The court postponed the proceedings regarding the ombudsman's lawsuit concerning Šantovka Tower

Olomouc – The Olomouc Regional Court has today postponed the hearing of the complaint filed by the Public Defender of Rights against the zoning decision for the construction of the controversial Šantovka Tower adjacent to the heritage conservation area in Olomouc. It will reconvene to discuss it in March. Due to the complaint and its subsequent suspensive effect, the investor cannot yet apply for a construction permit. The Šantovka Tower has been a topic of discussion in Olomouc for years. Heritage conservationists and some experts oppose it, arguing that it would harm the historical skyline of the city. The project is backed by entrepreneur Richard Morávek, who claims that the skyline of downtown Olomouc is not under threat.

The complaint in the public interest was filed against the city council in 2019 by former ombudswoman Anna Šabatová, who asserts that officials violated several laws when making decisions concerning the 74-meter-high Šantovka Tower, permitting the location of the building based on unlawful binding opinions and in contradiction to the zoning plan. However, the zoning decision had already gained legal force before this complaint was submitted, allowing the investor to apply for a construction permit and begin construction. The ombudswoman therefore requested the court to grant a suspensive effect to the complaint, and she was successful.

According to Křečka, the public interest was disrupted in this case due to the heritage value of the location. "In my opinion, that is decisive in this whole matter. The interest in preserving the heritage view of the heritage conservation area is so significant that it naturally requires the protection of the public interest, and that is why we filed this complaint," he told reporters.

According to the city council's legal representative Ivana Hučínová, the city acted correctly, securing all the necessary documents and opinions. The lawyer for the Šantovka Tower project claims that the high-rise building does not infringe on any significant public interest. Additionally, she states that the ombudsman did not conduct the usual investigation and did not call upon the city council for a statement or to submit the file. "As a result, the complaint contains a number of inaccuracies and facts contradicting the actual state, and had a proper investigation been carried out, this would probably not have been the case," she stated. She mentioned, for example, the visibility of the Šantovka Tower from Lower Square. While the upper part of the building was visible in the original project, after moving the building 200 meters further, that is no longer the case according to her. The complainant claims otherwise.

According to the ombudsman's legal representative, the Šantovka Tower project shows significant suspicion of systemic bias on the part of the city council. The city signed a cooperation agreement with the Šantovka Tower investor in 2010. "The city is obligated to effectively cooperate with the investor and protect against the occurrence of damage," he said. According to him, the failure to realize this project can also be considered as damage. "There is therefore a significant economic interest for Olomouc to see this interest realized; otherwise, the investor risks a lawsuit for damages," he stated. He argued that the city council should have referred the zoning decision to the superior authority. Hučínová holds the opposite opinion. "The cooperation agreement from 2010 is customary for projects of this scale. It contains standard provisions, and the city has not renounced its interests and their protection through this agreement," she said.