1. This case concerned the challenge by a developer of certain provisions of urban planning conditions and restrictions issued by the Department of Urban Planning and Architecture, specifically regarding the maximum height of the future building and requirements related to the protection of cultural heritage.
2. The Supreme Court, reviewing the decisions of the courts of previous instances that had satisfied the developer’s claim, reached somewhat different conclusions. Regarding the height restriction of 27 meters, the Court stated that this restriction is lawful, as the land plot is located within the Central Planning Zone of Kyiv, defined by the current General Plan of the city, and the provisions of the General Plan are mandatory. Concerning the requirements for cultural heritage protection, the Court referred to a new legal position of the Supreme Court, set out by the judicial chamber, according to which the boundaries of historical areas defined in the General Plan are considered approved, even if the scientific and design documentation was not approved under a later procedure. However, in this specific case, the Court took into account the fact established by the courts of previous instances (with which the Department itself agreed) that the disputed land plot *is not located* within the historical area, and therefore, the requirements for cultural heritage protection for this object are unfounded precisely for this reason.
3. Thus, the Supreme Court overturned the decisions of the courts of previous instances in the part concerning the recognition of the height restriction as unlawful (dismissing the claim regarding this point) and changed the grounds for satisfying the claim regarding the requirements related to cultural heritage protection, confirming that the plot is located outside the boundaries of the historical area.
