U-I-101/99

Reference no.:
U-I-101/99
Objavljeno:
Official Gazette RS, No. 43/01 and OdlUS X, 86 | 10.05.2001
ECLI:
ECLI:SI:USRS:2001:U.I.101.99
Act:
Ordinance on Auxiliary Buildings for Which a Location Permit by Cerklje Municipality is Not Required (Official Reporter of Gorenjska, Nos. 1/98 and 2/99), Arts. 5.4, 6.2.6
Operative provisions:
Arts. 5.4, 6.2.6 of the Ordinance on Auxiliary Buildings for Which a Location Permit by Cerklje Municipality is Not Required (Official Reporter of Gorenjska, Nos. 1/98 and 2/99) are annulled. The petitioner bears his own costs of proceedings.
Abstract:
Pursuant to the Act on Urban Planning and Other Forms of Land Use (hereinafter ZUN), municipalities may prescribe that a location permit is not necessary for building auxiliary buildings. In this regard, municipalities may determine by their regulations the type, purpose, highest size and manner of the construction of such buildings, which need to be declared to the competent public administration body. However, according to ZUN, the municipality has no power to prescribe a certain additional consent or a prior opinion as the condition for issuing a decision permitting declared works. Thus the municipal ordinance provisions that require from the investor to submit also other attachments to the application declaring works than determined by ZUN (in particular a consent or an opinion by the municipality) are not in conformity with ZUN.
Password:
Land use planning, building, location permit.
Land use planning, declaration of works.
Building, consent or an opinion of the municipality for declaration of works.
Regulations, regulation by a municipal ordinance without following statute.
Constitutional Court, costs of proceedings before the Constitutional Court.
Constitutional Court, lack of jurisdiction to review an (individual) activity.
Dissenting opinion of a Constitutional Court judge.
Legal basis:
Act on Urban Planning and Other Forms of Land Use (ZUN), Arts. 50, 51, 55, 56, 62
Constitutional Court Act (ZUstS), Art. 45.3
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
municipal regulation
Applicant:
Iztok Prosenc, Kranj
Date of application:
22.04.1999
Date of decision:
10.05.2001
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN02306