The land for Šantovka Tower is in a protective zone

Olomouc - The Olomouc magistrate rejected the arguments of the investor of the Šantovka Tower skyscraper and decided that the land for its planned construction near the historical center of Olomouc falls within the protective zone of the urban heritage reserve. CTK obtained this information today from the official bulletin of the magistrate. According to the Ministry of Culture, it is not permitted to build high-rise buildings in the protective zone. The investor will appeal against the magistrate's decision.

There were doubts surrounding the protective zone. Office Park Šantovka claims that the high-rise building will not be located in the heritage-protected area and requested the magistrate last year to provide clarity to the confusing situation regarding the land placement.

On October 12, the magistrate decided that the parcels for the Šantovka Tower are located in the protective zone of the urban heritage reserve, which was declared on July 27, 1987. "The investor disagrees with the decision of the heritage preservation department of the Olomouc magistrate. They will utilize a legal remedy and file an appeal within the statutory period, which will be decided by the regional office," said the spokesperson for the Šantovka project, Juraj Aláč, to CTK.

The company Office Park Šantovka argued that the protective zone was assigned to the urban heritage reserve, the declaration of which in 1971 was not published in the Collection of Laws, and thus did not come into existence. The urban reserve was allegedly properly declared only at the end of 1987, but without a protective zone.

"The administrative body does not share this evaluation of the applicant. No relevant valid legal regulation at that time stipulated that the publication of the decree in the Collection of Laws was a condition for the validity of the mentioned decree," stated the head of the heritage preservation department, Vlasta Kauerová, according to whom the decree establishing the urban heritage reserve was published in the bulletin of the then Ministry of Education and Ministry of Culture.

The heritage inspection initially pointed out in 2008 that the protective zone was assigned to the urban heritage reserve in July 1987, the declaration of which in 1971 was not mentioned in the Collection of Laws. Last year, after a legal analysis, the Ministry of Culture changed its opinion. Although the decision to declare the protective zone had "insignificant formal deficiencies" according to the ministry, it was issued in 1987 in accordance with the legal regulations in force at the time.

The current proceedings regarding whether the land for the Šantovka Tower falls within the protective zone declared in July 1987 was important for the investor. The Ministry of Culture prohibited the construction of high-rise buildings in the protective zone, which was reflected in the new zoning plan that allows a maximum height of 23 meters for new buildings in this area.

However, the height regulation for buildings near the historical center of Olomouc was abolished by the court as of December 31, 2015. The city hall was given time until the end of 2015 to better justify the permitted height of buildings in the new zoning plan. However, the amendment to the zoning plan was delayed, so the height limits set by the zoning plan ceased to apply. The magistrate is considering a temporary construction ban. The construction of the 75-meter-high Šantovka Tower has been a topic of discussion in Olomouc for a long time. Opponents include heritage experts and some professionals who believe it could damage the city's historical panorama. The investor claims otherwise.