Developer failed with the cassation complaint regarding Šantovka Tower

Publisher
ČTK
27.07.2015 19:25

Brno - The Office Park Šantovka company has failed in its cassation complaint against the decision by the Olomouc regional office that in January 2014 revoked the approval for the construction of the Šantovka Tower. The approval was granted by municipal heritage experts in March 2013, and the region revoked it at the instigation of the National Heritage Institute, ČTK found out from the court database. Later, the region made a similar decision again. The planned construction has caused controversy in Olomouc, and currently, its construction is hindered by height regulations in the zoning plan.
    The developer filed a lawsuit against the regional decision, which the Regional Court in Ostrava rejected. Judicial review is possible only for the final zoning decision, not for partial opinions. The investor saw this as an infringement of the right to access to the court. However, the Supreme Administrative Court confirmed the regional court's decision.
    "The applicants are not being denied the right to access the court by this judgment, as they will be able to seek judicial protection against the effects of the defendant's decision in proceedings for the review of the final decision regarding the applicant's request for the placement of the building," states the NSS decision.
    The 75-meter high Šantovka Tower is set to become part of a larger complex of commercial, administrative, and residential buildings in the protection zone of the heritage reserve. The construction of high-rise buildings in this protection zone was prohibited by the Ministry of Culture, which was reflected in the zoning plan that allows a maximum height of 23 meters for new constructions in the area.
    However, in February, the court lifted the height limits in the protection zone and gave the city time until the end of the year to correct the zoning plan in this area, otherwise the regulations will cease to be valid from January. The city should better justify the regulation. The court considered the limits at the request of the development company Office Park Šantovka. The city hall has already requested the court for an extension of the deadline for modifying the zoning plan, and it is unlikely to meet the deadline by the end of the year.

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