Putting plans out of force can be the last measure in all cases, and it was already necessary to proceed with the changes of those that contain inappropriate planning solutions if they are assessed as such. This, among other things, was told to "News" from the Capital City, commenting on the request of tenants and owners of buildings in the Beogradska Street section to, among other things, repeal the Detailed Urban Plan (DUP) "Gorica C" from 2019.
Tenants organized a protest two days ago because the construction of a residential building with an area of over 4.300 square meters was started between their private houses. Beogradska Street is located under the hill of Gorica, which enjoys the status of a protected area.
"We remind you that the Decision on the declaration of the forest park 'Gorica' as a natural monument specified that through the amendment of the planning documentation, it is necessary to review the justification of further construction in the protective zone of the Natural Monument, which also includes the DUP 'Gorica C'," said the capital city.
They also said that, as a local self-government, they do not have the legal ability to change any planning document, that it is within the competence of the Ministry of Ecology, Spatial Planning and Urbanism (MEPPU).
"We hereby appeal to the competent state authorities to return the preparation of planning documentation to the jurisdiction of local governments, so that, without delay, we would be able to act in similar situations", they said.
Tenants and owners of buildings in the part of Beogradska where a residential building is being built, at a protest two days ago, said that there was an old house on the site of the future building, that the plan allowed the construction of another, and that now, instead, a building with over 40 apartments.
The investor of the residential building is "CK Group Investment" from Podgorica. According to the data of the Central Register of Business Entities (CRPS), the company was founded in 2021, its founders are, with an equal share, Camal Senoglu i Ziver Kerim Basar, who is also the executive director. "CK Group" received the consent of the chief state architect in mid-June 2022, while the construction was reported to the MEPPU urban planning inspection on November 10. As stated on the construction board, the building is being built on urban plots 2b.19 (KP 2532/2 and 2531/1) 2b.20 (KP 2532/1), Block 2, sub-block b, in the scope of DUP "Gorica C ”, KO Podgorica II. According to cadastre records, the plots are the property of the investor. Work began in December 2022, while completion is planned for September 2024.
Dissatisfied with the fact that a building is springing up in their neighborhood, the tenants around the buildings at number 51 are asking MEPPU to put the DUP "Gorica C" out of force and to stop construction on UP19 and UP20. They submitted an initiative to the Chamber of Engineers to assess the correctness and legality of the drafting of that DUP, with a request to verify and correct the irregularities indicated in the initiative, and initiate disciplinary and other proceedings against the participants in the drafting of that plan, which they consider illegal.
The Capital City reminded that the DUP "Gorica C" was adopted in accordance with the special procedure for the preparation of planning documents, which ceased to be valid with the entry into force of the decision of the Constitutional Court from 2014.
"The decision on the preparation of the aforementioned planning document was made in April 2018, while the public hearing was held in September of the same year. At the proposal of the DUP 'Gorica C', the consent of the Ministry of Sustainable Development and Tourism was obtained, which stated that the planning document was prepared in accordance with the conditions of Article 162c paragraph 2 of the Law on Spatial Planning and Construction of Buildings - and gave consent, which is a prerequisite for adoption by the Assembly of the capital city, which was held in October 2019. We also emphasize that when submitting the planning document to the competent administrative body, the developer declared that the plan was made, in full, in accordance with Article 162c of the Law on Spatial Planning and Construction facilities", they said from the capital.
They added that the planning document foresees the connection of Beogradska Street with the street that connects that settlement with the Zagorič settlement.
"Such planning decisions date back to 2005. When it comes to putting the DUP out of force, we are of the opinion that it can be the last measure in all cases, and that, earlier, it was necessary to start making amendments and additions to plans that contain inappropriate planning solutions, if they are judged as such", they said. are "News" from the PG bureau.
In the initiatives that the tenants sent to the department of the minister in the technical mandate Ana Novaković Đurović and the Chamber of Engineers, among other things, stated that the rules and conditions specified in the Law on Spatial Planning and Building Construction from 2017, in the part related to "special procedure", were not followed during the preparation of the DUP "Gorica C". Thus, among other things, they state that the adopted plan proposal "Gorica C" did not comply with planning decisions from 2005, they claim that drastic changes were made to the urban planning parameters, occupancy index, built-up index, number of floors and purpose of buildings.
Last month, the government passed the Decision on making amendments to the DUP "Nova varoš 2", because that DUP, as MEPPU told "Vijesti" recently, covers a significant part of the slopes of Gorica hill, which are "pressured by the intensive construction of residential and -business facilities".
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