U-I-260/02

Reference no.:
U-I-260/02
Objavljeno:
Official gazette RS, No. 25/2005 and OdlUS XIV, 7 | 17.02.2005
ECLI:
ECLI:SI:USRS:2005:U.I.260.02
Abstract:
A planning document of a local community may, according to Art. 6 of the Spatial Planning Act, exceptionally determine that the best agricultural land is intended for non-agricultural use, if other agricultural land or forests cannot be used and one of the enumeratively determined cases of their use is at issue, which the municipality does not state in the present case.
 
Merely on the basis of the opinion of their specialist service for agriculture on the quality of the land and the possibility of intensive agricultural use the municipality could not change the category of the agricultural land in compliance with Art. 3 of the Agricultural Land Act.
 
The municipal spatial plan is inconsistent with Art. 24 of the Urban Planning and Other Forms of Land Use Act, as the municipality did not indicate the path of the suburban railway in cartographic annexes.
 
The spatial plan changed the category or the purpose of the best agricultural land inconsistently with Art. 3 of the Agricultural Land Act and Art. 6 of the Spatial Planning Act, therefore the Constitutional Court annulled it.
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
municipal regulation
Date of application:
21.06.2002
Date of decision:
17.02.2005
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN03286