Renovation Fund and its opponents disagree on the green area

Lyudmila Butuzova

Let us remind you that city defenders and residents from Shushenskaya Street accuse the Moscow Foundation for the Renovation of Residential Development of forging documents in order to seize a green area for the construction of a renovation house. 10 courts were held on claims of public figures against the structures of the Moscow government - for illegal, in their opinion, changing the type of permitted use of the territory and cutting down the park. The claims are not satisfied. The situation is tense to the limit, residents continue to insist on their own.

Novye Izvestia sent a request to Anatoly Konstantinov, General Director of the Moscow Foundation for the Renovation of Housing Development, with a request to clarify the controversial situation on Shushenskaya.

The answer came signed by the First Deputy General Director for Project Management and Resettlement V.S. Dvoretsky:

“As part of the development of the Program for the Renovation of the Housing Stock in the City of Moscow (hereinafter referred to as the Renovation Program), the purpose of which is to update the living environment and create favorable living conditions for citizens, public space, to prevent the growth of emergency housing stock in the city of Moscow, by the decree of the Moscow Government dated 26.09.2017 No. 708-PP approved the Address list of quarters (territories), within the boundaries of which existing or subject to formation land plots are located, intended for the design and construction of "starting" apartment buildings that provide "wave resettlement" of citizens in order to implement the Renovation Program (hereinafter - the address list "Launching" sites). Target area: Moscow, st. Shushenskaya, vld. 5 is included in the address list of "launching" sites.

In November 2019, public hearings were held on the project for planning the territory of microdistricts 2, 3 of the Losinoostrovsky district in order to implement the Renovation Program. The planning project for the territory of microdistricts 2, 3 of the Losinoostrovsky district was approved by the decree of the Moscow Government dated 18.08.2020 No. 1334-PP.

The Moscow City Property Department, on the basis of Articles 39.10, 56, 105 of the Land Code of the Russian Federation, Resolution of the Moscow Government dated 05.10.2017 No. 746-PP, approved the layout of the land plot on the cadastral plan of the territory.

In pursuance of the requirements of Art. 53 of the Urban Planning Code of the Russian Federation in accordance with the Decree of the Government of Moscow dated June 28, 2017 No. 396-PP "On the preparation and issuance of urban planning plans for land plots in the city of Moscow" in order to provide subjects of urban planning activities with information necessary for architectural and construction design, construction, reconstruction of facilities capital construction within the boundaries of the land plot, the Committee for Architecture and Urban Planning of the city of Moscow issued an urban planning plan for the land plot No. RU77151000-046042, which does not contain information on urban planning restrictions established for the built-up area.

The results of engineering surveys, as well as the developed project documentation in accordance with Art. 49 of the Urban Planning Code of the Russian Federation were considered by the State Autonomous Institution of the city of Moscow "Moscow State Expertise", a positive conclusion was received.

In accordance with Art. 51 of the Urban Planning Code of the Russian Federation, the Committee for State Construction Supervision of the city of Moscow issued a building permit.

Construction and installation work is currently underway.

The issues of the legality of construction, as well as the essence of permits were the subject of consideration of civil disputes in the Babushkinsky and Tverskoy District Courts of Moscow, the Moscow City Court, and were also considered in the course of checks on complaints sent to law enforcement agencies.

Based on the results of the consideration of these court cases and the inspections carried out, the legality of the construction and the groundlessness of the arguments of citizens challenging the urban planning documentation of the capital construction object were confirmed".

There is no doubt that from a legal point of view, a package of documents, starting from the inclusion of a territory with an address reference: Moscow, st. Shushenskaya, ow. 5, in the address list of "launching" sites and ending with the issuance of a building permit, is flawless and fully complies with the Moscow legislation on the renovation of the housing stock. Another question - and it is precisely this that worries city rights activists and Muscovites - is the striking contradiction of the laws on renovation with the laws of Moscow itself on the protection of green spaces.

In particular, according to Article 8 of Law No. 17, a green area, as well as squares, gardens, boulevards, parks, is subject to protection and is not subject to development that is not related to its functional purpose - recreation. For all the importance of renovation, "green priorities" for the environment are established by Federal Law No. 141 (on renovation). Article 1 of the Federal Law directly states:

"The land plot must be formed in accordance with the legislation of the Russian Federation", including the Land Code and the Federal Law of the Russian Federation No. 7 "On Environmental Protection".

The conflict between residents of Shushenskaya Street and the Renovation Fund arose precisely because environmental legislation was violated at all levels. Not agreeing with him and disregarding the rights and interests of Muscovites, the green area was cut down for the needs of renovation. Moreover, as stated, "the Committee for Architecture and Urban Planning of the city issued an urban plan for the land plot No. RU77151000-046042, which does not contain information on urban planning restrictions established in relation to the built-up area".

The defenders of the green massif passed ten courts, challenging this statement and insisting that some documents, in particular Google topographic maps, showed a rich green massif on Shushenskaya back in 2020, and the topoplans submitted to public hearings in 2019 contained information about rare vegetation. located on a vacant lot. "Abandoned" was interspersed with a wasteland and adapted for the launch pad. Further, according to the plaintiffs, it was a "matter of technology" - the "weeds" were promptly cut down and the construction of a renovation house began.

In the official response "NI" the Renovation Fund informs that the courts have confirmed the legality of the construction and the groundlessness of the arguments of citizens challenging the urban planning documentation.

About how the courts are protection of nature from renovation, Novye Izvestia wrote in detail in a previous publication. At the same time, the question was raised: what prevents the Fund from presenting real documents to the conflicting party, removing suspicions of the seizure of a green area and in the same courts confirming the legality of building renovated housing at this launch site? By the way, it was expected that along with the official response, the editorial office would receive a true topographic plan of the disputed territory. I didn’t get it. As he did not act in courts at the request of residents, and was not even asked by the judges - most likely at the urgent request of the defendants.

All this aggravates the situation and does not contribute to a peaceful settlement of the issue. The defenders of the already cut down massif are preparing new lawsuits in court and want to punish the entire chain of officials who, in their opinion, committed official forgeries and forgery of documents.

- I think, first of all, the documentation of the Land Improvement Passport near the house number 7 on Shushenskaya was concocted, - says Olga Kuzmina, a civic activist who represents the interests of the district residents in the courts. - Inventory scheme - "Planning solution, general plan of the territory on a scale of 1: 500 from 2004." (?!) is represented by an office called "ACS UDS JKHiB" (Automated joint dispatch service of the Department of Housing and Communal Services of Moscow).

Inventory scheme, i.e. The topoplane and the dendroplane, made by the "office" with a difficult to pronounce name, turned out to be 16 years overdue (from 2004), the trees on it were moved 3-10 meters, relative to their real position, lined up in a straight line mainly in the center of the site. So, on paper, vast glades were formed, not occupied by trees. Such a planting does not fall under the definition of a "green massif", it is rather avenue and group plantings, and the area of the plantation canopy has decreased to less than 60% of the occupied area of the site (and this is the main thing).

Somewhere the trees were replaced by shrubs. Further "Zhilischnik", incl. engineer Sherstyanikh V.N.,. and the Department of Natural Resources did not update the expired Inventory Scheme, defined the type of planting as "lawn with green spaces". And that means a wasteland. There were no objections from Mosgortrest, who carried out the geodetic survey and, according to PP # 501, who was responsible for the documentation of the Passport. In our opinion, Moskomarkhitektura and DGI as the user and owner of the site may be involved in complicity in this combination.

Then the Government started to develop the PPT of the renovation. Information from the inaccurate Passport got into the Register of Green Spaces of the DPiOOS, and then the Department transferred it to the Renovation Headquarters of the Moscow Government. Moskomarkhitektura ordered engineering surveys for the project of planning the territory and determining the construction sites to the same "non-objectionable" Mosgorgeotrest. As a result, the topographic plan and other survey documentation for the site turned out to be made in violation of the Federal Law of the Russian Federation "On Geodesy and Cartography" and the same fake, exactly repeating the topographic plan and the Inventory scheme of 2004, where the trees were moved away from each other or replaced by weeds, and the green array is not outlined, i.e. Not found.

We will continue to fight. Let the Moscow Government and the Renovation Fund present documents, and not refer to courts with authorities. And then they will return the money to the city treasury and demolish their illegal building, which is being erected right on the edge of the sidewalk. Let them return the stolen Green Massif to the same place, by the way, this is provided for by one of our claims".

Novye Izvestia presented two points view of what is happening with the renovation in Losinka. We continue to follow the development of events.