PUZ from Reghin contested by tenants – News from Mures, News Targu mures

April 25, 2024

As a result of a public notice issued by the Reghin City Hall regarding the consultation of the population regarding the urban planning documentation – DEVELOPMENT OF ZONAL URBAN PLAN (PUZ) AND REGULATIONS FOR COMMERCIAL SPACE AND COMMERCIAL GALLERIES, EXTERIOR ARRANGEMENTS” – for Iernuțeni str., no. 59-67 of Reghin Municipality, several tenants in the area announce their opposition to the urban planning documentation under debate. The appellants invoke aspects of illegality and lacks in the documentation and believe that their quality of life will be affected, as a result of the construction of a commercial complex in the area intended for the construction of housing according to the PUG in force. We reproduce below aspects of the submitted appeal. A public debate would take place on Friday, April 26.

” First of all, there was no substantiation study of PUZ AND REGULATION FOR COMMERCIAL SPACE AND COMMERCIAL GALLERIES, EXTERIOR ARRANGEMENTS. As a requirement of legality, one of the stages of the process of drawing up urban planning documentation is that of drawing up substantiation studies that include: the delimitation of the studied objective; critical analysis of the existing situation; highlighting dysfunctions and intervention priorities; proposals to eliminate/reduce dysfunctions; forecasts, scenarios or development alternatives.

Considering that studying, formulating objections or reservations to the attached studies requires a detailed approach and specialized knowledge, on 15.04.2024, the undersigned submitted a request for consultation of the PUZ documentation, by which we requested the release in electronic format or physical copy of the entire urban planning documentation, attached – PUZ. The local public authority refused to issue a copy of the documents citing the existence among the pieces of the file of documents with intellectual property rights, although obviously the documents became public through the publication on the website of the town hall.

In conclusion, due to the fact that mainly the content of the Impact Assessment Study on the health status of the population no. 1641/05.01.2024, as well as the evaluation report no. 1376/09.01.2024, the documentation on which the DSP Mures Opinion is based, cannot be known and implicitly verifiable from the point of view of the conclusions, it follows that it is necessary to postpone the public debate session set for 26.04.2024, until the date when it will be possible to fully study the PUZ project and the attached urban planning documentation.

Secondly, the consent of the directly affected owners is missing from the documentation. We believe that together with the residents, we are all entitled to express our agreement in authentic form, being owners of real estate and land affected by the regulations proposed through the PUZ.

We also point out that according to art. 37 letter a point 3 of Ord 2701/2010, Methodology for informing and consulting the public regarding the development or revision of land use and urban planning plans: informing and consulting the public about for PUZ proposals is carried out before the documentation is submitted to the technical approval circuit, as follows: Local public authorities make available to the public for consultation the documents related to the PUZ proposals, including explanatory materials, in a non-technical language, as well as the documents that were the basis of the first version of the proposals, as the case may be, the urban planning certificate, the prior notice of opportunity. Then according to letter b point 2 art.37, Ord 2701/2010, the local public authorities have the obligation to inform in writing the owners whose buildings are directly affected by the PUZ proposals and who have sent opinions.

Aspects related to the impairment of the quality of life

In support of our opposition, we believe that the zonal urban plan, in the manner in which it was designed, seriously violates property rights.

We also consider that the current form of the documentation does not ensure a balance between the interference brought to the rights and interests of the affected riparian owners and the benefit brought by the potential works. The undersigned believe that we cannot be obliged to bear a significant decrease in the value of our funds for the purpose of enriching the beneficiary of the PUZ, decrease due to the immediate vicinity of an assembly oriented with the technical and administrative part of the commercial complex towards our homes, in this case being seriously affected our interests and including the general interests of the community.

Certainly during the construction phase, we, the undersigned, will be subjected to the stress of the construction site characterized by a high level of noise and pollution with suspended dust particles likely to seriously disrupt daily life, property and family members.

There is definitely a direct and causal effect between the construction works proposed by the PUZ and the degradation of the quality of life of the undersigned, as the documentation does not provide any means to protect the population (screens, noise reduction devices), or compensation systems through compensations. In addition, after the completion of the construction, the activity carried out within the commercial complex provided for in the PUZ would generate noise of a frequency and level much higher than the permitted one.

We also mention that although it exists on the edge of the PUZ, the south side, an open field, the area behind the commercial galleries is intended to be located with direct access to the homes of the undersigned, so carrying out the supply activity at night would involve traffic of high-tonnage vehicles for loading/unloading, cargo handling, administrative operations associated with the noise risk factor above the permitted limit, especially at night.

Taking into account the aforementioned and motivated by the fact that the undersigned cannot be required to bear the costs of cleaning and protection due to the construction phase and subsequently to the exploitation of the facilities proposed through the PUZ, we request the local public administration to dispose in the requested sense. In the situation where it will be considered in the opposite direction, we believe that it is required by the local public authority to return to the beneficiary for the modification of the PUZ, which includes concrete ways of limiting the associated risk factors, especially in the construction phase of the construction, as well as the granting of compensations to the property owners of lands directly affected by the development of the PUZ project, compensations likely to remove the limitations and expenses of cleaning and removal of dust layer and noise pollution.

Also, in the situation where it will be opted for the continuation of the approval circuit of the PUZ in question, we consider it appropriate to request the local public administration, in this case the Reghin Local Council, in order to notify the beneficiary for the modification of the project, so that the Commercial Galleries are available with the administrative part, which serves supply and handling operations during the night, facing south, an area where it can be seen from the “Furniture Possibility” drawing that there are no built-up buildings.”

Florin Marcel Sandor