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The height regulation for buildings in this part of Olomouc was canceled by the court as of December 31 of last year, and the city wants to use the construction ban to gain time for its subsequent adjustment in the zoning plan. Without the construction ban, preparation for the controversial Šantovka Tower building could continue, even though the new zoning plan does not account for high-rise buildings in the protection zone of the urban heritage reserve.
Last February, the regional court canceled the height regulation in part of the new zoning plan for Olomouc, which prevented the construction of the 75-meter-high Šantovka Tower. The city was sued by the development company Office Park Šantovka. The court gave the municipality time until the end of last year to better justify the permitted height of new buildings in this part of Olomouc. According to the original plan, the proposal for the adjustment of the zoning plan was supposed to be completed last May to be discussed and prepared for approval this January. Preparation was delayed, so height limits ceased to be in effect as of the New Year.
Therefore, the municipality published the proposal for a construction ban at the end of last week, which is to apply to the land of the former Milo company and the nearby barracks, where the Šantovka Tower building is planned to be constructed. The construction ban prohibits new administrative buildings higher than 27 meters. "This construction ban is time-limited until the second amendment of the zoning plan comes into effect," states the announcement.
The Šantovka project, which includes a shopping center and a high-rise building, was prepared by the company SMC Development. Its spokesperson Juraj Aláč told CTK today that the Šantovka project intends to be completed as originally envisioned, including the high-rise building. He left the question of whether the company would submit objections or comments on the planned construction ban unanswered. SMC Development considers the construction ban to be another "unambiguously hostile and incomprehensible step" aimed at thwarting this investment. The investor will defend against the council's decision by all available legal means, added Aláč.
The councilors decided on the construction ban after it was acknowledged as a possible solution by the Supreme Administrative Court. The ruling of the NSS, which recently dismissed the appeals from Olomouc and Office Park Šantovka against the ruling of the regional court, also indicates that the Šantovka Tower investor cannot yet consider the approval of all its planned buildings in this part of Olomouc as certain. The city, thanks to the construction ban, according to an earlier statement from the mayor's deputy Aleš Jakubec (TOP 09), will gain space to discuss the proposal for an amendment to the zoning plan, which must then be approved by the council. Issuing the ban will take several months.
There has been heated discussion in Olomouc about the Šantovka Tower building for some time. Some experts disagree with its construction, along with heritage protection officials, arguing that it will damage the skyline of the historic center of Olomouc. The investor has an opposing view.