The Municipal Development Plan of Ferizaj for the years 2017–2025 has been declared invalid by the Court of Appeal, due to legal violations during its drafting and approval. The current Director of Urbanism, Arbër Bytyqi, has been excused by saying that at the time of its approval, he and his party were not in government.
Arianita Hoti
After a long legal battle launched by the citizens of Ferizaj, the Court of Appeal confirmed that the Municipal Development Plan of this municipality for the years 2017-2025 is legally invalid.
In a decision of September 12, 2023, the Basic Court in Pristina found that the Plan was approved without public review, an obligation provided for in Article 20 of the Law on Spatial Planning.
The ruling found that the Municipality of Ferizaj had not respected basic legal procedures. Following this, the Ministry of Environment, Spatial Planning and Infrastructure filed an appeal with the Court of Appeal, which rejected it as unfounded.
"This decision confirms the legal invalidity of the Ferizaj Municipal Development Plan 2017–2025, due to the violation of mandatory legal procedures during its drafting and approval, specifically the lack of public review and non-involvement of citizens in the consultative process, as provided for by the Law on Spatial Planning," the Court of Appeals decision states.
Arbër Bytyqi, the director of Urbanism in Ferizaj, justified his actions by saying that in 2017, when the Plan was approved, he was not in the position of director.
"The Municipal Development Plan was approved in 2017, in a period when we were not in power and were not part of the drafting or approval of the procedures of this strategic plan. However, we have made efforts to find legal forms to repeal this plan. Due to legal obligations, as every plan must be in force for 8 years, we have not managed to obtain consent from the ministry for its cancellation," said Bytyqi.
Brahim Osmani, an assemblyman for the opposition Vetëvendosje Movement in Ferizaj, stressed that his party has consistently been against the plan, accusing the Urban Planning Directorate of issuing construction permits without meeting urban planning criteria.
"Looking at the buildings themselves, there were decisions and permits for which urban conditions were not met, and the MDP, when it was called to be repealed, did not do it for eight years, and at the end of this year it did," said Osmani.
But Director Bytyqi rejected the claims.
"Construction permits cannot be issued based on the Spatial Plan, but only according to the destination determined by the Development Plan. So far, only part of the destination has been implemented, while all permits that have been issued have been in accordance with the law," he said.
The Appeals Court's verdict states that the former director of urban planning in the Municipality of Ferizaj also faces criminal proceedings for abuse of office and official authority in connection with the illegal approval of the Municipal Spatial Development Plan.
