Vujičić: Expired plans are destroying Budva

The non-governmental organization "Civil Action" warned that for many years, Budva has been implementing the practice of implementing planning documents (Budva Center DUP and Bečići DUP) whose validity period has expired, which has serious consequences for the space, environment and legal security of citizens.

The representative of this NGO, Božidar Vujičić, reminds that the planning documents were adopted for a limited period of time (five years), and that their validity expired more than a decade ago.

"Despite this, the competent authorities continue to issue urban-technical conditions and other documentation for construction based on such plans. We particularly emphasize that the Constitutional Court of Montenegro, in its decisions, which are final and binding, has taken a clear position that planning documents cease to be valid upon the expiration of the period for which they were adopted, and that their validity cannot be extended without following the procedure prescribed by law. The Administrative Court, by its judgment U. No. 2409/18, and the urban planning inspector, have determined and warned the Budva Municipal Council that the plans were adopted contrary to the law," emphasizes Vujičić.

Despite this, as he points out, their application continues in practice.

"The use of outdated planning documents means that space is developed without a valid environmental impact assessment. This enables construction without modern environmental standards, circumvention of environmental protection procedures and permanent damage to space and natural resources. This practice has direct consequences for the rights of citizens. Citizens who acquired ownership of construction land several years ago cannot exercise their right to construction due to the lack of new planning documents, while at the same time construction is enabled based on plans that no longer have legal effect. This creates a situation of legal uncertainty and unequal treatment of citizens," says Vujičić.

The use of outdated planning documents, he claims, prevents planned spatial development and the construction of facilities of public interest, including infrastructure and other facilities of importance to the community.

"This issue is of particular importance in the context of Montenegro's accession process to the European Union, especially in the areas of the rule of law and environmental protection. The NGO 'Civil Action' has already informed the Delegation of the European Union to Montenegro about this issue. We call on the competent institutions to ensure compliance with the decisions of the Constitutional Court, the Administrative Court and the warnings of the urban planning inspector, to cease the application of planning documents that have expired and to urgently proceed with the adoption of new planning documents in accordance with the law," concluded Vujičić.