RBC investigation: how permissions for construction projects in Moscow parks are obtained

The developer from the mayor's office, an independent expert, self-liquidating after the expert review, the approval of the construction without public hearings: that is the scheme to construct buildings in Moscow, which shouldn't be there.   
Origin source
Developers still get the approval of the city authorities on the projects for the construction of residential complexes in places like this do nel zya, such as adjacent to the quarters in green zones. And this despite the fact that the point construction was banned in Moscow in mid-2007. Who and how to obtain such permission on the example site in a picturesque street, which has become an arena of confrontation between local residents, the municipality and the developer - in the investigation of RBC.

Picturesque violation

Picturesque Street in the north-west of Moscow, on the whole true to its name: it is a quiet and green location on the banks of the Moscow River, built seven-story brick typical "Stalin" of the 1950s - early 1960s. Near the red arch Picturesque bridge - one of the few capital's new building, replicated on postcards and brochures.

Residents Painterly were a few months ago are confident that they will not threaten any large-scale construction projects, at least on the odd, adjacent to the park and the river side of the street - a pine grove along the beach is a part of "Moscow River" Park and has the status of a specially protected natural territory ( PA), where you can not build at all.

Located here stadionchik "October" by 3 thousand. Audience belongs to the football club CSKA. About ten years ago the owner of CSKA Evgeny Giner considered "October" as a fallback for the construction of 30-thousand army club arena, but in the end the stadium was built in the Khodynka field, and the "October" train young students of the Academy of CSKA.

By "October" adjoins an area of ​​0.8 hectares, which is around now and go battle. In the 1990s, he treated the stadium: it housed utility rooms - garages, workshops, warehouses. In the mid-1990s, all these buildings from the owner - the union of nuclear energy and industry employees - bought a large capital developer, the company "Capital Group", has concluded with the Moscow government land lease agreement with the permitted use "for the operation of non-residential buildings."

Of course, the developer had more ambitious plans: in the first half of the 2000s, "Capital Group" raised the issue of high-rise apartment building here at home, but has received from the mayor's office refused. The ground served a number of factors, including the location of the site - within a pine forest on the border of protected areas of natural and historical park "Moskvoretsky" lack of access of public roads, being in the borders of the water protection zone of the Moscow River.

In this sense, nothing has changed and now says executive editor and author of the Red Book of Moscow, Galina Morozova. However, land is already out construction equipment - on the picturesque in the next three and a half years to build residential high-rise buildings.

Who managed to do something that did not happen then, "Capital Group"?

Construction of a parking space

On the last day of the calendar spring 2016 LLC "Builder" (part of the development group "Kortros" Viktor Vekselberg) has received permission of the city authorities to build on the adjacent to the stadium area of ​​three 22-storey buildings of a residential complex of business class of 426 apartments with a total area of ​​32, 24 thousand sq. m. m.

In the builder on hand all the necessary package of permits, including the necessary independent expertise. Realtors have begun to sell apartments in the complex, called "Serebryany Bor".

As it follows from a set of permits, which examined RBC, coordination of the project took place swiftly: to obtain all necessary visas from the developer took a little more than three months - incredible speed for a project of this magnitude.

This was preceded by another important event. Last summer, in July, "Capital Group" received a Moscomarchitecture coveted document - the development plan of the land plot (GPZU) on the picturesque, 21, where a new type of permitted use of the area has been specified - "accommodation facilities of residential and non-residential premises, engineering equipment of apartment houses ". The maximum height is set at 75 m.

Less than two weeks later the rights and obligations under the lease agreement with the obtained resolution passed to another developer - LLC "Builder".

The new tenant site acted quickly. In February 2016, he signed a supplementary agreement with the city government to lease, change of purpose of providing land for construction (reconstruction) of capital construction. A month later, in March, the tenant has received a positive opinion of an independent examination of the absence of irregularities in the preparations for the construction. In May 2016 the last three licensing papers were obtained: a certificate of approval of architectural and urban planning solutions, the positive conclusion of Department of Natural Resources and Environmental Protection of the City of Moscow on the dendrological part of the project, and finally a building permit.

Opponents of the construction on the scenic believe that the rapid approval of all documentation related to the fact that the head of the "parent" company "Builder" - the company "Elitkompleks" - Igor Kuznetsov came into this structure of the Moscow City Hall. Kuznetsov in 2011 headed the Directorate of garage construction of Moscow (responsible for the implementation of the program "People's Garage"), then led the MAS "The administrator of the Moscow parking space" (engaged in paid parking areas in the capital).

According to the chief adviser apparatus judges of the Constitutional Court of the Russian Federation, Law Faculty lecturer School of Economics Pavel Blokhin, the big question is the procedure for obtaining a tenant of land for construction. Lawyer notes that in such cases, the city must hold an auction. According to him, the rule in the Russian legislation has been specially established for the development of competition and the efficient management of state property. "Yes, the owners of the objects at a particular location can get land on lease without the competition - said the expert. - But only if their goal - providing the possibility of operating such facilities. At the same picturesque old buildings were torn down immediately after the builder permits for construction of house. "

"Obtaining permission developer I can only explain relationships Igor V. urban complexes in the city", - said one of the interlocutors RBC from among a group of activists against the construction of the LCD on the beautiful, who asked not to be named.

Press-service of "Kortrosa" left unanswered RBC's request to receive a personal comment this version of Igor Kuznetsov.

Moscow City Duma deputy Andrei Klychkov believes that in Moscow, in principle, there is no "casual investors." According to him, there is a steady pool of construction companies, which in the short term may be eligible for the construction of almost any object in the capital. "Kortros" refers GK them.

Kuznetsov headed the company "Elitkompleks" (according to the extract from the register, it belongs RSG International Ltd, Cyprus) directs another scandalous capital construction project. High-rise hotel in the district Teply Stan should appear on the site of the park, "SPRING", in which the improvement in the last year of the 70th anniversary of Victory in the Great Patriotic War the city has invested 40 million rubles. The park is already fenced, and construction went into it. Near the construction site in the spring of 2016 held rallies locals, who at times degenerated into a scuffle with the police and security guards of the object. The last action took place on December 12 - the opponents of the construction of 15 minutes blocked traffic on Profsoyuznaya Street.

"According to residents, the construction started without a public hearing. Citizens pay attention to the fact that under the guise of construction of the hotel there is the construction of elite residential complex, which is in the open according to the website builder GC "Kortros", - told RBC interlocutor at the Council on Human Rights under the President of the Russian Federation.

Realtors do sell a house in the "hotel". Officially, this place is called "aparthotel" Konkovo ​​". We offer for sale one and two bedroom apartments.

How earn developer "Serebryany Bor"

The brochures highlight the benefits of sellers on the picturesque grounds, 21. "The project is located just 150 meters from the picturesque shore of the Moscow River, surrounded by century-old pine trees. Unusual architectural solution dictated by the natural characteristics of the place, "- emphasizes the realtor on the website of" Metrium Group ".

Estimated cost of construction of the LCD - 4.26 billion rubles. The current average price for a "square" - 208.22 thousand rubles.. If the developer will be able to sell all the apartments in the complex at current prices (as they become available at home will grow), revenue of 6.713 billion rubles, profit - 2.5 billion rubles. And that's not counting the 1605 sq. m of commercial real estate.

The proximity to the park area, and although not a determining factor in choosing housing, but it increases the attractiveness of the object and its value, confirmed RBC experts from real estate companies. According to the director of the agency's exclusive property "Manor" Hope Khazova, in Moscow there are a number of "expensive parks", which includes the territory of the protected area "Moskvoretsky", where in the absence of the roadway between the house and the park cost per square meter in the new building can add up to 20% compared with an equivalent object without the green zone nearby.

Examination of the Amur

The representative of the "Kortros", which includes the developer scenic, Irina Opimakh RBC assured that the company has received all the necessary approvals, which have been repeatedly checked the relevant authorities at the request of residents. According to her, the Muscovites fear that the sites "Moskvoretsky" park adjacent to the building will be its local area, are groundless.

We have expert comments and the work of designers. In particular, they argue that the location of the section physically does not allow to build the necessary infrastructure (roads and infrastructure) to bypass the exclusion of land from the protected area status. With this agreement, Advisor to the Head of the Centre traffic management (TSODD) Moscow Andrei Muhortikov. "The main thing that must be solved in the first place: as the cars will leave the yard - or through the park, or through the stadium - said the expert. - The other is not given, because the roadway for going to build will still have. " This Muhortikov sure that the appearance of the scenic several hundred cars of tenants of the new complex to the traffic jams in the area will not. "The movement is relatively free", - he said.

However, all this did not reveal any independent examination of project documentation, without which the developer could not obtain a building permit. It is in March 2016 conducted metropolitan LLC "Judicial examination and investigation." Theoretically, it could be challenged in court. However, according to data from SPARK, the company in October, experts began the process of reorganization by joining to another legal entity - LLC "Boyd", registered in Komsomolsk-on-Amur, in an apartment on the outskirts.

The SPARK provides information about what the founder of "Boyd" Eugene rocking in the period from March 2016 registered at the same address 49 different company, to each of which is then joined by companies working in Moscow, St. Petersburg and Novosibirsk. Two of the reorganized companies have already started the process of liquidation; perhaps a similar fate awaits "Judicial examination and investigation."

"The procedure with the reorganization allows to shift the responsibility for the results of the examination on the new entity and its management as well as the responsibilities of the client proceeds to the last in succession, - explained RBC's lawyer Oleg Sukhov. - With the liquidation of legal entities cease all its obligations. "

The representative of "Forensic Expertise and research" at the number listed on the company's website, confirmed the fact of the RBC examination of project documentation for the scenic, 21, noting that "no deviation from the laws in the project have not seen." The fact that the reorganization of the company also confirmed, however, to explain its cause could not.

As for the body of responsibility, issued the permit to build a house on a picturesque, 21 - Mosgosstrojnadzora, its function is only to check the developer you have all the necessary documents, but not their validity and legality.

This Mosgosstroynadzor said in response to the appeal of the State Duma deputy Gennady Onishchenko. The former head of Rospotrebnadzor interested in the construction site on the beautiful is not accidental - it is live present voters. According to Onishchenko, he twice in the last month went to the place of future construction, wrote requests to supervisors. "Got a vague, I would even say, poluoskorblyayuschy response - said RBC deputy. - Some behave in the best traditions of the 1990s. Apparently, based on the fact that all is permitted. " Onishchenko promised that he would defend the interests of the voters' right to a court ".

Question federal level

Lawyer Pavel Blokhin, on request RBC studied all project documentation construction of the scenic, 21, came to the conclusion that a change in the permitted use of the land state property department made automatically according to the parameters contained in the urban development plan of the land plot. In turn, said it type of permitted use of the area is predetermined decision of urban planning and land commission in Moscow. Her decision independently and not based on the documents of spatial planning and zoning.

Guide Moscomarchitecture argues that the possibility of the construction of a residential house here and the permissible altitude of 75 meters installed SLC based on the received in May 2010, the General Plan of Moscow, and therefore do not contradict the legislation.

I do not agree with the executive editor of the Red Book of Moscow, Galina Morozova. According to her, in the General Plan states that the purpose of the site at picturesque, possession of 21, "refers to a functional area №59" specialized sports and recreational public spaces "with altitude up to 15 meters and has an index of planned functionality №100" public area business".

"You can be sure that if the draft General Plan of Moscow now works provided for the deployment of high-rise residential complex located in a pine forest on a plot of scenic, ow. 21, a resident of Khoroshevo-Mnevniki and Shchukino definitely be protested at a public hearing in August 2009, "- she said.

The hearing before issuing a permit for construction of a residential complex is not conducted. "This site is located outside the boundaries of residential areas, therefore, in accordance with Article 44 of the Town Planning Code of the City of Moscow public hearings on the project of urban plan is not carried out", - explained in the official reply from the mayor's office to request RBC.

However, a hearing may still take place, according to RBC Group Head of Public Monitoring for Environment and Forest Protection regional headquarters ONF in the Moscow region, Anton Khlynov. According to him, the opposition around the project on the beautiful is not just a local conflict.

"From the standpoint of the spatial development of a political and federal level - sure Khlynov. - This is the case when if you can not, but really want, you can. We see the case with urban policy is absolutely unacceptable, when there is no holistic vision of development of the city, and the decision is made in favor of a particular developer. This ignores the opinion of citizens, because the legislation allows for formal reasons not to hold a public hearing. "

According Khlynova, this situation was discussed in the ONF at a roundtable at which the results of a representative of the developer promised that he will submit the documents to state environmental review of the project. "In addition, in January, still have to go through public hearings," - said the representative of ONF.

In anticipation of new conflicts

In the Human Rights Council under the President of Russia (HRC), RBC reported that Muscovites comes from a huge number of complaints about the allocation of plots for construction of a questionable, from the point of view of the inhabitants of the capital grounds.

HRC sent to the Moscow city government and the prosecutor's office recommendations for a moratorium on the execution of decisions of urban planning and land commission; Council recommends to check their validity, and the commission itself - be abolished. The HROs consider that it not accountable to the public, its activities are closed and opaque. Protocols are not published in the public domain are not available. At the same time they are based all subsequent urban planning decisions and documents.

Answer from the mayor's office and prosecutor's office of the HRC has not yet been received.

According to the findings of the HRC in the Ministry of Construction in Russia, one of the main causes of conflict between developers and local residents is the lack of Moscow approved Land Use and Development Rules (PHC). It "creates the preconditions for the implementation of urban development activities" at the discretion of the authorities "and without taking into account the views of the population," the letter says Ministry of Construction.

Land use and development - zoning document that defines what, where and when will be built. As reported in the RBC Moscomarchitecture, draft regulations have been prepared and 22 December will be submitted for public hearings. They will be held in each administrative district of the city. The hearing and the subsequent adoption of the rules of the city government will be "OK" for the new construction in the area.

"The idea of ​​land use and development rules must comply with the General Plan, but representatives of city construction has already indicated that on average 17% of the territory of Moscow is waiting for changes in the functional purpose, - told RBC member of the Public Environmental Council of Moscow Alina Engalycheva. - And, unfortunately, these changes are not for the benefit of residents. In recent years, there have been cases when the background disturbances residents about illegal construction projects suspended them. People calmed down, although the resolution is not invalidated. Now, all these settings in the project have PHC. So, I think, in the future, in the city of high-profile conflicts in construction will continue. "

Conflicts in connection with the building of recreation zones in Moscow

Buildings land Timiryazev Agricultural Academy

When it arose in March 2016

Because of what has arisen: the Moscow government transferred 100 hectares of land Timiryazev Agricultural Academy, along the larch alleys and streets of the Academic Bolshoi, the RHD Foundation for residential development in connection "with the inefficiencies of their use."

Current Status April 14 during a straight line with the population on the fate of experimental fields Academy Vladimir Putin said that all land will remain at the university.

The residential complex near the park "Dubki"

When it arose in March 2016

Because of what has arisen: the construction of 22-storey building with underground parking on-site kindergarten, which is a sample of architecture of the early XX century, near the park "Dubki" in Timiryazev district of Moscow.

Current Status: construction started, entering the residential complex is planned for the fourth quarter of 2018; It has launched an initiative group to collect signatures on a petition demanding to stop the construction.

The soccer field in the park "Friendship"

When it emerged in August 2015

Because of what has arisen: the construction of two football fields and playgrounds with a total area of ​​4.59 hectares in the park "Friendship" in the metro area "River Station". Park is an object of cultural heritage of regional significance.

Current status: check the Department of Cultural Heritage of Moscow revealed that the construction work was carried out with a deviation from the project documentation, but the work continued; commissioning of the object was scheduled for October 2016.

The temple in the park in the 1st Krasnikursantsky Travel

When it arose in October 2016

Because of what has arisen: Rosgvardii initiative to coordinate the construction of the temple in an area of ​​900 square meters. m in the park in the 1st Krasnikursantsky Travel. Square is located in the protection zone of the monument of architecture of federal significance "Catherine Palace".

Current Status: The project is being coordinated.

Construction of the temple on a boat outside

When it originated in April 2016

Because of what has arisen: plans for the construction of the temple complex and a stadium with a change in the boundaries of the park along the Khimki Reservoir on the street Lodochnaya

Current Status: protests continue, cutting of trees began.

Monument to Prince Vladimir on the Sparrow Hills

When it arose in summer 2015

Because of what has arisen: the installation plans for the 24-meter monument near the viewing platform on Sparrow Hills

Current Status: The decision on the placement of the monument was put to a vote in the annex "Active Citizen", after which the monument was placed on the Borovitskaya area.

The temple in the park "Torfyanka"

When arose: in April 2013,

Because of what has arisen: plans to build a temple in "Torfyanka" LOSINOOSTROVSKY park area in the framework of "200 temples"

Current Status: construction of the temple was moved to the street. Anadyr fare.

The temple in the park at the Green Avenue

When it emerged: in 2012

Because of what has arisen: plans to build a temple on the territory of natural complex number 72 HLW

Current Status: construction not started; continuing protests residents. Activists agree to transfer construction in the historic place of the temple location, the street Lazo.

The temple in the forest park between Kronstadt Boulevard and Golovinsky big pond.

When emerged: the end of 2011

Because of what has arisen: plans to build a temple in the forest park between Kronstadt Boulevard and Golovinsky big pond in the framework of the program "200 churches". The territory of the park belongs to the zone controlled building

Current status: the end of 2015 the project on the second ballot was agreed, built a temporary wooden chapel.