Olomouc – The Office Park Šantovka company has filed a lawsuit against the decision of the Olomouc Regional Authority, which rejected its appeal in the spring regarding the existence of a protective zone around the city heritage conservation area in the center of Olomouc. The company wants to build the controversial high-rise building Šantovka Tower on the local land, but the protective zone does not permit it. The protective zone was confirmed by the magistrate last November, after which the investor unsuccessfully appealed to the regional authority. CTK obtained this information today from documents on the regional council's bulletin board.
According to the Ministry of Culture, high-rise buildings cannot be constructed within the protective zone of the city heritage conservation area. However, Office Park Šantovka has long disputed the existence of this zone, claiming that the 76-meter tall Šantovka Tower will not be situated within the heritage-protected area. Therefore, it requested the magistrate to clarify the confusing situation regarding the land placement.
The magistrate then decided last autumn that the plots for Šantovka Tower are within the protective zone of the conservation area, which was declared on July 27, 1987. However, Office Park Šantovka argues that the protective zone was assigned to the city heritage conservation area, which, legally, did not exist. It claims that the city reservation was only properly declared at the end of 1987, but without the protective zone.
The regional authority stated in its comments on the rejection of the appeal that the protective zone was validly declared and exists. "The borders of the protective zone were also unambiguously and specifically stated in the decision regarding its determination," says the regional authority's ruling.
The Monument Inspection first pointed out in 2008 that the protective zone was assigned to the city heritage conservation area in July 1987, but its declaration in 1971 was not recorded in the Collection of Laws. However, after a legal analysis, the Ministry of Culture changed its position. The decision to declare the protective zone had, according to the Ministry, "insignificant formal deficiencies," but was issued in accordance with the then-applicable legal regulations in 1987.
The construction of Šantovka Tower has been discussed in Olomouc for years. It is opposed by preservationists and some experts, who argue that it would damage the historical panorama of the city. The investor asserts the opposite. In the spring, the court granted suspensive effect to the lawsuit against the land-use decision for the construction of Šantovka Tower. The construction proceedings cannot be initiated for now. The court granted the request of former ombudswoman Anna Šabatová, who filed a lawsuit against the Olomouc magistrate.
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