(Podgorica, 7 August 2011) – MANS today called on members of Budva’s city council to reject the proposed “Mirište” plan, which would effectively legalize two illegally erected buildings on a land parcel belonging to Nikšić businessman Branislav Mićunović.
The Municipality of Budva, with money taken from municipal coffers, paid for the preparation of a planning document that only relates to Mićunović’s property. The parcel of some 1,700 m2 contains the rough structure of an already completed 8-story building and another 2-story building.
During public consultations, MANS was the only organization that submitted deputations on the draft planning document, and the only organization to participate in the central public debate. During these hearings, a document was presented that essentially copied the existing state of affairs on the ground, essentially ensuring 100% approval of the illegally erected objects found on the parcel of land belonging to Branislav Mićunović.
The Draft Plan for “Mirište” now “foresees the building” of an 8-story building that will house apartments, as well as a satellite building that would house stores, a spa and a pool.
The preparation of this plan was assigned to Podgorica’s “Urban Studio,” whose owner is Gordana Raičević. Raičević previously worked in the Republican Institute for Urban Planning and Design (RZUP). It is with the RZUP that Raičević concluded an agreement to develop this plan. This means that the buildings in question were legalized on the basis of a document jointly prepared by Urban Studio and RZUP (owned by Aco Đukanović). Raičević, incidentally, also headed an expert commission that weighed the merits of another planning document that drastically increased the permitted number of floors for buildings belonging to Aco Đukanović’s parcel in Podgorica (including the regional unit of the Police Directorate), thus indicating further conflicts of interest.
With specific reference to the “Mirište” plan, MANS submitted a set of concerns about it, pointing to a number of irregularities during its preparation. Above all we pointed out that the plan, at public expense, proposes to effectively legalize the illegal construction projects of a privileged investor.
According to cadastral data, the zoning designation of the parcel in question is for “fruit orchards, 2nd class.” Furthermore, the Spatial Plan of Budva from 2007 defines this surface as an olive grove. However, since these buildings have been erected on Mićunović’s parcel, the Spatial Plan was amended to allow for the parcel’s rezoning. Now the construction of tourism facilities on this land is permitted, initiating the process for legalizing these buildings.
However, these amendments stipulated that only objects totaling some 50 beds – in ‘smaller objects’ and integrated with the surrounding green surfaces – were permitted on Mićunović’s parcel. On the other hand, the draft plan allows for an 8-story building, which is far from the common understanding of a ‘smaller object’ or something that can be easily integrated with surrounding green surfaces.
In her response to MANS’ comments on the plan, Gordana Raičević informed us that returning the parcel to its previous state is: “technically impossible and economically unjustified since the rough construction work has already been completed on these objects.” We actually believe that it is technically possible to demolish an 8-story building, though we certainly ‘understand’ that it is economically unjustified to do so for the owner of the building found on Mićunović’s parcel. Nevertheless, the first priority of the municipal administration in Budva should be protecting the public interests and implementing already adopted plans, instead of protecting the interests of investors who are given the right to build illegally.
In the meantime the construction work on the buildings has continued with the largest one now reaching 8-stories (even though this part of Budva still does not have a detailed spatial plan that would enable the issuing of construction permits). Given that the building stands untouched, it is clear that municipal inspectors either did not visit this location or did not dare to react to the construction happening on-site, since the owner of this parcel is Nikšić-based businessman Branislav Mićunović. The object itself is totally visible to anyone in the region given that it is located on the main – and only – highway linking Saint Stefan and Bećići.
There is also no information indicating that the object has been sealed, that mandatory penalties were handed out or paid, that local inspectors attempted to demolish the building, or any other indication that municipal officials did anything while illegal construction proceeded. Considering that the object was raised during the mandate of then minister Branimir Gvozdenović, MANS will in the subsequent period examine his role in maintaining the status quo regarding the illegal construction occurring on Mićunović’s parcel.
In any case, by adopting the “Mirište” plan, conditions will be secured for the retroactive legalization of illegally erected objects, thereby protecting the investors involved from responsibility for the continual violation of the law and illegal construction activity.
The Draft Plan was approved by the actual mayor of Budva, Lazar Rađenović, who should already know that the municipality is adopting a plan that will legalize buildings not in conformity with the urban spatial plan. In this way Rađenović is simply following in the footsteps of his predecessor, Rajko Kuljača.
It is for these reasons that we once again call on members of Budva’s city council to reject the “Mirište” plan until it is brought into conformity with the Spatial Plan of Budva (and other higher order plans). We also call on delaying approval of this plan until responsibility for legal violations and the administrative failure of municipal inspectors is established.
