What is hidden behind normative chaos?

In the New Rulebook (the one from 2020) - there is no mention of residential buildings and business apartments on areas designated for central activities

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The area of ​​the former “Morača” Barracks, Photo: Podgorica.me
The area of ​​the former “Morača” Barracks, Photo: Podgorica.me
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

I thought I would skip the sad story about the repercussions (I almost wrote "refractions") of the fact that two (2) regulations on the detailed content and form of a planning document are currently in force - so we have the Regulation on the detailed content and form of a planning document, criteria for the use of surfaces, elements of urban regulation and unique graphic symbols ("Official Gazette of Montenegro", No. 24/10 and 33/14) - the Old Regulation, from Milošte - which is one of the regulations adopted on the basis of the derogated Law on Spatial Planning and Construction of Buildings from the distant 2008 - and there is, fortunately for us, the Regulation on the detailed content and form of a planning document ("Official Gazette of Montenegro", No. 091/20 of 03.09.2020) - or the New Regulation, from Milošte - which is one of the regulations adopted on the basis of the derogated Law on Spatial Planning and Construction of Buildings from the distant 2017 - when will they come to me some young architects - very young, very sweet - and some young architects - just as young and just as sweet - if not even cuter and younger than the young and sweet architects - It can't be done, friend, he says, that's how it is! It would be, he says, extremely unprofessional on your part, if you would deny the public - first of all the professional public - which, unfortunately, does not exist, but we will continue, as before, to pretend that it exists - an insight into that sad story!

OK, I said - if you really insist - let's start by reminding ourselves that the Old Regulation (the one from 2010) allows for the planning of - fanfare please: residential buildings and business apartments on areas designated for central activities - "exceptionally", it says, "of the predominant purpose and compatible with that purpose" - while in the New Regulation (the one from 2020) - there is no mention of residential buildings and business apartments on areas designated for central activities.

Not a word! Please...

If that is so, as our Croatian brothers would say - and there is no doubt about it - and if we know that in the Program Task - which is an integral part of the Decision on Amendments to the Decision on the Development of Amendments and Supplements to the Spatial and Urban Plan of the Capital City of Podgorica (Official Gazette of Montenegro 110/2024, dated 12 November 2024) - which Miloj's Government adopted at the 54th session, held on 25 October 2024 - it is beautifully written - under V. Conceptual framework for planning, use, regulation and protection of the planning area with the structure of basic surface purposes and land use - I will quote: "Through the development of Amendments and Supplements to the SPA, it is necessary to provide quality planning solutions (it's not funny - op.a.), and in content planning it is necessary to respect the guidelines given by higher-level plans, sectoral development strategies and those (Now pay attention, now it's important - note.) defined (fanfare please - op.a.) Regulation on the detailed content and form of the planning document, criteria for the use of surfaces, elements of urban regulation and unique graphic symbols ("Official Gazette of Montenegro", No. 24/10 and 33/14)" - then it is strange, to say the least, that in the document entitled Separate urban technical conditions and guidelines for locations, roads and facilities (sic! - objects) traffic infrastructure within the ID PUP of the Capital City of Podgorica Tuzi and Zeta (sic! - and the municipality of Tuzi and Zeta - op.a.) writes beautifully...

OK, in order to understand what is written in the aforementioned Separate, we need to know that when we talk about the area of ​​the former “Morača” Barracks in Podgorica - we are talking, in essence, about two plots - the southern plot (2211/1, KO PG II, P = 50.685,94 m2, owned by Montenegro, subject of disposal by the Government of Montenegro) and the northern plot (2211/9, KO PG II, P = 20.160,64 m2, owned by Anekretnine doo) - on the southern plot (area for culture - K, according to the Separate) Maša, former minister (for the time being Dritan captain), and Šćepo, Maša's right hand, will build, God willing, fanfare please: the magnificent Museum of Contemporary Art - strictly in accordance with the winning solution from the International Competition for the conceptual architectural design of the building of the museum of contemporary art, natural history museum and park of culture and art with accompanying facilities in the function of culture from April In 2024 - and as for the northern plot (central activity - CD, according to Separat) - there is no remote doubt that something equally magnificent will be built on that plot - and what exactly will be built, we will know, God willing, after the competition is held...

“The part that is,” it says in the Separate, “for the purpose of the CD - the central activity - is implemented based on the guidelines from this act with the obligation to announce a public competition (!) for the development of a conceptual urban-architectural solution in accordance with the Law (It doesn't say under which law, precisely - note.), which should adequately treat the given location. The selected solution becomes an integral part of the planning documentation (it does not say which planning documentation, specifically - oct.), on the basis of which it will be further implemented".

Now, in the aforementioned Separat (Location 7, 4/1) Mrs. Aleksandra Tošić Jokić, B.A. in Architecture - Ms. Head of the Development of Amendments and Supplements to the Spatial and Urban Plan of the Capital City of Podgorica - first gives the definition of areas for central activities - CD - from the old Regulations - the oldest - the one from 2010 - then lists what can be planned on "areas for central activities" - there are, among other things, "Catering facilities I, facilities for tourist accommodation of the type", she says, "5* hotel (without the possibility of condos or similar business models)" - and a particularly touching moment is "recreational facilities with a unique landscape expression towards the Morača River (whatever that means - op.a.)" - and finally nailed it in her signature style - and boldly: "It is not permitted to plan residential buildings within this purpose." - which would be a reference to the 2020 Rulebook - which contradicts the Program Task - which is an integral part of the aforementioned Decision on Amendments to the Decision on the Development of Amendments and Supplements to the Spatial and Urban Plan of the Capital City of Podgorica (Official Gazette of Montenegro 110/2024, dated 12 November 2024) - and which states that it is necessary to respect the guidelines defined by the Rulebook on the detailed content and form of the planning document, criteria for the use of areas, elements of urban regulation and unique graphic symbols ("Official Gazette of Montenegro", No. 24/10 and 33/14) - and the 2010 Rulebook nicely states that residential buildings and business apartments can be planned on areas for central activities, exceptionally from the predominant purpose and compatible with that purpose - therefore, there is no mention in the Program Task of the guidelines defined by the Rulebook on the detailed content and form of the planning document ("Official Gazette of Montenegro", No. 091/20 of 03.09.2020) - which does not mention residential buildings and business apartments in areas for central activities...

Aleksandra Tošić Jokić
Aleksandra Tošić Jokićphoto: Mirko Kotlaš

So, if we ignore the chronic problems - sloppiness is just a drop in the ocean of chronic problems - at this moment, the fear, present in part of the so-called progressive public, that residential buildings and business apartments will still be built on the aforementioned northern plot (2211/9, KO PG II, P = 20.160,64 m2, owned by Anekretnine doo) is not justified...

Again, we must take into account that this is a rugged, mountainous, and almost god-forgotten country - Miloj's Montenegro - where miracles are not only possible - but the rule...

If you don't believe me, ask others. Ceda Popovic...

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