Should “Electronic Communications” Be in the Local Plan?
Answer:
The issue of “Electronic Communications” networks and services must be stated in the Urban Planning Documentation (UPD). It should be noted that in older UPDs this issue is often not solved, or it is presented in the “old way” as communications, telecommunications, radio communications, communication lines, telephone lines and exchanges and so on.
According to the Building Act, “Electronic Communications (EC)” are part of the public infrastructure (Section 2(1)(k2)) as communication lines of the public communication network and electronic communication equipment of the public communication network. In the case of justified need, EC can also be defined in UPD as public benefit constructions (this is advantageous in case of a need for “expropriation”).
The issue of urban planning is addressed in the Implementing Decree to the Building Act, namely in Decree No. 500/2006 Coll., as amended, on Planning Analytical Materials, Urban Planning Documentation, and the Method of Registration of Spatial Planning Activities.
In Annex No. 6 to the said Decree, which determines the “Content of the Local Plan Assignment”, it is required to address the concept of public infrastructure in UPD, in particular the verification of the organisation of public infrastructure and the possibilities of its changes.
Furthermore, Annex No. 7, which sets out the Content and Structure of the Local Plan, requires that the text of UPD contain the concept of public infrastructure (i.e. also EC), including conditions for its location, delimitation of areas and corridors for public infrastructure, including setting conditions for their use. There is also a requirement that the graphic part of the local plan contain the concept of public infrastructure (i.e. also EC), including the definition of areas and corridors. The concept of individual public infrastructure professions can be elaborated in separate drawings (recommended). We also recommend considering the inclusion of EC buildings as public benefit buildings.
In conclusion, I can state that the whole process of building permit is derived from UPD, and every construction or activity in the territory must be in accordance with the Urban Planning Documentation.
Prague, 06/10/2020 Prepared by: Ing. Jiří Kliner, authorised engineer of the Czech Chamber of Authorised Construction Engineers and Technicians No. 0002919