You cannot build dachas on Cape Khersones — these are lands of defense and security

This became known from the decision of the Sevastopol City Court, published on the website of the Sevastopol government on April 4. True, the decision was made on September 6, 2023. Then the court was considering an administrative case on the claim of Nadezhda Astafieva against the Ministry of Defense and city authorities: the city government, the department of architecture, the legislative assembly, the commission for the preparation of land use and development rules, Sevnasledie, DIZO, Sevreestr and others.

The woman tried to declare the Rules of Land Use and Development of Urban Areas (LZZ), approved on September 29, 2022 by the government of Sevastopol, invalid in relation to her land plot with cadastral number 91:04:004001:760 on Epronovskaya Street, 11/2, where she was going to build a country house . The plaintiff insisted that her civil rights were violated due to the new Land Use Rules, in which her land plot for individual summer cottage construction became a territory with a permitted use of “defense and security.”

According to the court decision, this land plot has belonged to N. Astafieva under the purchase and sale agreement since September 2020, and its first owner received ownership back in 2008 by decision of the Sevastopol City Council.

During public discussions of the Land Use Rules (2022), N. Astafieva expressed comments and disagreement regarding changes in the category of land and the type of permitted use regarding her site. During the trial, it turned out that the land under military camp No. 467, which was once located there and where the Dnepr radar station was located, was transferred to the ownership of the Russian Ministry of Defense during the division of the fleet. To date, the land plot of the military camp has not been formed and has not been registered in the cadastral register due to the existing overlays of land plots of third parties, on which there are legal disputes and no decisions have been made. But this area belongs to defense and security lands.

When N. Astafieva bought land on Epronovskaya Street, the general plan of 2005 was in effect (it is still in effect) and the site was in the zone of special territories, which excludes the location of dachas or gardening on it. Neither a garden nor an individual residential house can be built there. In addition, this site is located in specially protected natural areas, which also excludes the construction of permanent structures.

So everything is according to the law: Land use rules cannot be declared invalid due to the lack of legal grounds for this. N. Astafieva’s claims were rejected.

Precedent

At Cape Khersones, both Ukrainian and Russian city authorities were actively distributing land plots for individual housing construction and dachas. On the public cadastral map of Russia you can see that next to the former Dnepr radar station on the streets of Military Stroiteley and Epronovskaya, individual plots have been allocated right on the steep bank. A logical question arises: will the court’s decision on N. Astafieva’s claim affect only her land, or will the Land Use and Land Management Rules adopted in 2022 affect numerous owners, on whose plots the owners should not build anything? Will what has already been built be demolished?

Another important nuance: this territory is included in the protection zones of cultural heritage sites and specially protected natural areas. When land plots were distributed in this place, it was known that they were located in a water protection zone. And although a special regime for economic activity was established in such a zone, no law prohibited construction at that time. The only limitation: all risks associated with construction fall on the shoulders of the owner.

The land has already been returned to the military

At the initiative of the Department of Architecture and Urban Planning of Sevastopol, public hearings were held in 2019 on the issue of changing the type of permitted use of a land plot of three hectares on the seashore in Kazachya. The site for “placing holiday homes, boarding houses, camping” was to become land for “ensuring defense and security.”

The basis for holding public hearings then was the decision of the Arbitration Court of Sevastopol, rendered on the claim of the Ministry of Defense of the Russian Federation against Akvatika-Invest LLC. on recognition of the ownership rights of the Russian Federation to the land plot located at the address: Epronovskaya St., 4.

This story also began in Ukrainian times; in October 2006, the Sevastopol City Council announced a competition to determine the tenant of a land plot in the area of ​​​​Cape Khersones for the construction of a boarding house, the winner of which was Akvatika-Invest LLC. In 2011, the LLC already acquired ownership of the land.

In bringing the claim, the Ministry of Defense of the Russian Federation referred to the fact that the supporting land plot was transferred by the City Council to Akvatika illegally, “with an abuse of power by this authority,” since from 1997 to March 17, 2014, the land plot occupied by military camp No. 467 in accordance with According to the agreement between the Russian Federation and Ukraine on the parameters of the division of the Black Sea Fleet, being the property of Ukraine, it was leased from the Russian Federation. Thus, the City Council did not have the authority to dispose of state-owned lands (and not municipal property) and was not competent to make decisions on terminating the ownership of the Russian Federation and, accordingly, transferring it to Aquatika LLC for lease.

source: «Sevastopol newspaper»