Supreme Court of Ukraine confirmed legality of Detailed Territorial Plan of Rybalsky Peninsula
On June 21, the Supreme Court of Ukraine passed a final decision in the case on legality of the Detailed Territorial Plan of the Rybalsky peninsula. The court has left the decision of Kyiv District Administrative Court dated April 03, 2018 unchanged and dismissed the claim for abolition of the decision of Kyiv City Council (Kyivrada) dated September 29, 2016 “On approval of the Detailed Territorial Plan within Elektrykiv Street and Naberezhno-Rybalska Doroha in Podilskyi district of Kyiv.”
“A functional profile “for housing and public development, special purpose territory, public green space, municipal and storehouse purpose” envisaged by the Detailed Territorial Plan does not contravene the territorial use specified by the current General Plan of Kyiv, and represents clarification of its provisions regarding planning structure and functional use of the territory, space composition, parameters of the development and landscape of a part of the settlement, and does not change the functional zoning of its territories, thus meeting the requirements of Article 19 of the Law of Ukraine “On Urban Planning Regulation”, as specified by the decision of the Panel of Judges.
Therefore, the decision of the court of superior jurisdiction confirms once again that the detailed Territorial Plan of the Rybalsky peninsula meets the provisions of the current General Plan; erection of the multi-functional district on the peninsula is considered to be legal, and efforts to appeal against the Detailed Territorial Plan are politically motivated.
“It is unfortunate that nowadays the issues of the Detailed Territorial Plan become an instrument for reaping the political benefit. Hopefully, the Supreme Court has clarified details in the case in a fast and substantial manner” the CEO of the SAGA Development Andriy Vavrysh has commented upon it. “We were sure of our victory, and we did not stop construction works on the RYBALSKY not for a minute, therefore now we are preparing our first start-up facilities for their commissioning.”
The current General Plan of Kyiv envisages transformation of southern and central parts of Podilsko-Kurenivskyi industrial hub for the purpose of its multi-functional use. In accordance with these provisions of the General Plan, the Detailed Territorial Plan has been elaborated within Elektrykiv Street and Naberezhno-Rybalska Doroha, and approved by the meeting of Kyivrada dated September 29, 2016. In December 2016, based on the approved Detailed Territorial Plan, a construction of the RYBALSKY residential neighbourhood was begun and its first units would be commissioned in the coming months.