Olomouc will have a legal analysis prepared due to the construction ban

Publisher
ČTK
16.03.2016 13:25
Czech Republic

Olomouc

Olomouc - The preparation of a building freeze on the land surrounding the planned high-rise building Šantovka Tower near the historic center of Olomouc is becoming complicated. The investor has raised objections against the city's planned measure, which aims to prevent the construction of the building until the amendment of the new zoning plan is approved. Therefore, the councilors prefer to commission a legal analysis to avoid the risk of losing legal disputes. The investor had previously announced that he would legally contest the building freeze.

The Deputy Mayor Aleš Jakubec (TOP 09) told reporters today that officials have prepared the necessary documents for issuing the building freeze; however, after a lengthy discussion, the councilors ultimately did not make a decision on this measure and requested a legal analysis instead. “The council members are requesting a legal assessment of the risks that may arise for the city from the adoption of the freeze and its associated consequences,” he stated.

A court abolished the height regulation of buildings near the center of Olomouc as of December 31 of last year. The city wants to use the building freeze to gain time for an additional amendment to the zoning plan. Without the building freeze, preparations for the construction of the 75-meter-high Šantovka Tower could continue, even though the new zoning plan does not account for high-rise buildings within the protective zone of the city heritage reserve.

Jakubec has not yet been able to estimate how long the legal analysis will take. He reminded that the investor has already sued the city due to the preparation of the new zoning plan and has raised nine objections to the building freeze. The Department of Concept and Development of the City Hall suggested that the councilors do not comply with any of the objections. “It is certainly expected that this (dispute over the building freeze) would go back to court,” noted Jakubec. The deputy does not fear that the company could use the time gained to start construction of Šantovka Tower.

The court gave the city hall until the end of last year to better justify the permitted height of buildings in the new zoning plan. However, the preparation of the zoning plan amendment has been delayed, so since the New Year, the height limits have ceased to apply. Therefore, the city hall prepared a proposal for a building freeze, which is to apply to the land in the area of the former Milo enterprise and nearby barracks, where the construction of Šantovka Tower is planned. The building freeze prohibits new constructions higher than 27 meters. The councilors decided on the building freeze after it was acknowledged as a possible solution by the Supreme Administrative Court.

The Šantovka project, which includes a shopping center and a high-rise building, has been prepared by the company SMC Development. Its spokesperson Juraj Aláč told ČTK that the investor wants to complete the Šantovka project, including the high-rise building. The company considers the building freeze as another “unequivocally hostile and incomprehensible step” aimed at thwarting this investment. The investor will defend itself against the decision about the building freeze by all available legal means, Aláč stated.

There has been a long and heated discussion about the Šantovka Tower building in Olomouc. Heritage conservationists and some experts oppose its construction, arguing that it would damage the skyline of the historic center of Olomouc. The investor holds an opposing view.

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