Government Decree No. 51 / 1950 Coll.
Ordinance on municipal spatial planning
Valid
Effective from 01.06.1950
51.
Government Regulation
of 16 May 1950
on territorial planning of municipalities.
The Government of the Czechoslovak Republic hereby orders pursuant to § 2 (3), § 5 (3), § 15 (5), § 26 (1) and § 27 and § 29 of Act No. 280 / 1949 Coll., on Urban Planning and the Construction of Municipality ("the Act '):
Town plans.
The purpose of urban planning.
(1) The territorial plans of the municipalities (hereinafter referred to as the "territorial plans") ensure that the development of the municipalities is consistent with the development of socialism, in particular by:
(a) prepare the conversion of villages, corresponding to the gradual conversion of agricultural production into higher forms, so as to bring the living conditions of cities and villages gradually closer together and eliminate the differences between the city and the countryside;
(b) prepare the necessary changes to the urban settlement structure;
c) Serves the planned distribution of production forces in the region and more detail the planned tasks in the municipality;
d) ensure planning in the development of municipalities by concentrating the construction of new buildings on the most suitable sites for the purpose and ensuring the economical and efficient use of the land;
(e) ensure conditions for the construction of generally needed equipment.
(2) In territorial planning, it is necessary to ensure that municipalities are built in accordance with public needs and interests, in particular the interests of State defence. When dealing with all questions, account must be taken of their relations with all components of the economy, the artistic aspects and the protection of cultural monuments and nature.
Indicative territorial plan of the municipality.
The indicative territorial plan of the municipality (hereinafter referred to as the "indicative plan ') shall be drawn up for the basic territory of the common interest, the whole territory of one or more municipalities. The Regional National Committee may pool local national committees of two or more municipalities to draw up a joint indicative plan.
The indicative plan shall include:
(a) a communication network plan (railway routes, roads of greater than local importance and the downstream network of major transport streets and squares, waterways);
(b) a plan for the layout of areas determining the use of areas for individual purposes, in particular for mining, production, transport equipment including necessary buildings (including for airports, mail and telecommunications), housing, public administration, services (social, health and cultural, physical education, distribution) and crops; This plan shall also indicate the areas for landscape rendering (Section 17 (1) of the Act);
(c) a water management plan;
(d) the planned population density (population per hectare of residential areas defined by transport streets) and the planned population of the municipality;
(e) protected buildings, stands, trees, conservation sites, built or not;
(f) a comprehensive report drawing overall conclusions from the content referred to in points (a) to (e) for the planned development of the territories for which the indicative plan is being drawn, taking into account in particular the unsatisfactory basic needs of the workers and giving guidance on the development and content of the detailed urban plan of the municipality.
A detailed territorial plan of the municipality.
The detailed territorial plan of the municipality (hereinafter referred to as the "detailed plan ') is established on the basis of the indicative plan, unless it has been abandoned (Section 26 (2) of the Law), for the part of the territory for which it is effective. For the entire territory of the municipality, a detailed plan shall be drawn up if this is necessary for the integrity of the territory of the municipality and the intensive use of it, or if the indicative plan envisages a substantial change in the use of the land on the major part of the municipality. The scope of the territory for which a detailed plan is to be drawn up shall be determined by the Regional National Committee.
(1) In the detailed plan, the following are graphically marked:
(a) areas with a schematic representation of the method of construction and the number of floors (for areas intended for production if the type and extent of the area are already well known) and how the protected parts of the municipality will be preserved;
(b) unstoppable areas; and
(c) as a general rule, also construction circuits with directives for the process of stopping them.
(2) The detailed plan must also comply with the provisions of Article 3 on the content of the indicative plan in the municipalities in which the acquisition of the indicative plan will be abandoned (Section 26 (2) of the Law).
(3) A detailed plan shall be provided by the Directive for the rendering or conversion of the municipality, taking into account the economical use of existing communications and other public facilities, as well as the order in which the rendering or conversion is to be carried out gradually. In doing so, care must be taken to ensure that the centre of the municipality, including the historical parts (the core of the municipality), does not miss out and depopulate, but is inhabited by working people, unless it is inappropriate for health or other reasons, that it is equipped with public facilities for the needs of its population and that the housing level does not remain within the newly growing parts of the municipality. The detailed plan shall also be provided, as appropriate, with guidelines for landscape rendering.
Acquisition and management of land plans.
The basis for drawing up the territorial plans are analyses which give an overview of how the territory of the municipality is equipped, how it is used and what are the possibilities and assumptions for its development. The analyses are conducted by the Regional National Committees.
(1) The Local National Committee shall draw up territorial plans in accordance with the directives and guidelines given to it by the Regional National Committee following the previous findings of the opinions of the central authorities, whose competence shall affect the content of the plans, in particular the Ministry of National Defence. The Regional National Committee shall also define, by its guidelines, the tasks to be carried out by the municipality in economic life in the territory of the district and region and in the development of the interrelations between the different parts of the district and region.
(2) The local national committee shall appoint or draw up the regional plans itself. The approval of the Regional National Committee shall be required for the establishment of territorial plans. If the local national committee does not approve the territorial plans within the time limit set by the Regional National Committee, the Regional National Committee shall arrange for the necessary work to be carried out.
(3) The draft detailed plan shall be interpreted in such a way that it is publicly available for 21 days; the unloading shall be declared on the relevant official list. Citizens living in the municipality may comment on the plan at the time of unloading. Within the same period, the public authorities concerned by the content of the plan may object.
(4) The local national committee shall submit a territorial plan to the Regional National Committee on which it has decided. The Regional National Committee shall discuss the territorial plan with the central authorities whose competence is affected by the content of the plan and shall, after prior agreement of the military administration, issue a notice:
(a) either confirm the plan, after minor modifications; or
(b) return it for processing and determine how and within what period the plan is to be amended or supplemented, where appropriate;
(c) if a detailed plan is taken, it shall also decide on the objections submitted (paragraph 3), provided that they have not already been complied with by the local national committee.
(5) From the area referred to in paragraph 4, the local national committee and public authorities concerned by the content of the plan may appeal to the planning authority; where the appeal also concerns the competence of another central office, the State office of planning shall decide in agreement with it.
(6) If the local national committee does not comply with the guidelines granted within the prescribed time limit, the Regional National Committee shall arrange for the necessary work to be carried out.
If a multi-municipality territorial plan is established, the participating local national committees shall agree on its preparation and the plan shall be discussed in the manner set out in Section 7, in all participating municipalities. If different resolutions occur, the Regional National Committee shall decide on the contradictions. The Regional National Committee shall also determine which local National Committee shall include the reimbursement of costs in its budget.
By the end of 1951, the cost of acquiring the territorial plans shall be borne by the budget of the State Office of the Planning Authority.
Construction circuits and substantial changes in land use.
Building circuits.
(1) One or more building circuits shall be identified for each municipality in which new land structures or public facilities are to be carried out. When determining the construction circuits, account shall be taken of the need for areas for individual purposes and of the types of construction, if any.
(2) The area of the Regional National Committee on the designation or change of the construction district (Section 5 (3) of the Act) may be called up by the local national committee and the public authorities concerned by the determination of the construction district to the State office of the planner who decides on the appeal in agreement with the Ministry of Technology. The originally designated building district shall be publicly declared in the municipality in the usual manner and indicated in a detailed plan.
Construction outside the building circuits.
(1) In addition to the construction circuits identified by the detailed plan or by the Regional National Committee (Section 5 (3) of the Act), only the following works may be carried out:
(a) buildings for the purpose of State defence or military administration;
(b) gas, water, steam, diesel, sewage lines (with the exception of cleaning stations), air and cable lines of electricity, heavy current and air and cable lines of telecommunications with the necessary construction equipment, if they pass through areas not intended for installation;
(c) the construction of roads, including the necessary operational accessories (waiting rooms, guard posts, gates, service stations and the like), but not the construction of larger buildings (station buildings and such as); However, this provision does not apply to building streets in a continuously built part of the municipality;
(d) modifications to existing buildings which do not alter their floor and height dimensions.
(2) With the permission of the Regional National Committee, the following may be carried out outside the construction circuits:
(a) modifications to existing buildings which alter their ground design and height;
(b) isolated new buildings for the purposes of agriculture, forestry, mining or other mining or processing of minerals and the use of natural resources, as well as for the purposes of industrial production, transport, radio, health, recovery and tourism;
(c) unique new buildings needed to protect cultural and natural monuments (shelters over archaeological excavations, watchkeeping and administrative objects on castle ruins, research stations, etc.).
(3) An appeal from an area by which the Regional National Committee rejects an application for authorisation pursuant to paragraph 2 shall be decided by the State Office planning in agreement with the Ministry of Technology and the Central Office whose jurisdiction is concerned.
Significant changes in land use.
(1) Where a territorial plan is not in force, the local competent regional national committee shall be notified of the following, before inclusion in the proposal for the relevant implementation plan to be established for the implementation of the single economic plan (hereinafter referred to as the "implementation plan '), after the proposal for amending that plan:
(a) the extension of the areas on which mining takes place or on which the mining takes effect. These are, in particular, operational areas, submines and areas of transport and other secondary mining facilities;
(b) the interruption of operations on the areas referred to in (a), such as the cessation of mining, the removal of transport and other mining installations;
(c) the construction of new roads and railways and their bridges, as well as their expansion, which will result in an increase in their capacity (e.g. further rail tracks, road extensions, road rebuilding) and their transformations, the establishment and cancellation of airports;
(d) the construction of waterways and facilities for the use of water forces, cableway transports, river treatment, the construction of flood protection, water supply and waste disposal facilities, the construction of sewage treatment stations, installations for the capture and use of natural mineral and medicinal resources;
(e) the setting-up of high and very high-voltage high-voltage, high-current and telecommunications and long-range gas lines;
(f) the setting up of quarries, clays, sandstone, peat and the like;
(g) forestry measures where they relate to a continuous area exceeding 20 ha;
(h) the establishment or cancellation of tank warehouses and petrol filling stations.
(2) In order to report, the reporting agent is obliged to propose that the reporting activity be included in the implementation plan (investor). If, within 3 weeks of the date on which the report was submitted, the notifier does not receive a notification from the Regional National Committee that it reserves a decision after the investigation, the Regional National Committee shall be deemed to agree to carry out the notified activity. If the Regional National Committee does not agree to carry out this activity, which would be contrary to the efficient, economical and coherent development of the municipality, it shall notify the announcer accordingly. Such activity cannot be included in the draft implementation plan. From a negative decision of the Regional National Committee, the notifier may appeal to the State Planning Office, which shall decide on the appeal in agreement with the Central Office, whose competence is affected by the reported activity.
Provisions common, transitional and final.
Access to property and compensation.
(1) In order to prepare analyses or plans, persons who are declared by a confirmation of the Regional or Local National Committee may, provided that there is no need for the authorisation of other authorities under specific regulations, enter the property designated by the National Committee and carry out the necessary work there, which may only be carried out on the spot. Such persons shall be obliged to ensure that the damage, if it cannot be avoided in these works, is as small as possible, and to maintain confidentiality against unauthorised persons about the facts they have learned in their activities.
(2) Damages which cannot be avoided are borne by the local national committee; If there is no agreement on the amount of compensation, the district national committee shall decide on it.
(3) General rules shall apply to compensation for damage caused by intentional or gross negligence.
Transitional provisions.
(1) For a transitional period, the construction circuits are also determined in municipalities which do not have a confirmed territorial plan or a valid adjustment plan (Section 19 of the Act) but only to the extent necessary.
(2) Adaptation plans which have not yet been approved in accordance with the existing rules on the initial date of application of this Regulation shall be submitted to the Regional National Committee which may determine that they should be discussed as indicative or detailed plans.
Implementing regulations.
The State Planning Office shall provide for a decree in the relevant official document.
(a) the way in which analyses are to be drawn up (Article 6) and the territorial plans;
(b) in agreement with the Ministry of Technology, the method of drawing up the analyses and territorial plans and the criteria in which they are drawn up, as well as the directives specifying in more detail the content of the territorial plans;
(c) in agreement with the national defence and interior ministries, the conditions under which territorial plans may be consulted;
(d) in agreement with the participating ministries, in particular the ministries of national defence, interior and technology, the Directive for the determination of construction circuits (Sections 10 and 14 (1)), in particular the areas to be included in the construction circuit, the cases in which the construction circuit is to be identified and for what purposes, the Directive for the management of construction circuits, and the end of the transitional period referred to in Section 14 (1).
The effectiveness of the law.
The provisions of Sections 1 to 5, 15 and 16, 19, 21 and 24 to 29 of the Act, in so far as they concern spatial planning, shall become effective on 1 June 1950.
Efficiency and implementation of the Regulation.
This Regulation shall enter into force on 1 June 1950. They shall be implemented by the Minister-President of the State Planning Office and the Minister of Interior in agreement with the participating members of the Government.
Zaporocký v. r.
Dr Dolansky v. r.
Nosek v. r.
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Regulation Information
| Citation | Government Decree No. 51 / 1950 Coll., on Urban Planning of Municipality |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.05.1950 |
|---|---|
| Effective from | 01.06.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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