|
|
The protection of the environment in land-use proceedings
Růžičková, Kateřina ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
The protection of the environment in land-use proceedings Abstract This master thesis deals with the issue of environmental protection in land-use proceedings. The topic of environmental protection is currently much discussed in the European Union and harmonisation tendencies also strongly influence the regulation of construction law. Environmental protection in land-use proceedings corresponds to the main principles governing environmental issues - the principles of prevention and precaution. Detailed assessment of projects before their execution eliminates possible negative impacts of these projects on the environment. The main goal of this thesis is to analyse the fragmented legal regulation of environmental protection in the context of land-use decision-making in the Czech Republic and to make it clearer. The thesis is not only limited to the current legislation, but is also focused on the changes brought about by the adoption of the new Construction Act, which is due to come into definitive force on 1 January 2024. Although after this date the proceedings before the construction authorities will no longer be divided into land-use proceedings and construction proceedings, as these proceedings will be combined into a single proceeding, the need for environmental protection, as well as the methods of its...
|
|
|
Territorial decision-making processes
Jiránek, Vojtěch ; Svoboda, Petr (advisor) ; Vedral, Josef (referee)
This dissertation is concerned with Building Code, No. 183/2006 Sb., and especially in its amendment No. 350/2012 Sb. It specializes in territorial procedure itself which is covered in sections 84 till 96a of Building Code. This dissertation tries to find out what pros and cons of territorial procedure are after the aforementioned amendment. Chapter one lays down the basic terms and documents of territorial procedures on state ("Politika územního rozvoje"), regional ("Zásady územního rozvoje") and urban ("Územní plán") levels. It also covers special institute of "Regulační plan" which can be used on regional and/or urban level. Other parts of chapter one are "Územní rozhodnutí" which specifies the type of given intention in given place and "Veřejnoprávní smlouva" which can be translated as "public (law) contract". This contract enables applicants to make their intention come to effect on their own strength with Building Authority only checking the final state of the contract. At the end this contract has the same power and authority as standard legal act by the Building Authority. Chapter two is the crucial part of this dissertation. It takes separately individual instruments of territorial procedures that are concerned with positioning particular intention(s) and the procedure that is given to this...
|
|
|
Legal standing of neighbours in the procedures to grant planning permission
Jílková, Zuzana ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
Legal standing of neighbours in the procedures to grant planning permission The Diploma Thesis Zuzana Jílková Abstract The Diploma Thesis entitled "Legal standing of neighbours in the procedures to grant planning permission" presents an analysis of the concept of the "neighbour" in the individual procedures to grant a planning permission under the Building Act, namely the planning permission proceedings, the summary planning permission proceedings, the planning consent issuance, the conclusion of a public contract and the regulatory plan issuance. Procedural rights of the neighbour are analysed in detail. The neighbour, in its capacity as an interested person, may actively use these rights and thereby influence the course and outcome of the proceedings. The thesis focuses primarily on the planning permission proceedings and objections which neighbours may raise against the construction project under the conditions set out in the Building Act. The aim of the thesis is to create an image of the neighbour by means of an analysis of the various procedures and to outline the problematic aspects of the current legislation regarding in particular the defence before the administrative courts in the simplified procedures. The utilized sources were legislation, literature, case law and official opinions of the...
|
|
|
Planning permission procedure: process, decision and means of defence
Adamusová, Zuzana ; Kopecký, Martin (advisor) ; Frumarová, Kateřina (referee) ; Staša, Josef (referee)
Planning permission procedure: process, decision and means of defence Abstract The topic of the thesis is the planning permission procedure, which is regulated in Act No. 183/2006 Coll., on town and country planning and building code (Building Act) and its goal is to issue one of the types of planning permission. Planning permission procedure follows town and country planning and at the same time other administrative procedures follow planning permission procedure. In many cases successful planning permission procedure is an indispensable and key precondition of the realization of applicant's intention. The thesis deals with the procedure itself, specifically elements of application for planning permission, commence procedure, types of delivery of written instruments, defining of participants of procedure, applying the principle of concentration, conditions and content of binding assessments for issuance of the decision, objections and remarks. Also the thesis focuses on planning permission itself (its elements and content), types of planning permissions, time-limit for issuing of the decision and methods how application should be considered. The thesis deals with issues which are related with supervising and remedial measures. In particular review of binding assessments for issuance of the decision,...
|
|
|
Territorial proceedings (de lege lata, de lege ferenda)
Rendl, Tomáš ; Kopecký, Martin (advisor) ; Staša, Josef (referee)
Territorial proceedings (de lege lata, de lege ferenda) Abstract The topic of this thesis is an analysis of problematic areas of procedural regulation in territorial proceedings according to the Building Act No. 183/2006 Coll., and the submission of proposals for their streamlining. The introduction refers to the regulation of spatial planning in the area where Czech Republic is currently located, including the introduction of spatial planning in foregoing Legislation of spatial planning. Subsequently, spatial planning tools and spatial planning bodies are introduced. The third chapter discusses in detail the process of territorial management. The issue of participation of participants in territorial proceedings is discussed in detail. Furthermore, the issue regarding the methods of service of documents via data-boxes and the so-called hybrid mail post, and the possibilities of reviewing the issued binding opinions is analyzed. In the end of the third chapter, the simplified forms of territorial proceedings, which are contained in the Building Act, are thoroughly introduced. In the final chapter, due to the author's opinion, the problematic areas of territorial proceedings were analyzed in detail, including proposals for their correction. Within the framework of this chapter, the author proposes the...
|
|
|
Procedure of application for a planning permission
Stonišová, Tereza ; Svoboda, Petr (advisor) ; Vedral, Josef (referee)
Diploma thesis "Planning Permission Procedure" deals with one of the key sectors of special public law, the valid legal regulation of planning permission procedure, a part of the legal regulation of building law. Planning permission procedure is a special type of administrative procedure and can be possibly seen as a main connection between zoning and building permission. A planning permission can result in most influential and interventional changes in the territory. During this proceedings, personal and public interests usually clash. The thesis analyses decisions of the Supreme Administrative Court, a court with key impact on some parts of the planning permission procedure. These decisions include both older key decisions as well as new ones, like the one dealing with Planning Consent. The thesis focuses on different types of planning permission procedure in order to facilitate orientation in this complex topic; it analyses various forms of permissions such as Planning Consent or Public Contract. The work has an ambition to put the terms of planning permission proceeding into historical context. For that purpose, I included the chapter on the history of building law in the historical territory of Czechia. The aim of this diploma thesis is to present current planning permission proceedings and...
|
|
|
Possibilities of acceleration of permitting processes in construction
Hamouz, Jiří ; Rajchl, Jiří (advisor) ; Svoboda, Petr (referee)
Possibilities of acceleration of permitting processes in construction Abstract - ?I C7IJ;H J ;I?I E9KI;I ED FHEFEI7BI EH 7D 799;B;H7J?ED E F;HC?JJ?D FHE9;II;I ?D 9EDIJHK9J?ED M ?B; J ; FHE9;II;I MEKB: C7?DJ7?D 7D 7:;GK7J; B;L;B E FHEJ;9J?ED E FK8B?9 ?DJ;H;IJI - ; JEF?9 E J ; J ;I?I 7I ? H;B;L7D9; 9ED9;HD?D J ; FH;F7H7J?ED E J ; FK8B?9 9EDIJHK9J?ED B7M H;9E:? ?97J?ED 7D: M?J H; 7H: JE J ; L?I?ED E 7:EFJ?D J ; D;M 8K?B:?D 79J 8O - ; J ;I?I 7?CI JE ?:;DJ? O J ; C7 EH 97KI;I E J ; FHEBED 7J?ED E J ; F;HC?JJ?D FHE9;II;I - ; MEHA ?I E9KI;: ED JME FHEFEI7BI M ?9 97D 8; 9EDI?:;H;: JE 7L; J ; FEJ;DJ?7B JE I? D? ?97DJBO 799;B;H7J; J ; FHE9;II;I - ; ?HIJ ED; ?I 7 FHEFEI7B EH 7 D;M EHC E FHE9;:KH; EH FB7DD?D 7D: 8K?B:?D 7KJ EH?I7J?ED - ; FHEFEI7B M7I FH;I;DJ;: ?D J ; ?DJ;D:;: IK8 ;9J C7JJ;H E J ; D;M 8K?B:?D 8?BB - ; I;9ED: FHEFEI7B 7I 8;;D :;87J;: EH I;L;H7B O;7HI 7I JE M ;J ;H ?J 9EKB: 8H?D 78EKJ 7D 799;B;H7J?ED E J ; F;HC?JJ?D FHE9;II;I M ?B; C7?DJ7?D?D 7 IK ?9?;DJ B;L;B E FHEJ;9J?ED E FK8B?9 ?DJ;H;IJI "J ?I 7D ?DJHE:K9J?ED E J ; B; 7B ?9J?ED E 7 FEI?J?L; 8?D:?D EF?D?ED ?DJE J ; ;D;H7B B; 7B H; KB7J?ED ED J ; FB7DD?D 7D: 8K?B:?D F;HC?J FHE9;:KH; - ; J ;I?I ?I 9ECFEI;: E EKH 9 7FJ;HI - ; ?HIJ 9 7FJ;H :;7BI M?J J ; 9KHH;DJ B; 7B H; KB7J?ED E FB7DD?D F;HC?J 7D: 8K?B:?D F;HC?J FHE9;:KH; 7D: J ;D 8H?; BO :;I9H?8;I J ; B;...
|
|
|
Territorial decision-making processes
Šobora, Jan ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
Thesis title: Territorial Decision-Making-Processes In this thesis, the author deals primarily with the planning permission proceedings, including the analysis of partial changes in the legislation introduced by the conceptual amendment of Act No. 183/2006 Coll., On Spatial Planning and the Building Code (Building Act), which came into effect on January 1, 2018. Author of this thesis draws in his writing primarily from the available commentary literature, from various judicial decisions of the Czech courts, especially of the Supreme Administrative Court of the Czech Republic and, last but not least, from a number of expert articles. The thesis is internally divided into the introduction, three separate chapters, subchapters and the conclusion. In the introductory chapter, the author defines selected basic terms relevant to planning permission proceedings in order to give the reader the opportunity to better understand the subject matter. The author further compares the differences between conceptual and implementation tools of spatial planning, describes the ways in which buildings are placed in the territory, as well as the different types of planning permits. In the second, core chapter of the thesis, the author offers a detailed analysis of the process leading to the issuance of a planning...
|
|
|
Procedure of application for a planning permission
Třešňák, Michal ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
Thesis title: Procedure of application for a planning permission This diploma thesis deals with the planning permission proceedings, which is a proceeding to render the planning permission that is one of all instruments of land-use planning. The aim of this thesis is to cover the planning permission proceedings and to outline problematic aspects that are relevant in legal regulations. Beside relevant legal regulations the author results from literature and jurisdiction above all of the Highest Administrative Court of the Czech Republic. In introduction defines basic terms and subsume the topic into legal context and covers the goals and aims of land-use planning, as well as individual conceptual and realization instruments. In second chapter describes individual types of planning permissions and cases, when they are needed and on the contrary, cases, when it is possible to place projects into land without these planning permissions. Third and the most comprehensive part of the thesis dedicates to the most important institutes of the planning proceedings and analysis actual legal regulation, focusing provisions that can be problematic to apply correctly. Especially deals with the positions of juristic persons as defined in Building act, ways of delivering and proceeding of discussion of civil...
|
|
|
Management of the Construction Project
Kadeřávková, Jitka ; Bartoš, Miroslav (referee) ; Waldhans, Miloš (advisor)
The bachelor thesis is devoted to managing the construction project and the thesis is divided into two parts – theoretical and practical. The theoretical part briefly explains project management, project, phases of the project and necessary documentation and legislation. The practical part is focused on territorial and structural management in the construction contract. The aim of this work is to analyze the problems of structural management in a particular construction project. The outcome of my thesis is processing of the methodology for territorial management.
|
guest ::
