of the High-rise building into operation through court, reports NTS . On May 16 the decision of appeal instance of the 21st Arbitration court Sevastopol was published. The previous decision on business in which it was spoken about impossibility to enter two skyscrapers of the Agathe-and enterprise in the middle of the juniper wood into operation because of the allowed violations, court nullified and accepted the new.
"The statement of Agata-and limited liability company to satisfy", - it is told in the court decision .
Thus, refusal of structures of Government goroda in permission delivery about commissioning which was challenged by the builder, is nullified. The deputy Vyacheslav Nikolaevich Gorelov considers: if this territory got to borders of the wildlife area of "Laspi", arguments against input of object would be more.
Who hurries to legalize pseudo-boarding house in Laspi
In case papers is said that in August, 2017 of LLC "Agat-A" Balaklavsky District Sevastopol" treated in DEPARTMENT ARKHITEKTURY I GRADOSTROITELSTVA SEVASTOPOL with the statement for delivery of permission to commissioning of object of capital construction "Boarding house for rest of families children in the natural boundary Laspi. However executive power refused, referring to the allowed violations. The data specified in documents submitted by the builder, were doubtful and inconsistent.
So, for example, in spite of the fact that the beginning of construction fallson February, 2013, the applicant submitted the project documentation developed in 2014. The area of building exceeds specified in project documentation – 937 square meters instead of 780. Besides, in the declaration on the beginning of performance of construction works 9 floors are specified, however according to the presented technical plans for 2017 "objects of capital construction with quantity of floors 10" are actually constructed.
It is remarkable that when the builder tried to challenge department refusal in court, ripened need of carrying out judicial technical expertize, however the parties refused its carrying out – is spoken in case papers. In December, 2017 the Arbitration court refused "Agata-and" satisfaction claims. The builder challenged the decision in appeal instance and unexpectedly previous verdict of the judge Minko was completely cancelled by the judge Karev. While only the rezolyutivny part of the decision, and than court is published motivated support of commissioning of scandalous constructions while it is not clear. Also unclear, why there were obstacle no revealed violations.
the Deputy ZAKONODATELNOE SOBRANIE SEVASTOPOL Vyacheslav Nikolaevich Gorelov considers that if "Agathe-and" earth were included in structure of OOPT, buildings could not be put into operation. Let's remind, past week the commission at city department of architecture considered a controversial question and by a majority vote recommended to approve requirements of the builder. As a part of the commission officials appeared in the majority: against were only Vyacheslav Nikolaevich Gorelov and the cochairman of All-Russia People's Front Nemtsev Vladimir. The deputy reminds: when there was a speech about creation of the distressful wildlife area, the commission of experts on OOPT delimitation at the Sevprirodnadzor included in them "Agathe-and" sites.
"Most important: those borders which the commission expert approved – these two skyscrapers were included in these borders", - the chairman of standing committee on town planning and the land questions tells ZAKONODATELNOE SOBRANIE SEVASTOPOL Vyacheslav Nikolaevich Gorelov.
However then played the real detective story. The mayor, having been tired of charges of the public of a tightening of creation of the wildlife area, called the next reason of hitch: in his opinion, members of a commission of experts and personally Vyacheslav Nikolaevich Gorelov deliberately distorted OOPT borders, having bypassed the boarding houses constructed on the coast. Thus protocols of meetings of the commission indicate the opposite – all decisions were accepted by the Sevprirodnadzor subordinated to the governor. As a result the wildlife area of "Laspi" was created in February, 2018 – but its borders avoided "Agathe-and" skyscrapers.
"As far as I know, on February 7 to our dear head 5 different options of borders of OOPT in the natural boundary Laspi" were offered to. And one of these options was such which "cut out" this land plot from borders of projected OOPT. Here such decision also was accepted", - Vyacheslav Nikolaevich Gorelov reminded.
toAs it was reported earlier, under the guise of boarding house of a social orientation in the juniper wood the housing estate in which apartments are on sale grew. Before construction of buildings on these sites there was a wood. Archival materials testify that at least 300 Red Book junipers appeared in a spot of building and were destroyed. By the current legislation the sum of penalties for the cut-down wood and the spoiled soil cover could make more than 30 million rubles, however legal consequences so still did not follow.