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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...
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Building law environmentalisation - status quo and perspectives
Židek, Dominik ; Sobotka, Michal (referee)
The dissertation deals with a phenomenon called building law environmentalisation. The aim of this thesis is to analyse the basic factors leading to the entry of environmental influences into the processes of public building law on the basis of legal regulations, doctrinal opinions and very extensive case law of the administrative courts. The main content of the thesis is the analysis of these factors and the subsequent generalisation of the conclusions of the analysed phenomenon. The thesis answers the question: what is the extent to which is the current public building law influenced by "environmental acts"? Thus what does specifically influence the processes of public building law by environmental law and what is the extent of this influence? The text of the dissertation is divided into seven chapters. The first three of them can be perceived as a gradually concretized general framework of the problem, from the initial facts about the EU legal requirements, through the basic characteristics of the building law to the detailed analysis of the individual administrative tools ("final" administrative acts) of building law. The next three chapters are devoted to the detailed examination of mechanisms for assessing and taking into consideration the interests of environmental protection in "decision-...
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Territorial decision-making processes
Dohnálek, Jan ; Svoboda, Petr (advisor) ; Vedral, Josef (referee)
Territorial Decision-Making Processes Abstract The thesis deals with the territorial decision-making from the perspective of the Act No. 183/2006 Coll., on Town and Country Planning and Building Code (Building Act), and provides the reader with the comprehensive, logical and structured overview of the different territorial decision-making processes. Chapter 1.1 defines terms Area, Developed Area, Area with Development Potential, Ground without Development Potential and Non-developed Area. In chapter 1.2 the territorial decision-making is placed into the structure of construction law, administrative law and public law. Attention is being given to spatial planning, its objectives, tasks and legal sources. In the rest of the chapter the planing materials, spatial development policy, planning documentation and planning measure on building ban and on redevelopment are briefly introduced. Chapters 2.1 to 2.7 are subsequently devoted to the territorial decision- making itself as the executive instrument of the spatial planning. After the initial acquaintance with the Territorial Decision-making term in chapter 2.1 the thesis identifies five relatively self- standing aspects in chapter 2.2 through which the territorial decision-making is further assessed. In this context chapter 2.3 deals with the territorial...
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Building law environmentalisation - status quo and perspectives
Židek, Dominik ; Sobotka, Michal (referee)
The dissertation deals with a phenomenon called building law environmentalisation. The aim of this thesis is to analyse the basic factors leading to the entry of environmental influences into the processes of public building law on the basis of legal regulations, doctrinal opinions and very extensive case law of the administrative courts. The main content of the thesis is the analysis of these factors and the subsequent generalisation of the conclusions of the analysed phenomenon. The thesis answers the question: what is the extent to which is the current public building law influenced by "environmental acts"? Thus what does specifically influence the processes of public building law by environmental law and what is the extent of this influence? The text of the dissertation is divided into seven chapters. The first three of them can be perceived as a gradually concretized general framework of the problem, from the initial facts about the EU legal requirements, through the basic characteristics of the building law to the detailed analysis of the individual administrative tools ("final" administrative acts) of building law. The next three chapters are devoted to the detailed examination of mechanisms for assessing and taking into consideration the interests of environmental protection in "decision-...
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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...
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