Changing the zoning plan: how to propose it and how to defend it

Spatial plan: what it is and how it is created

The zoning plan sets out the concept of the development of the municipality’s territory, its layout and the functional use of areas. The spatial plan therefore determines whether and how it will be possible to build on the area and specifies the requirements for building. In addition, it also includes plans for the development of infrastructure for residential, industrial, commercial or recreational areas.

Changing a zoning plan can make a significant difference in people’s lives. For example, by putting a school on a busy road. This is the story of the impact of the zoning plan in the Czech film Good Light.

Procedure for amending the zoning plan

Proposal for the establishment of a zoning plan

The Master Plan is amended every few years. The municipal council decides on the need to create a new master plan or to amend the existing plan on the basis of a proposal. A proposal can be submitted by the council itself and also by:

• a public authority,
• a citizen of the municipality,
• a natural or legal person who has ownership or similar rights to a property located in the municipality (e.g. a company that owns a factory in the municipality),
• an authorised investor.

The final decision is usually based on an analysis of the current state of the territory, demographic and economic trends, development needs and legislative changes.

Draft specification of the master plan

Following the approval of the council, the preparer (usually the municipality or its authority) prepares a draft specification for the creation of a new master plan or an amendment to an existing plan. The terms of reference specify the objectives, the scope of work and the methodology to be used in the preparation of the plan.

Drafting and discussion of the master plan

The planning authority, composed of urban planners, architects and other experts, prepares a draft new master plan or amendments on the basis of the terms of reference. This draft includes a text section with legal provisions (building regulations, zoning, environmental protection) and a graphic section with maps and plans illustrating the proposed changes to the area.

Issue of the master plan

After taking account of the comments and making any modifications, the council approves the final version of the master plan. The zoning plan is notified by public notice, which is posted publicly on the municipality’s official notice board and website and takes effect after 15 days.

How you can get involved in the change

You can get involved in the development of your community and your land in two basic ways:

Submit a petition for a zoning amendment

As mentioned above, as a citizen of a municipality or owner of property located within a municipality, you have the opportunity to propose a zoning amendment. You must submit the proposal to the municipal office and it should be clear who is making the proposal, what land is affected and what exactly you wish to change and why. Specifically, it should not be missing information about:

• Identification of the submitter: your name and surname of the submitter, residential address, telephone number and email address for any communication.
• Description of the change: A brief description of the aims and purpose of the proposed change, for example changing the character of the area from permanent green space to residential.
• Identification of the area: Address, parcel number and cadastral area to which the change relates.
• Proof of ownership: A copy of the current extract from the Land Registry proving ownership of the land, or a contract of sale. In the case of joint ownership, the owners’ shares must be indicated.
• Brief justification of the proposed amendment: A description of the reasons for the change to the zoning plan, including, where appropriate, the supporting documents justifying the change.

Your proposal is decided by the municipal council, which either accepts or rejects your proposal and informs you of the outcome.

Get involved in the negotiations on the change of the zoning plan

If the municipality has approved a proposal to amend the zoning plan (whether you initiated it or not), you have the opportunity to get involved in the approval process. The draft specification of the master plan will be published by public notice and posted on the official notice board (notice board in the office or information on the municipality’s website).

At this point you can start to comment on the draft specification by submitting written comments. This can be sent to the preparer of the draft (usually the municipality itself) within 15 days of receipt of the draft master plan (i.e. within 30 days of the publication of the public notice).

Your condition will be taken into account by the planner and, if necessary, incorporated into the revised draft of the zoning plan. This revised draft zoning plan is then approved by the municipal council at its meeting, which you can attend and express your opinion. The date and place of the meeting can be found on the official board of the preparer. A minimum of 30 days must always elapse after publication of the draft master plan.

On the basis of the approved draft assignment, the preparer then prepares the draft zoning plan itself. It is then published again by means of a public notice on the official notice board. You can also submit written comments at this stage within 30 days of receipt of the draft (45 days after the public notice is issued).

At the earliest 30 days after the publication of the draft zoning plan, the author organizes a public meeting where you can express your comments in person. The place and time of the meeting can be found on the official notice board. Within seven days of this public hearing, you will again have the opportunity to send written comments or written objections.

Written objections carry more weight than comments and the author is obliged to decide on them and to give reasons for his decision. The written objection must state:

• Identification of the applicant: Please state your name, surname, permanent address, date of birth and contact details (e.g. e-mail, telephone).
• Addressee and subject of the submission: Identify the addressee of the objection (e.g. the local authority) and state that it is an objection to a change to the development plan.
• Identify the property affected by the change: Give details of the property you own that is affected by the change to the development plan. This may include the parcel number, address and other details that can be found in the Land Registry. You should also mention the purpose of the property (e.g. house, garden, field) and how the change specifically affects your rights or interests.
• Description of the objection and grounds for objection: State clearly and understandably what your objection is. Give specific reasons why you object to the change (e.g. threat to the quality of housing, reduction in property value, negative impact on the environment). Describe the specific impacts the change would have on you and your property.
• Supporting arguments with supporting documents: attach to the objection all relevant documents that support your claims. This may include maps, photographs, expert reports, expert opinions, or other evidence that illustrates the impacts of the proposed change on your property and your rights.

The draftsman again modifies the proposal and submits it to the council, which either accepts it, rejects it or returns it with comments for further modification. The council will then publish the zoning on the official notice board and it will take effect after 15 days.

How to defend an adopted zoning plan

It may happen that you do not register the change to the zoning plan or your comments and objections are not approved. However, there is a solution in this case too. The first option is to file a petition for review of the zoning plan with the regional authority under which your municipality falls.

The second option is to go to the county court, where you will file a motion to have the zoning plan overturned. However, this is only possible if your rights have been curtailed (e.g. if your land has lost a significant part of its value as a result of the zoning change). For both options, you must meet the deadline of one year from the time the zoning plan came into force.

Summary

A zoning amendment is a complex process that determines how an area will be used and developed. The process of amending it starts with a proposal, which can be submitted by the municipality, public authorities or natural or legal persons. After approval by the municipality, a specification and then the draft plan itself are prepared and discussed in public meetings. Residents and property owners may submit comments and objections. The zoning plan becomes effective upon publication and disagreement with the already adopted zoning plan can be resolved in court.