Planning rights
A future power line or gas pipeline is planned in two stages:
- As a rule, the spatial plan establishes the best possible location for a new power line or gas pipeline in the form of a clearance corridor. A clearance corridor is the area of land required for the construction of a line or pipeline, along with a protection zone and some buffer. The latter allows the power line or gas pipeline to be shifted by up to a few tens of metres in one direction or another during subsequent design, based on local conditions and technical needs.
- Subsequent design will determine the exact locations of the power line and its towers as well as the gas pipeline.
Designated national spatial plan
The preparation of a designated national special plan generally consists of two stages:
- pre-selection of a location, where the possible location of the site is decided; and
- preparing a detailed solution, during which the details of the building right are determined in more detail.
The Planning Act allows, in certain cases, to limit the preparation of a designated national special plan to only the pre-selection of a location. This is possible if no circumstances are identified that would preclude the later construction of a power line or gas pipeline at the selected location.
Rights of the landowner in planning
Landowners have the opportunity to have a say in the planning process as well as in the granting of design conditions and building permits. After more detailed research, experts select the best alternative – this choice is also presented to the public and landowners before a final decision is made.
The earlier the landowner shares their wishes, concerns, and relevant information with the experts preparing the spatial plan or building design documentation, the easier it is to take them into account when drawing up a solution. In order to share important information, it is not necessary to wait for a notification that the next set of documents has been completed; instead, information can be shared at any time.
Landowners and other interested parties have the right to express any opinion regarding a planned power line or gas pipeline, including being fundamentally opposed to its construction or a certain route alternative. However, the most valuable information for planners is substantive information about local conditions that could speak in favour or against a route alternative.
In any case, it must be taken into account that the planners and enacters of the spatial plan (the Government of the Republic or a local government) must balance different interests, i.e. the interests and rights of a specific landowner are only one consideration among many. Because interests may be conflicting, it may not be possible to agree with every opinion presented in the final solution.
Anyone who finds that a spatial plan, design conditions or building permit established for a power line or gas pipeline violates their rights may contest the respective decision in an administrative court within 30 days of learning of it. However, contesting a decision does not automatically suspend its validity, which means that preparations for the construction of the line or pipeline may continue even during the dispute.