The building inspection is controlling the start of construction of a residential building right next to the plot where the Center for Children and Youth with Behavioral Problems "Ljubović" in Podgorica is located, "Vijesti" was told yesterday by the Ministry of Spatial Planning, Urbanism and State Property.
The initiative for supervision was submitted to the inspection of that department last week by the Capital City. According to unofficial information from "Vijesti", the inspection supervision was also initiated from that institution.
From the department he leads Slaven Radunović, who gave approval to the urban planning and technical conditions, and then the conceptual design for the collective housing facility, told "Vijesti" yesterday that this was done in accordance with regulations.
"The powers of the Chief State Architect are prescribed in Article 22 of the Law on Construction of Buildings and represent his framework of action. They relate to checking the compliance of the conceptual design of the architectural design of a building with urban and technical conditions, in terms of design and materialization and basic urban parameters (construction index, occupancy index, number of floors or height of the building, relationship to the construction line) and other urban parameters (parking and garages for vehicles, degree of greenery and purpose of the building). If the applicant for approval meets all the conditions stated above, the Chief State Architect is obliged to issue approval for the conceptual design and does not have the legal ability or authority to act beyond the prescribed, because this is considered a violation of the law and acting outside the scope of his authority," claim Radunović's department.
At the location where the "Ljubović" Center is located, by decision of the Government Dritan Abazović, a shelter for child victims of human trafficking was also located, which was announced to the public by Abazović himself at the time. Although the UNICEF office in Montenegro disputed the location - because victims and perpetrators can be found in the same place - the shelter was opened.
"The Capital City, immediately upon receiving the letter from the management of the Public Institution 'Ljubović Center', ordered the Inspection Department to go to the site. Upon going to the site, the inspector noted that the subject of supervision has an Application for Construction of the Facility No. 09-7/25-3160/1. Given the established factual situation, the municipal inspector is obliged to forward the initiative to the Ministry of Spatial Planning - Construction Inspection, as the body responsible for further action within its legal powers," they stated in a response to "Vijesti" from the Capital City.
As they added, accordingly, further proceedings and possible measures regarding the legality of construction, including the possibility of suspension, if irregularities are found, will be within the jurisdiction of the Construction Inspection of the Ministry of Spatial Planning.
"The capital will continue to monitor the case and will be available for all additional communication and coordination with state authorities, in order to ensure complete legality and protection of the interests of the users of the Public Institution 'Ljubović' Center," they stated in their response.
"Vijesti" was able to verify on site that a building is being built right next to the fence of the plot where the "Ljubović" building and yard are located, in the Zabjelo neighborhood of Podgorica.
According to data available online, the Ministry of Spatial Planning, Urbanism and State Property granted the investor "Safe Harbor" from Nikšić approval for urban and technical conditions in September last year, and approval for the conceptual design on March 20 this year. The building in question is a collective housing facility, which is being built on cadastral plots 3491, 3488/2, 3488/3 and 3490, cadastral municipality of Podgorica, UP 35, within the scope of the Detailed Urban Plan "Zabjelo Ljubović".
As stated in the decision, the total gross construction area is slightly over 3.400 square meters, with storeys P0+P+4+Pk.
The decision, among other things, states that the building, which is planned to have 23 residential units, is "properly located away from the borders of neighboring plots."
Because it is being built right next to the fence of the institution's yard, which is also a shelter for child victims of human trafficking, the management of "Ljubovići", as indicated by the response of the Capital City, has contacted the authorities. The institution for housing children and young people with behavioral problems has not officially responded to "Vijesti's" questions about this.
The department responsible for social welfare, which runs the Damir Gutic.
"Vijesti" asked the management of "Ljubović" and the competent Ministry whether the works and the future facility threaten the peace and safety of users, as well as whether the construction will violate the privacy of users and question the quality of the service that the institution provides to children and young people, as well as shelter users.
"Vijesti" asked Slaven Radunović's department whether, when granting consent, they took into account the fact that the "Ljubović" institution, which is also a shelter for child victims of human trafficking, is located in the immediate vicinity.
The editorial team submitted questions about the case to the Council for Children's Rights, the Council's president, and the Minister of Sports and Youth. Dragoslav ŠćekićThe Council, however, did not respond to "Vijesti's" questions.
The editorial team also submitted questions to the Protector of Human Rights and Freedoms about the construction along the fence of the “Ljubović” Center.
They said that no one had contacted them about it.
"Good governance is open and acts on citizens' demands"
The Ombudsman's Office, regarding the fact that the competent public is being denied answers, reminded that the Constitution of Montenegro guarantees "that everyone has the right, individually or together with others, to address a state body or organization exercising public authority and to receive an answer."
"The meaning of the constitutional provision on the right to reply to a request or address from a party implies providing an opportunity for a party who is dissatisfied with the response to use the available legal means to protect their rights. Good governance, in accordance with its principles and principles, implies that public administration is oriented towards the needs of citizens, that it is open and accessible to citizens, that it acts with respect and attention, that it treats citizens equally in the same and similar situations, as well as that it acts in a timely manner upon citizens' requests," they state in the response.
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