Here is the translation:
1. Subject of Dispute: Challenging the decision of the Department of Urban Planning and Architecture regarding refusal to provide urban planning conditions and restrictions for the reconstruction of non-residential buildings on a land plot.
2. Key Court Arguments:
– The land plot’s intended purpose (12.11 – for road service facilities placement) does not match the functional purpose of the territory according to the General Plan (streets and roads territory)
– Change of functional purpose of the territory does not automatically mean a change in the land plot’s intended purpose
– The respondent did not provide convincing evidence of construction impossibility
– The refusal decision is unjustified and unlawful
3. Court Decision: Satisfied the claim of LLC “Etalon-2021”, canceled the appellate court resolution and upheld the first instance court decision recognizing the Department’s decision as unlawful.
