ZÁKON č. 152/2023 Sb. ANEB VELKÁ VĚCNÁ NOVELA NOVÉHO STAVEBNÍHO ZÁKONA NA ÚSEKU ÚZEMNÍHO PLÁNOVÁNÍAct No. 152/2023 Coll. or a Major Substantive Amendment to the New Building Act in the Area of Spatial Planning, by Roman Vodný
The New Building Act was published in the Collection of Laws on 29 July 2021 under number 283 together with the so-called Amendment Act, which was published on the same day under number 284. At that time, the then-opposition parties had already announced that the New Building Act would be amended if they won a parliamentary majority in the forthcoming elections. A new government composed of the former opposition parties was appointed on 17 December 2021. Shortly afterwards, preparations began for a quite extensive substantive Amendment to the New Building Act.
VLÁDA SCHVÁLILA AKTUALIZACI č. 6 PÚR ČR A PROJEDNALA ZPRÁVU O UPLATŇOVÁNÍ PÚR ČR, PO AKTUALIZACI č. 4The Government Approved the Spatial Development Policy of the Czech Republic, Update No. 6 and Discussed the Report on the Implementation of the Spatial Development Policy of the Czech Republic, Following Update No. 4, by Filip Novosád, Hana Máchová & Jakub Kotrla
The Government of the Czech Republic approved the Spatial Development Policy of the Czech Republic, Update No. 6 on 19 July 2023 by its Resolution No. 542 and further discussed and acknowledged the Resolution No. 552 Report on the Implementation of the Spatial Development Policy of the Czech Republic, following Update No. 4. Both materials were developed by the Ministry of Regional Development.
ZÍSKEJTE FINANČNÍ PODPORU NA ZPRACOVÁNÍ STUDIÍ A PLÁNŮ V RÁMCI OPERAČNÍHO PROGRAMU ŽIVOTNÍ PROSTŘEDÍ 2021–2027Benefit from the Funding for the Development of Studies and Plans under the Operational Programme Environment 2021-2027, by Anna Botová
Newly launched calls have been open to applicants with the possibility of obtaining funding for the development of studies and plans under the Operational Programme Environment 2021-2027 (OPE 2021-2027). The article discusses the calls, the types of studies that can be supported under the calls and, last but not least, reviews on the call differences.
SPOLUPRÁCE JE DOHODOU OBOU SMLUVNÍCH STRAN: SOUKROMÉHO I VEŘEJNÉHO SEKTORUCooperation Means an Agreement between both Contracting Parties: The Private and the Public Sectors, by Vít Řezáč
This article aims to highlight some of the contexts that may negatively affect public-private cooperation if the market or external conditions for cooperation do not evolve in a "linear" way, but rather cyclically or unpredictably, as is more typical for both the market and the life. Cooperation is an agreement between the two parties; therefore the public sector should not see its role as merely setting the rules, but actively creating the conditions for dialogue on the quality of the environment in the municipality/city. This requires "performance" (investment, financial planning in addition to spatial planning and understanding of market mechanisms) on its part. This is the only way to ensure that the dialogue with the private sector will work on a long-term basis.
ZÁSADY PRO SPOLUPRÁCI OBCÍ S DEVELOPERY A MOŽNOST DOHODY NA ZMĚNĚ ÚZEMNÍHO PLÁNUPrinciples of Cooperation between Municipalities and Developers and the Possibility of Agreement on the Changes to the Spatial Plan, by Jiří Nezhyba
According to Section 2(2) of the Act on Municipalities, municipalities are obliged to take care of the comprehensive development of their territory and address the needs of their citizens. However, municipalities face increasing demands for the construction of new and maintenance of existing public infrastructure, i.e., in particular transport and technical infrastructure and civic amenities. Financing public infrastructure is extremely expensive. The current tax budget does not take into account how many construction activities take place in the municipality and how much the municipality needs to invest in the development of public infrastructure in order to provide quality living conditions both for its citizens and for all those who use the municipality's infrastructure and public services.
PRAVIDLA PRO SPOLUPRÁCI S INVESTORY – PRÁVNÍ ÚPRAVARules for Cooperation with Investors - Legal Regulation, by Vendula Zahumenská
Cities and municipalities are well aware of the fact that new construction activity, whether residential or industrial, brings with it many difficulties, especially the enormous demand on existing public infrastructure. Local governments try to address this unfavourable situation in various ways - by changing the spatial plan and limiting the buildable areas (which is not always possible without the risk of having a general measure or part of it revoked by a court due to unreasonable interference with property rights) or by negotiating with investors about the conditions under which their project would comply with the interests of the local government and its citizens. In the jungle of Czech legislation, the latter is not an easy task for municipal representatives or councillors, as no law provides a framework for the requirements for the provision of contributions and the building of the necessary infrastructure by investors under contract with the municipality. Nevertheless, there has already been some established practice described in this article, including recommendations on what such principles for construction could and should look like.
NOVÁ METODICKÁ PŘÍRUČKA PRO VYUŽÍVÁNÍ PLÁNOVACÍCH SMLUV V PRAXINew Methodological Guide for the Use of Planning Contracts in Practice, by Veronika Šindlerová, Jindřich Felcman & Eliška Vejchodská
The Ministry of Regional Development has published a new methodological guide which contains detailed instructions on how to use the Planning Contract tool. The primary objective of this methodological guide is to help municipalities and developers to set up fair relations between themselves in the construction process regarding the financing of related public infrastructure. The methodology guide describes in which situations it is appropriate to use Planning Contracts and the possibilities for municipalities to enforce such contracts. The main focus of the methodological guide is the setting of the adequate level of required performance by the municipality. The proposed methods are based both on an assessment of the municipality's infrastructure needs and an assessment of the increased value of the land by the issuance of planning documentation.
MAKING OF HEALTHY HABITATS: NEGOTIATING PLANNING GAIN IN LIVEABLE LONDON BUDOVÁNÍ ZDRAVÝCH SÍDEL: PLÁNOVÁNÍ LONDÝNA VHODNÉHO PRO ŽIVOT PROFITUJE Z VYJEDNÁVÁNÍ PŘI VYDÁVÁNÍ ÚZEMNÍHO ROZHODNUTÍMaking of Healthy Habitats: Negotiating Planning Gain in Liveable London, by Savannah Willits
How do we use planning and policy tools to curate liveable cities? This paper examines the role of Section 106 and Community Infrastructure Levy (CIL) in the creation of liveable London, which requires them to contribute to the provision of affordable housing and other community benefits in exchange for planning permission. This paper provides an analytical review of the proposed planning reform, specifically the replacement of Section 106 and CIL with an Infrastructure Levy (IL).
JAK ŘEŠIT OBČANSKÉ VYBAVENÍ VYVOLANÉ BYTOVOU VÝSTAVBOU?How to Deal with the Requirements for Civic Amenities Caused by Residential Construction? by Martin Tunka
The development of a municipality does not only mean the growth of its population but is also necessary to develop civic amenities, which form part of the public infrastructure. The article uses the example of primary schools to illustrate the nature and context of the topic, the solution to which is the task of spatial planning. The development of amenities and the quality of the services they provide increase the attractiveness and return on private sector investment in new construction. Negotiating with investors about their participation in the development of amenities is particularly challenging for small municipalities. In many cases, the conditions for adapting amenities to population growth cannot be provided by a single municipality's spatial plan alone.
SPOLUPRÁCE INVESTORA A HL. M. PRAHY NA ROZVOJI SMÍCHOVA V LETECH 1989–2002Cooperation of the Investor and the Capital City of Prague in the Development of Smíchov District in 1989-2002, by Paul Vincent Koch
The article brings a contribution to the debate on how the public sector can come to an agreement with the private sector so that private capital is used and invested in quality sustainable urban development that serves all its inhabitants. The author of the article studied Urban and Port Engineering at TU Delft and Urban Financial Management at the University of Amsterdam. In the article, he draws on the experience he gained during his tenure as CEO of ING Real Estate Development from 1997-2002 and describes the cooperation between the investor and the then management of the Capital city of Prague in the cooperation on the development of Prague's Smíchov district.
PRAKTICKÉ ASPEKTY UZAVÍRÁNÍ SMLUV S INVESTORY Z POHLEDU MĚSTSKÉ ČÁSTI PRAHA 7Practical Aspects of Concluding Contracts with Investors from the Perspective of the Prague 7 Municipal District, by Tereza Strádalová, Tomáš Richtr
In 2018, Prague 7 Municipal District was one of the first city districts of the Capital City of Prague which adopted the Principles of Financial Participation of the Investor in the Development of the Prague 7 Municipal District (hereinafter referred to as the "Principles"). Since the adoption of the Principles, Prague 7 has concluded a total of 38 contracts with individual investors with a total value of CZK 179,143,820. Investors' contributions have been used for the development of public amenities, which results from the implementation of investors' construction projects that increase the capacity of the existing development. In the case of the Prague City District, the main public amenities are new preschool facilities, primary schools, expansion of green areas and cultivation of public space. Resulting of the experience up to now, we can, on the one hand, share some examples of good practices and on the other hand, point out challenging aspects when negotiating cooperation contracts with investors.
DŮVĚRA, DIALOG, DOHODA – ZÁKLADNÍ STAVEBNÍ KAMENY PRO SPOLUPRÁCI S INVESTORY (PŘÍKLAD MĚSTA KOLÍNA)Trust, Dialogue, Agreement - Basic Building Blocks of the Cooperation with Investors (Example of the City of Kolín), by David Mateásko
A well-planned, well-maintained and developing city represents a precondition for the life quality of its inhabitants. It is a prerequisite for stability that can lead to a quality future and life. Both the city and the municipality have to provide the necessary infrastructure to meet the basic needs of its inhabitants. However, building public infrastructure is costly for a city or municipality. The investor’s participation in the building of public infrastructure is therefore, one of the ways to reduce the financial demand of the project and, in turn, increase the quality of the project and its subsequent implementation. Both partners of this cooperation need to fulfil important conditions for a successful outcome. Investors need a transparent and trustworthy municipality that is able to communicate its priorities, make demands, conduct a quality dialogue at a professional level and reach an agreement in order to evaluate their project reasonably. The article focuses on the general principles of cooperation between the municipal administration and potential investors and gives a real-life example of the city of Kolín.
SEMINÁŘ NEW EUROPEAN BAUHAUS V ČESKU A NA SLOVENSKU
