FAS: KHIMKI TOWN AUTHORITY UNLAWFULLY BLOCKED AN AUTHORIZED CONSTRUCTION OF A RESIDENTIAL APARTMENT BLOCK WITH UNDERGROUND PARKING
A construction permit grants the developer the right to build a capital construction facility in accord with the design documentation
Earlier FAS considered a complaint of “ZhSK Skhodnya-15” Consumer Cooperative about actions undertaken by Khimki Town Authority, the Moscow Region that refused to issue a cutting permit to the Cooperative – a vegetation clearance permit. In the opinion of Khimki Authority, vegetation clearance was not necessary. However, they failed to clarify which planted vegetation it concerned exactly.
At the same time, draft documentation and the findings of engineering surveys of “ZhSK Skhodnya-15” Consumer Cooperative received a positive opinion of private expert review panel. The Cooperative also obtained a permit to build a residential apartment block with underground parking; however, the claimant could not begin construction without a vegetation clearance permit.
Head of FAS Department for Control and Natural Resources, Oleg Korneev pointed out: A construction permit grants a developer the right to build a capital construction facility in accord with the design documentation, devised in accord with the development plan for a land plot, approved by a local self-government body in line with the area planning documentation, which is also approved by the local self-government body”.
Therefore, Khimki Town Authority had no right to block authorized construction, refusing to issue a cutting permit to the Cooperative.
“FAS found the complaint of “ZhSK Skhodnya-15” Consumer Cooperative justified, and gave an order to the Khimki Town Authority to withdraw the refusal and reconsider the Cooperative’s application no later than 9th April 2020, taking into account the FAS position”, informed Deputy Head of FAS Department for Control and Natural Resources, David Akopyan.