infrastructure, in particular to examine the organisation of public infrastructure and the possibility of its amendment;
3. the concept of landscape layout, in particular for the examination of the area and spatial layout of the unbuilt territory and for the examination of possible changes, including those in which areas it is appropriate to exclude the placement of buildings, equipment and other measures for the purposes referred to in Paragraph 18 (5) of the Construction Act;
(b) requirements for the definition and use of areas and corridors of territorial reserves to be examined;
(c) requirements to verify the definition of public utility buildings, public utility measures and rendering for which expropriation or pre-purchase law may be applied;
(d) the requirements for verifying the demarcation of areas and corridors in which decisions on changes in the territory will be made subject to the issue of a regulatory plan, the processing of a territorial study or the conclusion of a parcelation agreement;
(e) any requirement for the processing of solution variants,
(f) the requirements for the organisation of the content of the draft zoning plan and for the organisation of the content of its justification, including the standards of drawings and the number of copies;
(g) in the case of the capital city of Prague, the definition of the area concerned, if the territorial plan is to be issued for a part of the territory of the city;
(h) requirements for assessing the expected effects of the zoning plan on the sustainable development of the territory.
The above points include
1. specifying the requirements arising from the territorial development policy;
2. specifying the requirements resulting from the regional planning documentation issued by the Region;
3. specifying the requirements arising from the territorial analysis, in particular from the problems identified in the territorial planning documentation and, where appropriate, additional surveys and analyses;
4. other requirements, such as the requirements of the municipality, those resulting from the report on the application of the zoning plan pursuant to Article 55 (1) of the Building Act or from discussions with the authorities and the public concerned. ';
49. In Annex 7, point I.1, the word "basic 'shall be inserted at the beginning of point (b).
50. in Annex 7, point I.1 (e), "minerals" is replaced by "mineral deposits."
51. in Annex 7, point I.1 (f):
"(f) laying down the conditions for the use of areas with different uses with the determination of the predominant purpose of the use (main use), where applicable, the permissible use, the unacceptable use (including the setting of areas in which the location of buildings, installations and other measures for the purposes referred to in Paragraph 18 (5) of the Construction Act is excluded), and, where applicable, the setting of the conditional use of such areas and the setting of the conditions of the spatial layout, including the basic conditions of protection of the landscape (for example, the height regulation of the building, nature and structure of the installation, the determination of the area for the definition of construction sites and the intensity of their use), '.
52.In Annex 7, point I.1 (h):
"(h) the definition of public utility buildings and public spaces for which the right to pre-purchase may be applied, indicating in whose favour the right to pre-purchase is established, the land parquet numbers, the name of the cadastral territory and, where appropriate, the other information referred to in Article 5 (1) of the cadastral law,"
53.In Annex 7, point I.1, the following point (i) is inserted after point (h):
"(i) the setting of compensatory measures under Section 50 (6) of the Construction Act,"
Points (i) and (j) shall be renumbered as points (j) and (k).
54. in Annex 7, point I.1 (k), the words "the zoning plan for part of the territory" shall be inserted after the words "in the case of."
55. in Annex 7, point I.2, the following point (b) is inserted after point (a):
"(b) the definition of the areas in which the decision on changes in the territory is subject to an agreement on parking,"
Points (b) to (f) shall be renumbered as points (c) to (g).
56. In Annex 7, point I.2 (c), the words "the examination of changes in their use of territorial studies shall be subject to decision and to the establishment of a time limit for the acquisition of a territorial study, its approval by the purchaser and 'shall be replaced by the words" the decision on changes in the territory shall be subject to the processing of a territorial study, the conditions for its acquisition and the reasonable time limits for'.
57. in Annex 7, point I.2 (d):
"(d) the definition of areas and corridors in which the decision on changes in the territory is subject to the issue of a regulatory plan, the award of a regulatory plan to the extent set out in Annex 9, the determination of whether it will be a regulatory plan on the initiative or at the request and, for the regulatory plan, the setting of a reasonable time limit for its issue, ';
58. In Annex 7, point I.2, at the end of point (f), the comma is replaced by a dot and point (g) is deleted.
59. In Annex 7, point I.3 (a), the words "the territory to be addressed," shall be deleted and the words "the examination of changes to their use of territorial studies shall be required or the conditions for their use shall be laid down in a regulatory plan 'shall be replaced by the words" the decision on changes in the territory shall be subject to the conclusion of a parcelation agreement, the processing of a territorial study or the issue of a regulatory plan'.
60. In Annex 7, point I.3 (b), the words "in particular the definition of areas with different uses, the concept of landscape layout, including areas with a change of use, the concept of public infrastructure including the definition of areas and corridors for transport and technical infrastructure, the definition of the built-up area, the built-up areas and the conversion areas, the areas and corridors for public utilities, the concept of public infrastructure including the definition of areas and corridors for transport and technical infrastructure, the areas and corridors for territorial reserves' shall be replaced by the words" the definition of areas with different uses, built-up areas and conversion areas, as well as well as well as well as well as well as the design of areas with the proposed use, the concept of public infrastructure, including the definition of areas and corridors for transport and technical infrastructure, areas and corridors for territorial reserves'.
61. in Annex 7 (II) (1) (a), the words "including compliance with the regional planning documentation," shall be deleted;
62. In Annex 7 (II) (1) (b):
"(b) assessment of compliance with the requirements of the award and, where appropriate, assessment of compliance
1. with the approved selection of the most appropriate variant and conditions for its modification in the case of the procedure under Section 51 (2) of the Building Act,
2. with guidelines for the processing of the draft zoning plan in the case of the procedure under Section 51 (3) of the Building Act,
3. with guidance on the modification of the draft zoning plan in the case of the procedure under Section 54 (3) of the Building Act,
4. the decision to acquire or modify the zoning plan and its content in the case of a procedure under Paragraph 55 (3) of the Construction Act, '.
63.In Annex 7, point II.1 (c):
"(c) a list of matters of supra-local importance which are not addressed in the principles of territorial development (Section 43 (1) of the Building Act), with the justification for the need for their definition;"
64. In Annex 7, point II.1, point (d) is deleted.
Point (e) shall be renumbered as point (d).
65.In Annex 8, point III is replaced by the following:
66. In Annex No 8, point V., the words "(to be completed if the purchase of a regulatory plan is not included in the territorial development or zoning principles) 'are deleted.
67. In Annex No 8, point VII., the words "(to be added if the assignment of the regulatory plan is not part of the principles of the zoning or zoning plan) 'are deleted.
68. In Annex No 8, at the end of point VII., the sentence "Incentives for acquisition shall contain the elements referred to in points II. to VII. only where the acquisition of a regulatory plan is not subject to the principles of territorial development or a territorial plan. ';
69. in Annex No 8, the following point VIII is inserted after point VII.:
"VIII. Proposals for reimbursement of costs (Section 63 (1) of the Building Act)............................................................................................ '
70. in Annex 9 (1) (h), the words "fire protection" shall be inserted after the words "public health."
71. in Annex 9 (1) (i), the word "species" shall be deleted;
72.In Annex 9 (1) (j):
"(j) the requirements from the conclusion of the detection procedure, including the determination of the next procedure, where the environmental impact assessment procedures and the procurement of the regulatory plan are combined;"
73. In Annex No 10, Part A., point IX is deleted.
74. In Annex No 10, Part B., point 1, the words "or their decisions, accompanied by a clause of legal authority, shall be deleted."
75. In Annex No 10, Part B. (2):
76. In Annex No 10, Part B, points 3 to 6 are deleted.
Points 7 to 13 shall become points 3 to 9.
77. In Annex No 10, Part B., point 7, the words "or to replace 'are deleted.
78. In Annex 10, Part B., the words "when the conditions set out in Section 66 (3) (g) of the Construction Act are met, instead of the planning contract, the applicant may document contracts with the relevant owners of public transport or technical infrastructure 'shall be added at the end of the text of point 8.
79. In Annex 11, point I.1, the word "detailed" shall be inserted at the beginning of points (b) to (e).
80. In Annex 11, point I.1, the words "and for fire protection 'shall be added at the end of the text in point (f).
81. In Annex 11, point I.1 (g), the words "in the case of replacement of a territorial decision for such constructions, also" shall be inserted after the words "Expropriation," and at the end of the text the words "land affected by the demarcation" shall be added.
82. In Annex 11, point I.1 (h):
"(h) the definition of public utility buildings and public spaces for which the right to pre-purchase may be applied, indicating in whose favour the right to pre-purchase is established, the land parquet numbers, the name of the cadastral territory and, where appropriate, the other information referred to in Article 5 (1) of the cadastral law,"
83. In Annex 11, point I.2, in the introductory part of the text, the words "proposed regulation, in particular by reference 'are inserted after the words" range'.
84. In Annex 11, point I.2 (b):
"(b) conditions for the location and spatial design of buildings not covered by public infrastructure structures, including urban and architectural conditions for the processing of project documentation and for the protection of landscape character (for example street and building lines, distance of construction from the boundaries of the land and neighbouring buildings, floor size of the building, flooring, height, volume and shape of construction, basic data on the capacity of the construction, determination of the parts of the land which may be built, stopping the land by other buildings)."
85. in Annex 11, point I.2, the following point (d) is inserted after point (c):
"(d) conditions for changing the use of the territory;"
Points (d) to (h) shall be renumbered as points (e) to (i).
86. In Annex 11, point I.2 (e), the words "changes in buildings and changes in the effects of buildings on use 'are replaced by the words" changes in the impact of the use of the building on'.
87. In Annex 11, point I.2, the words "if necessary 'shall be inserted at the beginning of point (h).
88. in Annex 11, point I.2, the following point (i) is inserted after point (h):
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Regulation Information
| Citation | Decree No. 458 / 2012 Coll., amending Decree No. 500 / 2006 Coll., on Territorial Analysis Subscriptions, Territorial Planning Documentation and how to register Territorial Planning Activities |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.12.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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