The Supreme Court has ruled in favour of the developer planning to build the ‘H₂O’ residential complex in Kyiv’s ‘Osokorky Ecopark’. Although the highest court has dismissed the appeal lodged by opponents of the development, activists are prepared to take the case to court again, putting forward arguments that were not properly considered.
This was reported by the media outlet “Suspilne”.
The developer is confident that everything is lawful
According to Stolitsa Group, the Supreme Court’s ruling confirms the legality of the residential complex’s construction, as well as the validity of all permits.
The company also referred to previous court rulings. These confirmed the legality of a number of documents and procedures – from the lease of the plot to the town planning conditions.
The activists’ position
The NGO ‘Ecopark Osokorky’, which is trying to protect the green belt on the left bank from development, does not regard the court’s ruling as a defeat and is preparing a new lawsuit. They are convinced that not all arguments against the development were properly presented to the court. These include:
the carrying out of construction works within the lake's shoreline protection zone;
- insufficient study of the land’s zoning designation in the city’s master plan;
The head of the NGO, Oleksandr Pylypenko, explained to "Suspilne" that the unsuccessful outcome in court could have been influenced by a change in the legal team and the absence of a land-technical expert review.
The value of the ecopark
The natural territory of "Ecopark Osokorky" is a vast green area on Kyiv’s left bank that has remained relatively untouched. In addition to its recreational value, it is also home to several plant and animal species listed in the Red Book of Ukraine.
Part of this territory is already protected due to the creation of two landscape parks – “Lake Tyagle” (137 ha) and “Osokorky Meadows” (148 ha).
Source: “Ecopark Osokorky”/Suspilne
The fight for protection
Eco-activists and local residents advocated for the creation of a large recreational zone back in 2015. This later led to the launch of the “Ecopark Osokorky” initiative.
The legal battle began in 2018, when activists started challenging the construction permits. Previously, they had opposed the construction of the “Patriotika on the Lakes” residential complex. After the bankruptcy of Arkada Bank, that project was replaced by the “H2O” residential complex, which Stolitsa Group aims to complete.
Source: “H2O”/Suspilne
It should be noted that in Kyiv, residents and activists are also opposing the development of Protasiv Yar. The developer is currently appealing the creation of a landscape reserve there, but the Supreme Court ruled in favor of activists regarding the 16.5 ha of the future nature conservation site.
