Panel of judges considered an appeals about land development on Mykola Amosov street in Solomianskyi District of Kyiv city
Co., Ltd Daytona Development Company appealed to the Department of Urban Planning and Architecture of executive agency Kyiv City Council.
A plaintiff asked the court to rule as illegal and decline a separate paragraphs of urban planning terms and limits of land development on Mykola Amosov street in Kyiv city. A goal destination – for building and servicing a housing, office and shopping complex with a hotel and parking.
A plaintiff as a developer disagreed with the rules of rules for determining a safe building height which are established in urban planning terms and limits of land development. Also, a plaintiff denied that the land chosen for development is located in the protected landscape area. In addition, he referred to the absence of a legislatively fixed mechanism for the development, coordination and establishment of historical and urban planning basis.
First instance court fully satisfied the plaint of Co., Ltd Daytona Development Company. Disagreeing with the decision of the court the Department of Urban Planning and Architecture, prosecutor's office of Kyiv city and individual filed an appeals.
Judges` panel fully satisfied an appeals of the Department and individual, but an appeal of prosecutor's office of Kyiv city was satisfied in part.
The decision of the first instance court was declined and refused in satisfying the claim of Co., Ltd Daytona Development Company.