1. The subject of the dispute is the appeal by MB Innovation LLC against the urban planning conditions and restrictions established by the Department of Urban Planning and Architecture of the executive body of the Kyiv City Council.
2. The Supreme Court overturned the decisions of the courts of previous instances, noting that the courts incorrectly applied the norms of substantive law. The Court indicated that the height restriction of buildings to 27 meters corresponds to the General Plan of the city of Kyiv, which is mandatory for execution. Also, the Supreme Court noted that the courts of previous instances mistakenly believed that the absence of approved boundaries of the historical area of the city of Kyiv makes it impossible to apply restrictions related to the protection of cultural heritage. The Court departed from the previous conclusion regarding the application of legal norms, set forth in the постанові [resolution] of the Supreme Court dated February 27, 2019, in case No. 826/5755/17. The Court also took into account that the amendments to the urban planning conditions and restrictions were made on the basis of the application of MB Innovation LLC and in accordance with urban planning documentation.
3. The court of cassation instance rendered a new decision to dismiss the claim of MB Innovation LLC.
