The ombudswoman is suing Olomouc over the construction of Šantovka Tower

Brno – The public defender of rights, Anna Šabatová, filed a lawsuit in the public interest against the Olomouc City Council's decision regarding the placement of the Šantovka Tower building near the historic core of the city. According to her, the council violated several laws, including the law on state heritage care and the law on the protection of nature and the landscape. The council's proceedings raise serious doubts about systemic impartiality, said Iva Hrazdílková, spokesperson for the ombudswoman, in a press release today.

The Olomouc building authority approved the placement of the building, which, according to the ombudswoman, could irreversibly damage the historic panorama of the city monument reserve, based on illegal binding opinions and in contradiction to the urban plan, the spokesperson said. According to the ombudswoman, the council was fully aware of these facts. Moreover, the officials from the council who decided on the matter may raise doubts about their impartiality, as the council, through its mayor, concluded a contract with the investor, in which the city committed itself under the threat of sanctions not to hinder the developer's construction activities in the area, said Šabatová.

"The city of Olomouc could have appealed against the issued zoning decision due to its illegality, but it did not do so. One reason may be the existence of a contract with the developer. The developer even directly addressed the mayor, the secretary, and other key representatives of the city with a strong reminder of the city's commitment not to take any steps against the project. This course of action by the developer can only be perceived as pressure on the city to comply with its contractual obligations and not to act independently in the zoning proceedings," said Šabatová. According to her, this is a textbook example of the risk of systemic bias.

The council, according to her, violated several laws, specifically the law on state heritage care, the law on the protection of nature and the landscape, as well as the administrative code, building act, and obligations of the Czech Republic arising from the Convention for the Protection of Architectural Heritage of Europe.

The zoning decision has become legally binding, and the builder can apply for a building permit and begin construction. The ombudswoman thus requested the Regional Court in Ostrava for priority consideration of the lawsuit and also for the granting of a suspensive effect on the lawsuit.

The developer applied for a zoning decision on the placement of the Šantovka Tower building at the end of 2017. The building is supposed to be up to 74 meters high, and it should stand on land within the protective zone of the city monument reserve.