The siting and authorisation of a building or other activity that may diminish or alter the character of the landscape

Where you can sort this out:

Plzeňská 134, Příbram I (Natura Building), 1st floor, Environment Department.

Other necessary documents, information, etc.:

Basic documentation (or project documentation) for the proposal, an extract from the Cadastral Map showing ownership details, photographic documentation of the current state, and sketches of the proposal overlaid on the photographs are welcome.

Basic information:

The landscape character – which comprises, in particular, the natural, cultural and historical characteristics of a specific place or area – is protected from activities that diminish its aesthetic and natural value. Interventions affecting the landscape character – particularly the siting and authorisation of buildings – may only be carried out whilst taking into account the preservation of significant landscape features, specially protected areas, cultural landmarks of the landscape, and the harmonious scale and relationships within the landscape.

Procedure:

The landscape character is not assessed in built-up areas or in areas designated for development for which the land-use plan or regulatory plan specifies the layout and spatial organisation, and the conditions for the protection of the landscape character agreed with the nature conservation authority.

Processing time:

In straightforward cases, immediately; in other cases, within 60 days; and in particularly complex cases, within 90 days of the application being submitted.

Who is entitled to submit an application, notification, etc.:

Proceedings are initiated on the basis of a written application from the person intending to carry out the construction or activity.

 Form – where to obtain it:

A copy of the application form can be obtained from the Environment Department and downloaded from the city’s website here: Application form for planning permission

 Legislation governing the procedure:

• Act of the Czech National Council No. 114/1992 Coll., on the Protection of Nature and the Landscape, as amended,
• Decree of the Ministry of the Environment of the Czech Republic No. 395/1992 Coll., implementing certain provisions of Act No. 114/1992 Coll., as amended,
• Act No. 500/2004 Coll., the Code of Administrative Procedure, as amended.

Procedure under the Code of Administrative Procedure:

Depending on the nature of the proposed project, the nature conservation authority issues:

1. Approval or disapproval of an intervention affecting the character of the landscape pursuant to Section 12(2) of Act No. 114/1992 Coll. as part of a unified environmental opinion (JES)
2. A decision in administrative proceedings

Administrative (or other) fee:

No administrative fee is charged for the issue of a binding opinion or decision.

Remedies:

Re 1) The proper remedy is an appeal against the relevant decision of the building authority. An unlawful binding opinion may be revoked or amended in review proceedings before the regional authority.
Re 2) The proper remedy is an appeal.

Notes:

What penalties may be imposed in the event of failure to comply with the prescribed obligations:
A natural person commits an offence if they impair the character of the landscape by failing to fulfil the obligation under Section 12(2) of the Act – a penalty of up to 20,000 CZK. A legal person or a natural person carrying on a business commits an offence if they impair the character of the landscape by failing to fulfil the obligation under Section 12(2) of the Act – a penalty of up to 2,000,000 CZK.