Exxon Premier Shulyavskaya will not proceed with any construction.
Exxon Premier Shulyavskaya, a cooperative, has lost a legal dispute over a proposed development on ave. Victory, 50-A. This development posed potential risks for the metropolitan metro. The cooperative failed to convince the Cassation Administrative Court that the Department of Urban Planning and Architecture of the KSCA should provide it with urban planning conditions and restrictions (MUO) for the design of the multifunctional high-rise complex “50Avenue”. As a result, the court confirmed the officials' rightful refusal to issue the documents due to the inconsistency of the building’s intentions with the local urban planning requirements.
As was recently revealed, KVon January 19, 2023, the Administrative Court of Cassation of Kyiv rejected the cassation complaint of OC Exxon Premier Shulyavskaya in case No. 640/9995/20.
This information was shared on Facebook informed by Alexander Dyadyuk, a capital lawyer and human rights activist who participated in the proceedings on the side of the defendant – the Department of Urban Planning and Architecture of the Kyiv City State Administration (KSCA). The court's decision has not yet been published in the State Register of Court Decisions.
As part of this case, Exxon Premier Shulyavskaya attempted to compel the Kyiv City State Administration officials to issue an MDA for designing a multifunctional complex (BFC) on avenue. Peremohy, 50-A in the Shevchenkovsky district of Kyiv (cadastral number of the land plot 8000000000:88:093:0026). The department of the capital city state administration declined to issue this document to the organization 16 times from June 2018 to April 2020. A refusal on January 15, 2020, based on “the inconsistency of the intentions of development with the requirements of urban planning documentation at the local level” was the subject of the court appeal. The Kyiv District Administrative Court partially accepted the claim of OC Exxon Premier Shulyavskaya on November 11, 2021, recognizing the refusal order as unlawful and obliging officials to reconsider the cooperative's application for the issuance of the MDO. However, on August 31, 2022, the Sixth Administrative Court of Appeal completely rejected OK “Exxon Premier Shulyavskaya” in meeting its requirements. The cooperative appealed this decision in the cassation instance, but was ultimately unsuccessful.). The specified department of the capital city state administration from June 2018 to April 2020 16 times refused to issue this document to this organization. It was the refusal of January 15, 2020, which was appealed against in court, which was justified by “the inconsistency of the intentions of development with the requirements of urban planning documentation at the local level” (it is impossible to build what the cooperative wants on this land according to the General Plan. – KV).
November 11, 2021 Kyiv District Administrative Court partially satisfied the claim of OC Exxon Premier Shulyavskaya, recognizing the refusal order as unlawful and obliging officials to reconsider the application of this cooperative for the issuance of the MDO. However, on August 31, 2022, the Sixth Administrative Court of Appeal, based on the results of consideration of a complaint from the Department of Urban Planning and Architecture of the KSCA completely refused OK “Exxon Premier Shulyavskaya” in meeting his requirements. The cooperative did not agree with such a verdict of the servants of Themis and initiated further consideration of this case in the cassation instance, but, as we see, the potential developer was not successful.
Oleksandr Dyadyuk recalled that Exxon Premier Shulyavskaya’s intentions regarding the development of this land threatened the consequences of a man-made nature for the metropolitan subway – this was reported at the beginning of 2021 in the Kyiv Metro communal enterprise.
“These are the famously absurd plans to build a hyper-high and hyper-heavy monster right above the subway line at the Shulyavskaya metro station, which threatened the lives of everyone who would ride under this monster. Congratulations to all of us. The subway won’t collapse. At least here,” said Alexander Dyadyuk.
As KV previously reported, on Ave. Pobedy, 50-A, it was planned to build the BFC “50Avenue” – two “towers” 34 and 48 floors high (apparently, they were united by a stylobate). In this BFC, developers wanted to equip apartments (possibly apartments without the right to register), offices and shops. It was also assumed that underground parking would be equipped under the house, and a swimming pool on the roof.
The developers planned to build this object on a plot of 0.31 hectares – in fact, within the Glory to the Tankmen square, above the tunnel between the Shulyavskaya and Polytechnic Institute metro stations. Since 2004, this land has been owned by Rinko LLC, in 2010 Shulyavka LLC became its owner, and since 2018, this site has been used by Exxon Premier Shulyavskaya on the basis of a superficies agreement (contract for the right to develop land. – KV) ” . This land is officially intended for the construction, operation and maintenance of a retail and office complex with a fast food restaurant and landscaping and landscaping of the square.
Plans for the construction of this complex caused a great resonance in society. The fact is that the owner and user of the site do not have either a card in violation of the improvement from the KSCA, or the MUA for designing the construction of this facility. Moreover, in October 2021, the Ministry of Communities and Territories Development of Ukraine stated that developers were using a fake building permit dated December 30, 2010.
About intentions to interfere with the implementation of these works repeatedly reported city officials. However, the only thing they could do was to make a rather controversial decision on the purchase of a site on Prospekt Ave. by the hands of the Kyiv City Council. Victory, 50A. Even while preparing for its approval, some deputies pointed out that a more effective response to these works was to go to court with demands for the demolition of this construction site.
Recall, the position of Director of the Department of Urban Planning and Architecture of the KSCA since November 1, 2016 has been Alexander Svistunov. The activities of this department since April 2, 2021 are controlled by the Deputy Chairman of the Kyiv City State Administration on the implementation of self-governing powers Petr Olenich.
Ivan Kulik, translation Skeleton.Info
