Igor Rothenberg stuck in the courts

The Sverdlovsk Regional Court is considering the lawsuit of businessman's structures against the administration of the city of Asbest, in which Rotenberg has not been able to build an environmentally dangerous production of antimony trioxide for four years already.
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In the court of the Sverdlovsk region, a preliminary hearing began on the lawsuit filed by OOO Gross (owned by the National Antimony Company, co-owned by Igor Rotenberg - note by Znak.com) on the suit against the Asbest administration for changing the rules of land use and urban development. The reason for the claim was the norms actually blocking the creation of a plant for the production of antimony trioxide worth more than 900 million rubles, which is a priority project at the federal level. As Znak.com told Natalia Krylova, deputy of the local Duma, during the trial, the court replaced the administrative defendant. Now instead of the mayor's office to sue "NSC" is the city's Duma Asbest, which adopted the impugned company standards.

As the lawyer of Gross LLC explained in court, the main complaint of the company is that the site belonging to her in the territory of the former Asbestos Metalworking Plant was assigned to zone P-2, which provides for a restriction on the location of the enterprise above the 4th class of danger. This, she said, contradicts the actual use of the site where NSC plans to build a plant for the processing of antimony concentrate.

"We will appeal the clause of the rules, which restricts the issuance of permits for construction and reconstruction in the territorial zone of P-2. This restriction violates our rights, "- she commented.

According to the lawyer, although technically the rules allow the company to place production of the third class of danger there, it is impossible to reconstruct and build it there.

"That is, they allowed one point, others were banned. This contradicts the actual use of the site, there is already a tenant of the third class of danger, there are plans to build production of the same class. But we can not reconstruct it, because the city administration and the Duma decided that, say, a baby food factory should be located there. There it is possible to place production of the third class of danger, but they can not be reconstructed and built, which makes further investment impossible, "the representative of the Rothenberg company concluded, adding that such a position contradicts the general layout of the city.

In the "Gross" stressed that in this case the site is located in the dump zone of "Uralasbest", which repeatedly blocks its sanitary-protective zone.

In addition, the plaintiff had questions to the procedure of public hearings: according to her, information about public hearings and land use and development rules were placed not in the official printed edition of the city "Asbestovsky Rabochiy", but in the newspaper "Municipal Bulletin". "It is issued in a limited number of copies of the order of a thousand copies to actually a hundred thousandth city. It is impossible to get acquainted with them. Acts on the site of the administration and the Duma are published with a significant delay. We as the owner of the site did not know about the hearing. When they found out, they sent an appeal to the prosecutor's office that we are against changing the zoning. But the prosecutor's office did not react, "the lawyer added.

The representative of the authorities of Asbest told that the argument about improper information about the adoption of new rules of land use and development, he rejects, because the draft rules were published on the sites and in the city newspaper. "In accordance with the general plan of the Asbestovsky urban district, the existing sanitary zone of the former Asbestos plant of metal structures was supposed to be preserved. The master plan envisages the preservation of existing enterprises, and not the construction of new ones, so the administration could change the zone, "he explained. According to him, proceeding from the logic of the administration and the general plan, it is necessary to keep the existing enterprises on the site, and in the reconstruction - to reduce the parameters of its environmental hazard to the fourth hazard class.

The deputy of the Asbest Duma Natalia Krylova, who came to the meeting as a listener, in an interview with Znak.com explained that procedural public discussion of the rules took place in accordance with the procedure established by the municipality. "In the" Asbestian Worker "rules were not published, but" Municipal Bulletin "- this is the official annex to the" Worker ", according to the city charter and the rules of the Duma. And all the regulatory and legal acts are published in the Municipal Bulletin, "she commented.

Since technically the rules of land use and development were approved not by the administration, but by the City Duma, the court proposed to change the administrative respondent and call to account a representative authority. Due to the fact that there were no official representatives of the procedural defendant in the hall, it was decided to postpone the preliminary meeting on January 23, 2018. The process will continue from 11 am.

Recall, the idea to build a production of antimony trioxide in the Sverdlovsk region by the National Antimony Company has lobbied for the past four years and all this time it encounters opposition from urban activists. Initially, the production was planned to be located in Degtyarsk, but after three years of protests from local residents and difficulties with obtaining construction permits, the site was decided to be replaced. As a new territory, asbestos land was chosen, after which industrial purpose and the necessary third class of danger were already assigned. It was bought out by Gross company.

Discussion of the new territory has been going on since the beginning of 2017 and spawned a protest movement already in Asbest: deputies of the city Duma Natalia Krylova and Yevgeny Shabanov held protest meetings and tried to raise the issue of banning the construction of the plant at a local referendum, which their colleagues regularly refused on the advice of deputies. Nevertheless, in June, the majority of deputies who were considered to be controlled by the city-forming "Uralasbest" voted to change the rules of land use and urban development, effectively blocking further work on the construction of the antimony plant. At the regional level and at the Federation level, the project is considered a priority. The project of the plant of the plant was included in the application for the creation of a territory for advanced development (TOR) based on Asbestos; in order to rid the city of industrial mono-dependence. However, while the issue of setting up the plant is in limbo.