The Supreme court has supported inhabitants of the Moscow region in a dispute with the developer

The old house

The Supreme court (SC) has banned the land development of the inhabitants of the suburban Mytischi, reversing the decision of the Moscow regional court. This is stated in the determination of the appeal, published on the website of the armed forces. The court found that the rules of land use and development Mytishchi had been adopted with the violation. From the area of possible development excluded land moose island.

The lawsuit was filed by residents of neighborhoods located between the MKAD, Yaroslavl highway and the railway. They built private, low-rise houses and cottages. In 2013 was concluded a contract about the development of an area of 176 ha with 52 resettlement of dilapidated houses. The investor of the project “Big Mytishchi” is “Leader Group” company is ready to invest 35 billion rubles to build 500 thousand square meters of real estate and 17 thousand cars. The project caused protests by local residents who feared that the district’s population will increase to 25 thousand people, and Mytischi will turn into a “human anthill”. In this context, they began collecting signatures for a petition to President Vladimir Putin for the resignation of the Governor of Moscow region Andrei Vorobyov.

PHC violations

In 2015, several dozen residents have filed a lawsuit demanding to invalidate the rules of land use and development (PHC) in Mytishchi. The Council of deputies adopted amendments to the land use and development rules in 2014, allowing the construction of buildings up to 17 floors. The plaintiffs demanded to ban the construction of their parts of the buildings nine floors, and to eliminate from areas of common use area of the Park “elk island”. Moscow regional court has satisfied the latter requirement, however, refused to restrict the development of residential neighborhoods. An appeal was filed and the residents and the authorities of the Moscow region. The Supreme court held that the PHC had been adopted with violations and banned high-rise, commercial, public and business construction on the lands of the plaintiffs. The decision of the Moscow regional court on Moose island remained in force.

Project Manager “the Leader of Groups” Oleg Snagovsky said land of the plaintiffs and the buffer zone for elk island is a small part of the territory of planned development on the rest PHC remain in effect, so the Supreme court decision “makes little difference”. “In the resettlement of dilapidated Fund, we, first, formalize the right to free municipal land, and, secondly, to buy land from residents who wish to voluntarily and at an acceptable cost them to sell their land,” said Sniegowski. To violate environmental regulations in the case of Elk island was never intended to underline in the company.

New lawsuits

The Chairman of territorial public self-government “Eastern Barley” Viktor Karachun said in a conversation with that based on the decision of the Supreme court, residents will submit claims about cancellation of plan of building Mytisci. “The plots were included in the draft plan as land for individual houses, but as the territory on which is planned construction of facilities: kindergartens, apartment buildings and so on. Now lawyers are preparing lawsuits over the cancellation of the project plan,” says Karachun. According to him, in 2017 it is planned to adopt a new General plan of Irkutsk, which now have the status of urban districts, “the inhabitants would defend the right to live in a low-rise and individual houses.”

The press service of the Main Department of architecture and urban planning of Moscow region did not respond to a request .

The head of the regional branch of all-Russian society of protection of monuments of history and culture (voopik) Eugene Neighbors believes that the decision of the SC in Mytischi is an important precedent. “Throughout the region, activists enthusiastically embraced it and realize that they have the opportunity to challenge a similar situation,” said Neighbors.

According to him, in recent years the suburbs have become “a zone of resistance development”. Main conflicts — the project “Mortongrad” Rublevsky in the area of water supply, construction of 35-storey buildings in Krasnogorsk construction of the Park in Opalikha, the project to build 6 million sq. m. the floodplain of the Moscow river in the Leninsky district, the building next to Pirogov’s reservoir. The main method of struggle remain lawsuits.