The Ombudsman recently reviewed an initiative concerning two parties who have been awaiting a decision regarding a proposed change in land use since 2009 or 2010. A central issue identified during the review was that the foundational municipal spatial plan (OPN) for the Municipality of Slovenska Bistrica, which underpins the request for the land use change, had not reached the stage of public disclosure during the Ombudsman’s consideration period. Consequently, the initiators reported not being fully informed about whether the proposed alteration would be integrated into the OPN.
Furthermore, the failure to adopt the OPN meant that the initiators lacked the means for effective legal protection concerning the proposed land use. Based on these circumstances, the Ombudsman concluded that a violation of the principle of equal protection of rights, as stipulated in Article 22 of the Constitution, had occurred. As a result, the Ombudsman recommended that the municipality direct all efforts toward the adoption of the OPN by October 30, 2026.
Conversely, in a separate assessment, the Ombudsman determined that the Municipality of Slovenska Bistrica had acted in accordance with the principle of equal protection of rights. For this aspect, the Ombudsman recommended that the municipality implement all necessary measures to ensure the OPN is officially adopted by the deadline of October 30, 2026. These findings underscore the need for timely procedural action to finalize the change in land use and provide legal certainty to all stakeholders involved.
Topics: #change #land #use
