The Kyiv District Administrative Court overturned the decision of the Kyiv City Council "On approval of the detailed plan of the territory within the borders of the Electricians, Naberezhno-Rybalskaya road in the Podolsky district of Kiev". The court found this decision unlawful. As a third party, the Department of Urban Development and Architecture of KSCA and LLC "Riverside Development LTD" Andrey Vavrysh were involved in litigation. This was reported by the press service of the District Administrative Court of Kyiv.
By his decision, the District Administrative Court of Kyiv satisfied the suit of People's Deputy Yuri Levchenko.
Judge Vladimir Keleberda noted that the detailed plan of the territory approved by the Kyiv City Council within the boundaries of the Electricians, Naberezhno-Rybalska road in the Podolsky district of Kiev contradicts the norms of the Kiev Master Plan for the period until 2020, and also violates the provisions of the law "On the regulation of town-planning activities".
According to the judge, during the trial it was established that the DPT was approved, including, with violation of the procedure for holding public hearings. "The violations give grounds to argue that there was a public discussion of only some of the design decisions of the DPT, and not the DPT project, as a whole town-planning document, because the DPT project on Elektrokov Street was not made public at all and was not submitted for public discussion," Vladimir Keleberda said.
As a result, the judge stressed, the DPT was approved in violation of the current legislation - without holding public hearings on the draft of this documentation. "It is worth noting that the approval at the local level of town planning documentation without holding public hearings on the drafts of such documentation is prohibited," the OAS of Kiev said.
It is also indicated that the DPT must necessarily correlate with the norms of the current general plan of the settlement. According to the General Plan of Kyiv until 2020, approved by the Kyiv City Council, the land plots indicated in the DPT project for functional purposes refer to industrial and low-rise residential buildings. A DPT changes the designation of sites for residential multi-storey buildings.
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