A case has been initiated on amendments to the spatial plan of the state city of Jūrmala
A case has been initiated before the Constitutional Court on the compliance of Clauses 2411, 2412 and 2413 of Jūrmala City Council binding regulation No 2 “On the approval of the regulation for the use of and construction on the area of the amended Jūrmala state city territorial planning” of 25 January 2024, and of the graphical part that determines the change of functional zoning of land units with cadastral designations (13 000 030 601, 13 000 075 408, 13 000 075 912, 13 000 112 702, 13 000 123 101) to the territory of the construction of detached houses, with Section 115 of the Constitution of the Republic of Latvia.
The contested norms amend the type of use of certain land units in the territorial planning of the state city of Jūrmala. The contested norms envisage changing the functional zoning of land units Stirnurags 0601, Bulduri 4508, Bulduri 5912, Jaundubulti 2702 and Pumpuri 3101 from the territory of nature foundation to the territory of detached houses.
The applicant is an association whose purpose is protecting the environment and nature. In its view, the changes to the functional zoning of the areas in question are contrary to the principles of environmental protection. By providing that the disputed territories are to be transferred for construction, the municipality has not properly assessed the potential damage to the natural diversity and the protected plants, habitats of specially protected species, coniferous trees and biotopes therein. Taking the above into account, the applicant’s right to a favourable environment provided for in Section 115 of the Constitution has been infringed.
The Constitutional Court invited the institution that issued the contested law – the Jūrmala City Council– to submit a reply to the Constitutional Court with an explanation of the actual circumstances of the case and the legal basis by 28 October 2024. The deadline for the preparation of the case is 27 January 2025. The Court will decide on the procedure and date for hearing the case once the case is prepared.
Related Case: 2024-26-03
Linked case: 2024-26-03