The company "Carine" submitted complete legally required documentation, including a maritime domain lease agreement, approvals from competent institutions and a revised main project, with its request for a building permit for the development of the beach in Baošići, and was issued a permit in mid-January in accordance with the Law on Construction of Structures.
This was stated by the Secretary for Urban Planning and Construction Inspection for "Vijesti". Vladislav Velas who claims that all legally prescribed procedures were followed in this proceeding.
Businessman Čed Popović's company "Carine" has begun work on filling and concreting the beach beneath their future hotel in Baošići, without obtaining conservation conditions and consent from the Administration for the Protection of Cultural Heritage, which is why that institution has ordered an immediate halt to the work. The Administration states that the project is being carried out in the UNESCO protected area of the Kotor area and in violation of prescribed procedures.
Popović told "Vijesti" that they had not received a decision on the ban, that they had all the necessary documentation, including a building permit issued by the Secretariat for Urban Planning and Construction Inspection of the Municipality of Herceg Novi and the consent of the Coastal Zone Authority. He emphasized that the beach was already located at that location and that it was a matter of arranging a bathing area, and that according to their information, the area was not under the protection of cultural heritage.
The administration issued a decision to suspend the works on February 11, and “Carine” has the right to appeal to the Ministry of Culture and Media within 15 days. The appeal will not affect the postponement of this decision.
A private owner in Herceg Novi is building a higher-category resort across from the local sports field in Baošići, and they have also leased a beach below the hotel with an area of about 1.500 square meters. After its development and filling, its area will be 12.500 square meters.
Velaš said that in December last year, this company submitted a request for a building permit for the development of a partially developed swimming pool in Baošići, on a location in the hinterland of which the construction of a hotel owned by the same company is being completed. Complete documentation was submitted with the request.
He explained that the contract for the lease of the maritime domain specified that the Tender Commission had selected "Carine" as the most successful bidder, and that this company acquired the right and obligation, as an investor, to implement the project of building and equipping the new beach in accordance with the planning and technical documentation, with the facility becoming state property upon completion.
"The request was accompanied by an opinion from the Coastal Authority, which essentially states that the submitted main project is in accordance with the Contract, Investment Program, Project Terms of Reference, Conceptual Design, and that based on this Main Project, activities can continue on the revision of the main project, procedures for obtaining the prescribed approvals, necessary studies and other necessary documents required for obtaining a building permit, all in accordance with the law," states the interlocutor of "Vijesti".
According to him, in the process of issuing a building permit, the consents of the competent public companies were obtained for the revised Main Design, as well as the decision of the Environmental Protection Agency, after which it was determined that the complete documentation prescribed by Article 34 of the Law on Construction of Structures had been submitted. In accordance with the provisions of that, as well as the Law on Administrative Procedure, a building permit was issued.
He stressed that he has no doubt that any objections regarding the beach's impact on the protected area would have been clearly stated in the report of the UNESCO mission that visited Montenegro last year and toured the Boka Kotorska area - from land, sea and air.
"The report is publicly available and it lists individual projects and issues of importance for the Natural and Cultural-Historical Area of Kotor. The document does not mention projects in Herceg Novi that would be assessed as a threat to cultural heritage or the UNESCO status of Montenegro," said Velaš, adding that it is important to note that the Secretariat issued the urban planning and technical conditions in accordance with the valid planning document, which was approved by the Administration for the Protection of Cultural Property.
The Administration told "Vijesti" that the project for this beach did not exist at the time of UNESCO's visit, and that their previous missions pointed to the importance of preserving the coast.
Velaš explained that the draft urban planning and technical conditions were submitted to the competent Administration in a timely manner, which had a deadline of 15 days to submit the conservation conditions, but did not respond within that period. Therefore, in accordance with Article 74 of the Law on Spatial Planning and Construction of Facilities, the provision was applied according to which they are considered to be in accordance with the planning document in the draft.
"Accordingly, the Secretariat issued urban planning and technical conditions to the applicant - Morski dobro. The revised main project includes the final urban planning and technical conditions, which clearly state that the Administration did not submit the conservation conditions within the legal deadline," Velaš pointed out.
When asked by "Vijesti" who, when and why, included changes to the Spatial and Urban Plan (PUP) that, according to the editorial team's knowledge, subsequently included two additional floors at the hotel, Velaš replied that the facility does not belong to the Municipality, but to the state, because the urban and technical conditions were issued based on a government act, while the approval for the conceptual design is given by the Chief State Architect, so they did not decide in that procedure.
Velaš also points out that the development and adoption of the Urban Development Plan is not within the jurisdiction of the Municipality, but of the Government and the relevant ministry, which is why they were not included in any possible changes to that document, nor can they provide more precise information about their inclusion.
“There are no cultural assets at the location in the baseline study”
Velaš pointed out that the Municipality of Herceg Novi has a Basic Study for the Protection of Cultural Heritage, which was developed for the purposes of adopting the Spatial and Urban Plan and to which the Directorate for the Protection of Cultural Heritage has given its consent.
"This study is also used as a basis for issuing urban planning and technical conditions. Upon reviewing the current Baseline Study, at the location where the project in question is being implemented - the area of the former military barracks - no protected objects or objects registered as potential cultural assets have been recorded. If the study includes and processes the entire fund of cultural assets at that location, it follows that there were no objects under protection at the area of the former barracks," said the interlocutor of "Vijesti".
The Directorate for the Protection of Cultural Heritage told "Vijesti" yesterday that they are conducting a baseline study and then assessing the compliance of the planning documentation with it, and that regardless of that process, they can also request the preparation of an HIA study - which they did for the hotel in Baošići.
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