Finding a balance between the investment attractiveness of construction projects on the territory of cultural heritage sites included in the UNESCO World Heritage List (hereinafter referred to as World Heritage Sites), or in their buffer zone, the need for modern development of the respective territories, on the one hand, and the preservation of World Heritage Sites, and also compliance with the international obligations of the Russian Federation, on the other hand, is a very difficult task and in practice gives rise to a lot of difficulties. It is usually quite difficult to predict not only the timing of the implementation of such projects, but also, in general, their admissibility and profitability. At the same time, with the proper approach, it is possible to identify legal risks and mitigate them as much as possible, and in some cases completely eliminate them. Read about the controversial issues of agreeing on the construction in the buffer zone of the World Heritage site, which may affect the plans of the developer, and the planned legal regulation of this issue in the material.

The UNESCO World Heritage List is maintained in accordance with the 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage (hereinafter referred to as the 1972 Convention), which was ratified by the USSR without reservations or declarations and entered into force on January 12, 1989 for the USSR, the successor of which is the Russian Federation .

According to Art. 4 of the 1972 Convention, each state party to this Convention recognizes that the obligation to ensure the identification, protection, conservation, promotion and transmission to future generations of the cultural and natural heritage referred to in Art. 1 and 2, which is located on its territory, is assigned primarily to it. To this end, it seeks to act both through its own efforts, making the maximum use of available resources, and, if necessary, through international assistance and cooperation, which it can use, in particular in financial, artistic, scientific and technical respects.

At the same time, in practice, there is uncertainty about the need to coordinate with the UNESCO Committee (Intergovernmental Committee for the Protection of the World Cultural and Natural Heritage of UNESCO) the planned activity on the territory of a World Heritage site or in its buffer zone.

There is no concept of “buffer zone” in Russian legislation

The difficulties are due to the fact that Russian legislation, including in the Federal Law of June 25, 2002 No. 73-FZ “On objects of cultural heritage (monuments of history and culture) of peoples Russian Federation”(hereinafter referred to as the Law on Cultural Heritage Objects), the procedure for interaction of interested persons and bodies both among themselves and with the UNESCO Committee on the approval of construction on the territory and in the buffer zone of a World Heritage property, as well as the rules and conditions for conducting an impact assessment are not regulated such construction on a World Heritage Site.

In accordance with § 104 of the Guidelines for the Implementation of the 2013 World Heritage Convention (hereinafter referred to as the Guidelines), a buffer zone is defined as an area surrounding a nominated property that has additional legal and / or customary restrictions on its use and development, creating an additional level of protection object. The buffer zone should include the immediate surroundings of the nominated property, important views (landscapes) and other areas or attributes that are functionally significant for the property and its protection.

The territory constituting the buffer zone must be determined in each case through appropriate mechanisms. The nomination must provide detailed information regarding the size, characteristics and permitted use of the buffer zone, as well as a map indicating the exact boundaries of the property and its buffer zone.

According to § 107 of the Guidelines, although buffer zones are not normally part of the nominated property, any modification or creation of a buffer zone after a property has been inscribed on the World Heritage List must be approved by the UNESCO Committee through a procedure defined for minor boundary changes.

It should be noted that Russian legislation does not contain the concept of "buffer zone", which in practice also gives rise to certain difficulties. At the same time, the concept of “zone of protection of a cultural heritage site” can be called an analogue of the concept of “buffer zone” in Russian legislation.

Thus, the zones of protection of cultural heritage objects in accordance with the Law on Cultural Heritage Objects (Article 34) include:

protected zone of a cultural heritage object - a territory within which, in order to ensure the safety of a cultural heritage object in its historical landscape environment, a special regime for the use of land and land plots is established, restricting economic activity and prohibiting construction, with the exception of the application of special measures aimed at conservation and regeneration historical and town-planning or natural environment of the object of cultural heritage;

zone of regulation of development and economic activity - the territory within which a regime for the use of land and land plots is established, restricting construction and economic activity, requirements for the reconstruction of existing buildings and structures are determined;

zone of protected natural landscape (if any) - a territory within which a regime for the use of lands and land plots is established, prohibiting or restricting economic activity, construction and reconstruction of existing buildings and structures in order to preserve (regenerate) the natural landscape, including river valleys, reservoirs, forests and open spaces, compositionally related to cultural heritage sites.

At the same time, the concepts of "buffer zone" and "protection zone of a cultural heritage site" are not always identical. The fact is that the buffer zone is developed on an individual basis when a property is nominated for inclusion in the World Heritage List or subsequently in accordance with the requirements of the 1972 Convention, and projects for zones of protection of cultural heritage sites are developed in accordance with Russian legislation, as a result of which the borders buffer zone and protection zones may not coincide.

In accordance with § 172 of the Guidelines, the UNESCO Committee invites States Parties to the 1972 Convention to communicate to the Committee, through the Secretariat, their intentions to undertake or authorize large-scale restoration or new construction works in the protected area of ​​the Convention that may have an impact on the Outstanding Universal Value of the property. Notice must be sent to as soon as possible(for example, prior to the preparation of draft key documents for specific projects) and prior to the adoption of any decisions that would be difficult to reverse, so that the Committee can assist in finding appropriate solutions that guarantee the full preservation of the Outstanding Universal Value of the property.

Thus, when planning any construction work in the buffer zone or on the territory of a World Heritage site in accordance with the Guidelines, the prior approval of the UNESCO Committee is required. Such coordination appears to be mandatory when planning construction or renovation on the site or in the buffer zone of a World Heritage property, when obtaining a building permit, when approving master plans, land use and building regulations, etc. However, in Russian law enforcement practice, this issue is resolved ambiguously.

Approaches of the courts to the issue of the need to coordinate the construction with the UNESCO Committee

Indicative in this context are the court decisions regarding the construction of the Pulkovo Observatory cultural heritage site in the buffer zone, which is an element of the World Heritage Site component “The Historic Center of St. activities in the buffer zone of the World Heritage Site were divided.

Position one

The courts point out that there is no need to comply with the requirements of the 1972 Convention and the Guidelines in terms of coordinating with the UNESCO Committee any work in the buffer zone of a World Heritage property.

Thus, the absence of the need to obtain mandatory construction approval by the UNESCO Committee in accordance with the 1972 Convention is indicated in the decision of the Kuibyshevsky District Court of St. Petersburg dated November 29, 2017 in administrative case No. .2018 No. 33a-3087 / 2018 in case No. 2a-1825 / 2017, the decision of the court of first instance was upheld), which, although it canceled the permit for the construction of an apartment building (LC "Planetograd") in the buffer zone, however, did it on other grounds .

The conclusion is motivated by the following:

although the obligation of the participating countries "to ensure the identification, protection, preservation, promotion and transfer to future generations of cultural and natural heritage", enshrined in the 1972 Convention, is unconditional, is a generally recognized principle of international law and is included as an integral part of the legal system of the Russian Federation, specific forms of its implementation, since they are not established by the 1972 Convention, should be determined by the relevant legal acts of the Russian Federation;

at the time of issuance of the contested building permit, there was no national enforcement mechanism for the Guidelines, and the 1972 Convention and its Enforcement Guidelines do not contain such a direct enforcement mechanism.

Position two

The courts point to the need for mandatory compliance with the requirements of the 1972 Convention and the Guidelines in terms of coordinating with the UNESCO Committee any work in the buffer zone of a World Heritage property.

Thus, by the decision of the St. Petersburg City Court dated January 22, 2018 in case No. 3a-2 / 2018, the Decree of the Government of St. Petersburg dated December 18, 2014 No. 1156 “On approval of the draft planning of the territory of the base quarter 7723V, limited by the territory of the Pulkovo Observatory, Pulkovskoe Highway , Volkhonskoye Highway, designed by passages No. 7, 8 and 6, in the Moskovsky District and the project for surveying the territory bounded by the territory of the Pulkovo Observatory, Pulkovskoye Highway, designed by passages No. No. 1156).

One of the grounds for recognizing Decree No. 1156 as invalid was the fact that the projected area partially borders a cultural heritage site of federal significance and includes components of a world heritage site. At the same time, when approving the draft planning and land surveying project, the Government of St. Petersburg did not comply with the international obligations of the Russian Federation for the protection and protection of the World Heritage Site in terms of their coordination with the UNESCO Committee, which violated the 1972 Convention.

As the court noted, the absence at the domestic level of a legal mechanism for regulating the procedure and procedure for sending project documentation for approval to the UNESCO Committee does not exempt the Government of St. for sending to the Ministry of Foreign Affairs of Russia and subsequent submission to the UNESCO Committee.

As a result, the Supreme Court of the Russian Federation introduced some certainty on the issue under consideration, which, canceling the above decision of the St. Petersburg City Court dated January 22, 2018 in case No. domestic mechanism for implementing the provisions of the 1972 Convention in this part (Appeal ruling Supreme Court RF dated May 23, 2018 No. 78-APG18-11).

At the same time, this approach of the Supreme Court is controversial, since the need for harmonization is quite clearly spelled out in the 1972 Convention and in the Guidelines, and this international obligation must be respected, despite the absence of internal mechanisms for its implementation.

Moreover, the creation of the Commission of the Russian Federation for UNESCO (Decree of the Government of the Russian Federation of August 21, 1992 No. 609 “On the Formation of the Commission of the Russian Federation for UNESCO”), together with the need to obtain the approval of the Ministry of Culture of Russia when carrying out relevant work, indicate the existence of general principles for the mechanism for obtaining approval of the UNESCO Committee. This fact is confirmed, among other things, by the practical precedents for obtaining or attempts made to obtain such approvals, for example, for such high-profile projects as a monument to Prince Vladimir in Moscow.

Prospects for legal regulation

At present, the Ministry of Culture of Russia has prepared a draft law that should regulate the procedure for agreeing with the UNESCO Committee on planned activities on the territory and in the buffer zone of a world heritage site (draft federal law“On Amendments to the Federal Law “On Cultural Heritage Objects (Historical and Cultural Monuments) of the Peoples of the Russian Federation” and Certain Legislative Acts of the Russian Federation” (in terms of establishing the procedure for fulfilling international obligations arising from the Convention on the Protection of the World Cultural and Natural Heritage dated 16 November 1972) published on the regulation.gov.ru portal under ID 02/04/09-18/00084384).

This bill proposes to solve, in particular, the above problems as follows.

The buffer zone in relation to a World Heritage property is equated to the totality of a buffer zone, a zone for regulating development and economic activity, as well as a zone of protected natural landscape of such a cultural heritage object, if the latter exists.

The Law on Cultural Heritage Objects implements the requirement of the Guidelines that changes to the boundaries of the buffer zone of World Heritage properties must be carried out in accordance with the procedures provided for under the 1972 Convention.

It is established that the project documentation prepared for construction work within the border of the territory of the World Heritage property and its buffer zone is subject to an assessment of the impact of these works on the Outstanding Universal Value of the World Heritage property.

A specific course of action is proposed for agreement with the UNESCO Committee (see page 8).

Thus, the proposed amendments to the Law on Cultural Heritage Objects will make it possible at the legislative level to establish the obligation to obtain a positive opinion of the UNESCO Committee for the implementation of construction work on the territory of the World Heritage Site and its buffer zone and the mechanism for obtaining such an opinion.

It should be noted that the adoption of these amendments will complicate the implementation of investment projects in the buffer zones of world heritage sites, since the approval procedure with the UNESCO Committee may take, according to preliminary estimates, from six to twelve months, which must be taken into account when planning construction work in the zone of world heritage sites. To some extent, this circumstance can reduce investment attractiveness related projects.

But, despite these nuances, the proposed amendments should still be assessed positively, since they eliminate the uncertainty regarding the need to obtain the approval of the UNESCO Committee when initiating economic activities on the territory and in the buffer zone of a World Heritage property, as well as regarding the very concept of a buffer zone in accordance with with Russian law.

For the above reasons, in the absence of a domestic mechanism for obtaining the approval of the UNESCO Committee and in order to avoid possible difficulties in the future, we recommend that developers voluntarily initiate coordination with the UNESCO Committee of construction and other works on the territory and in the buffer zone of world heritage sites. In our experience, obtaining such approval takes on average about six to eight months, which must be taken into account when planning construction work in the World Heritage area.

Algorithm of actions proposed by the draft law to coordinate the construction of a world heritage site in the buffer zone with the UNESCO Committee

	Action
	Conducting an impact assessment prior to commencement of construction work within the boundaries of the World Heritage site and its buffer zone at the expense of the contractor*
	Submission of documentation prepared based on the results of the impact assessment of the works to the Ministry of Culture of Russia
	Coordination of documentation of the Ministry of Culture of Russia
	Submission of documentation to the UNESCO Committee
	Adoption of a decision by the UNESCO Committee on submitted materials
	Commencement of work subject to a positive decision by the UNESCO Committee on Submitted Materials
* The procedure is proposed to be regulated by the Government of the Russian Federation.

Very often, when planning to purchase a land plot in a gardening partnership, buyers are faced with the problem of having any encumbrances on this plot. Fearing to acquire a number of problems along with the plot, they simply refuse to purchase. Let's determine whether the encumbrances are so terrible.

The encumbrance of a land plot is a limitation of the owner in his right to use and dispose of the land belonging to him. It may suggest the following:

restrictions on the possibility of use (for example, a ban on placing industrial facilities in protected areas);

obligation to provide land for limited use to other people or organizations (servitude);

restriction in the right of possession and disposal (mortgage, etc.).

In horticultural partnerships, the most common encumbrance is the "Development Regulation Zone". What does it mean?

Let us turn for clarification to the Federal Law of April 15, 1998 N 66-FZ (as amended on July 3, 2016) "On horticultural, horticultural and dacha non-profit associations of citizens." Specifically, Art. 33 and Art. 34:

Article 33

The standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association are established by the executive authorities of the constituent entities of the Russian Federation in the manner established by urban planning legislation, taking into account their natural, socio-demographic, national and other characteristics. The basis for this is basic standards organization and development of the territory of such associations, established by the federal executive authorities and necessary for compliance with environmental, land legislation, legislation on urban planning, on the sanitary and epidemiological welfare of the population, on fire safety.

The main standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association in accordance with urban planning legislation are:

• the number and size of access and internal roads;
• minimum distances between buildings, structures, structures and boundaries of land plots;
• type of water supply sources;
• technical characteristics of the engineering support of the territory of such an association;
• list of necessary fire-fighting structures;
• list of environmental protection measures.

Depending on the specific conditions, other standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association may additionally be applied.

Article 34

The construction of buildings and structures in a horticultural, horticultural or dacha non-profit association is carried out in accordance with the project for the organization and development of its territory.

Control over compliance with the requirements for the construction of buildings and structures in a horticultural, horticultural or country non-profit association is carried out by the board of such an association, as well as inspectors of state bodies exercising control over compliance with the law, in the order of architectural supervision, the organization that developed the project for the organization and development of the territory of such an association, bodies local government.

The type of materials and structures used in the construction of buildings, structures and engineering infrastructure facilities is determined by the horticultural, gardening or country non-profit association and its members independently in accordance with the project for organizing and developing the territory of such an association.

The erection by citizens on garden, garden or country plots of buildings and structures exceeding the dimensions established by the project for the organization and development of the territory of a horticultural, vegetable garden or country non-profit association for these buildings and structures is allowed after the local government approves the projects for the construction of these buildings and structures in the manner established by urban planning legislation.

Violation of the requirements of the project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is the basis for bringing such an association, as well as its members who committed the violation, to liability in accordance with this Federal Law and other federal laws.

So, according to Article 33 and Art. 34 FZ - No. 66 of 04/15/1998, The development regulation zone determines the maximum allowable height of buildings located on the land plot, the distance between buildings, etc. This zone limits the owner only in choosing the size of the house that he plans to build on his site, its location, technical characteristics. But it does not affect the right of ownership, does not limit the size of the plot. The presence of such a zone indicates that there are SNiPs in this gardening partnership, and, therefore, all buildings and structures on land plots must be built in compliance with urban planning rules and the Law.

A selection of the most important documents on request Development regulation zone(legal acts, forms, articles, expert advice and much more).

Arbitrage practice

The court refused to satisfy the demands of the company to the city administration to recognize the ownership of non-residential premises in the building. As the court pointed out, in accordance with Part 1 of Art. 38 of the Town Planning Code of the Russian Federation, to determine the places of permissible placement of buildings, structures, structures, restrictions may be established in the form of limiting (minimum and (or) maximum) sizes of land plots, including their area, as well as restrictions in the form of minimum indents from the boundaries of land plots, outside of which the construction of such facilities is prohibited. In the case under consideration, part of the land plot on which the disputed building is located is part of the conservation zone of historical and cultural monuments, and the other part is included in the regulation zone of development and historical and cultural protected areas, the peculiarity of the use mode of which is the possibility of preserving 1 - 2 floors , predominantly residential. Meanwhile, the company has erected a multi-storey building on the indicated site, and therefore there are no grounds for satisfying the requirements declared by the company.

Articles, comments, answers to questions: Development regulation zone

The institution provided the plaintiff with a town-planning plan only on 10/23/2013. At the same time, on the basis of the plan, it was found that the project facility is located in the zone of regulation of development and economic activity ZRZ 2-1, which in turn requires the coordination of design decisions in KGIOP.

Open a document in your ConsultantPlus system:
Land use regime and urban planning regulations

Regulations: Development regulation zone

1. In order to ensure the safety of a cultural heritage object in its historical environment, zones of protection of a cultural heritage object are established on the territory adjacent to it: a protective zone of a cultural heritage object, a zone for regulating development and economic activity, a zone of protected natural landscape.

2. On the territory associated with a cultural heritage object included in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, one or more protection zones can be established in its historical environment: a buffer zone, a zone for regulating development and economic activities, protected natural landscape zone.

"... The zone of regulation of development and economic activity is the territory within which the land use regime is established, which limits economic activity, and the requirements for the reconstruction of existing buildings and structures are determined ..."

A source:

Federal Law No. 73-FZ of June 25, 2002 (as amended on November 12, 2012) "On Cultural Heritage Objects (Monuments of History and Culture) of the Peoples of the Russian Federation"

Official terminology. Akademik.ru. 2012 .

See what the "Zone of regulation of development and economic activity" is in other dictionaries:

Zone of regulation of development and economic activity- the territory within which the land use regime is established, which restricts construction and economic activity, the requirements for the reconstruction of existing buildings and structures are determined (see also Protection zones of objects ... ...

Zone of regulation of development and economic activity - land associated with cultural heritage sites, within which a usage regime is established that restricts construction and economic activity, requirements for the reconstruction of existing buildings are determined and ... ... Big Law Dictionary

Cultural heritage protection zone- a land plot associated with an object of cultural heritage, within which a special regime of use is established in order to ensure the safety of the object of cultural heritage in its historical environment. Protection zones of a cultural object ... ... Big Law Dictionary

zone- 3.11 zone: A space containing logically grouped data elements in an MRP. Note Seven zones are defined for SMEs. Source: GOST R 52535.1 2006: Identification cards. Machine readable travel documents. Part 1. Machine ...

Sanitary protection zone- 1) (for the purposes of the Town Planning Code of the Russian Federation) one of the types of zones with special conditions for the use of territories; 2) (for the purposes of the Federal Law on Environmental Protection) zones withdrawn from intensive economic ... ... Russian Environmental Law: Dictionary of Legal Terms

Zones of protection of objects of cultural heritage of the peoples of the Russian Federation- 1) (for the purposes of the Town Planning Code of the Russian Federation) one of the types of zones with special conditions for the use of the territory; 2) (for the purposes of the Federal Law on objects of cultural heritage (monuments of history and culture) of the peoples of the Russian ... ... Russian Environmental Law: Dictionary of Legal Terms

Decree 510-PP: On approval of the provisions on the City Register of Immovable Cultural Heritage and on the Historical and Cultural Basic Plan of the City of Moscow- Terminology Decree 510 PP: On Approval of Regulations on the City Register of Immovable Cultural Heritage and on the Historical and Cultural Basic Plan of the City of Moscow: 2.1.1. The authorship of the object of information about the person (last name, first name, patronymic and ... ... Dictionary-reference book of terms of normative and technical documentation- 2.1.20. Zones of protection of objects of cultural heritage of the territory, within the boundaries of which special regimes for the use of land and urban planning regulations have been established to ensure the safety of the object of cultural heritage in its historical environment on ... ... Dictionary-reference book of terms of normative and technical documentation

Zone of regulation of development and economic activity

The proposed development and economic activity regulation zone is subdivided into four sections - sections 1, 2, 3, 4 - with the established land use regimes R-1, R-2, R-3, R-4 and the relevant urban planning regulations within the boundaries of the plots of this zones.

3.1. Description of the boundaries of the development and economic activity regulation zone.

The development and economic activity regulation zone with the R-1 land use regime includes one site - site 1 - located to the south-west, west and north of the territory of the monument, including local passage, road sections - st. Arzhakov and st. Kaliningradskaya, located in the zone of compositional influence of the object of cultural heritage under consideration.

The area of ​​the territory of the development and economic activity regulation zone with the R-2 land use regime is: plot 2 - about 1.19 hectares.

The development and economic activity regulation zone with the R-3 land use regime includes one site - site 3, located to the south-west and west of the territory of the monument and site 1, stretching along the street. Ordzhonikidze, local passage, st. Arzhakov and st. Kaliningradskaya, located in the zone of compositional influence of the object of cultural heritage under consideration.

Within the boundaries of plot 4 of the development and economic activity regulation zone, the following land plots are located, registered in the Unified State Register of Rights to real estate and transactions with it: land plot K no. 50:45:40822:21, partially - land plots no. 50:45:40822:182 and no.

The area of ​​the territory of the development and economic activity regulation zone with the R-4 land use regime is: plot 4 - about 1.23 hectares.

Mode of land use within the boundaries of the zone of regulation of development and economic activity:

For all sections of the development and economic activity regulation zone, it is prohibited:

construction of buildings and structures for industrial and municipal storage purposes, placement of objects that create cargo flows, pollute the air and water basins, are dangerous in terms of fire, explosive;

construction of objects with an active silhouette completion (in the form of towers, spiers), dissonant volumetric and color solutions, facade decoration;

economic activity leading to a significant change in the terrain (cutting, backfilling more than 0.5 m) without justification, causing pollution of soils, surface runoff and groundwater, violation of the prevailing characteristic hydrogeological conditions (change in the level of groundwater);

change in the routing of historical access roads to the Manor of A.N. Kraft "Kostino", early. XX century;

organization of unequipped places for garbage collection, placement of sites with garbage containers in the areas of the main view openings to the territory of the monument;

making fires;

laying of ground utilities, placement of telecommunication towers, antenna masts, boiler pipes, advertising steles and other engineering structures of significant height;

permitted:

economic activity without prejudice to the safety of A.N. Kraft "Kostino", early. XX century, without distorting the valuable panoramas, including the monument;

overhaul, reconstruction of buildings and structures, construction of residential and public buildings with infrastructure facilities, with the exception of special requirements for sections 1, 4 (limiting construction parameters for individual sections are determined by urban planning regulations);

fencing of individual sections, placement of engineering infrastructure facilities (TP, CTP) in the depths of building sites;

repair, reconstruction of the road surface of roads, local passages, footpaths, placement of parking lots along roads and local passages;

carrying out works on landscaping and landscaping of the territory, placing small architectural forms (benches, urns, lanterns), carrying out reconstructive and formation felling, sanitary felling of green spaces, planting traditional tree species along the main entrances to the A.N. Kraft "Kostino", early. XX century;

laying, repair, reconstruction of engineering communications, overhead and underground communication lines and power lines;

carrying out any excavation work with the obligatory supervision of an archaeologist, with the exception of special requirements for site 2.

construction of new capital construction facilities;

reconstruction (expansion, superstructure) of the administrative building of OJSC “Corporation “TRV”;

permitted:

reconstruction of individual elements of the building of the Church of the Nativity of the Blessed Virgin Mary in 2005 (side extensions, extensions) in the existing height parameters;

repair, reconstruction of roads (Kaliningradskaya St., Arzhakov St.), local passage without expansion towards the territory of the monument;

placement of public transport stops along the street. Kaliningrad.

new construction to replace the worn-out fund with an increase in the area of ​​the building spot, the placement of objects that create significant car flows and increase the anthropogenic load on the territory of the monument;

use of the territory of the monument (park) as adjoining territory residential buildings;

the use of shiny and brightly colored roofing and wall coverings of buildings;

significant dynamic impact on soils, creating potentially destructive vibration loads;

carrying out any excavation work without advanced archaeological research;

permitted:

solution of the functional and planning organization of the territory and placement of the designed volumes on the site of demolished residential buildings in conjunction with the historical planning structure of the Estate of A.N. Kraft "Kostino", early. XX century, with the preservation of the modern access road (Ilyicha Street) and on the basis of a project agreed with the authorities for the protection of cultural heritage sites;

in case of demolition of residential building No. 32 on the street. Dzerzhinsky, upon discovery of the foundations of lost historical buildings (the Church of the Nativity of the Blessed Virgin Mary in 1691, the bell tower in 1863), the exclusion of this place from the construction zone with the breakdown of a memorial square and the installation of a memorial sign or a chapel.

overhaul, reconstruction of existing low-value buildings (garages);

construction of new buildings and structures exceeding the height parameters established by the urban planning regulations;

planning of the territory without taking into account the organization of "green corridors" free from development, providing access to the territory of the monument;

Urban planning regulations within the boundaries of the zone of regulation of development and economic activity:

For plot 1 with land use regime P-1, it is allowed:

fencing of individual sections of the territory using forged, cast and similar "transparent" metal fences with height parameters up to 1 m;

landscaping of the territory with the arrangement of ordinary plantings of traditional tree species (linden, maple, birch, poplar) along the local passage, st. Arzhakova, st. Kaliningrad;

the use of "rocket" landings with a width of at least 5 m, which ensure the neutralization of the influence of the adjacent modern buildings.

For plot 2 with land use regime R-2, it is allowed:

new construction of residential and public buildings in the constructivist style with height parameters of the main volume up to 18 m (no more than six floors), with maximum permissible height parameters of separately protruding structural elements (ledges, extensions, etc.) up to 24 m, counting from the level land to the top of the building, with a decrease in the height parameters of possible construction near the intersection of the street. Kaliningradskaya and st. Dzerzhinsky up to 15 m;

architectural design of facades of buildings and structures using decorative elements, proportions of window openings, type of decoration in the style of early constructivism, similar to the buildings of the former Bolshevskaya labor commune;

device along the street. Dzerzhinsky no more than three parking lots with a capacity of no more than 20 cars each;

landscaping of the territory with the arrangement of ordinary plantings of traditional tree species (linden, maple, birch, poplar) along the street. Dzerzhinsky in order to form a landscaped building facade, neutral in relation to the monument;

the use of "rocket" landings with a width of at least 5 m, ensuring the neutralization of the influence of engineering infrastructure facilities.

For plot 3 with land use regime P-3, it is allowed:

reconstruction of buildings and structures in the existing parameters;

new construction of residential and non-residential buildings and structures, objects of cultural and community, commercial, office and business purposes with height parameters up to 15 m, counting from ground level to the top of the building, including all structural and decorative elements, with an increase in the height parameters of possible construction near southern border of the site up to 30 m;

For plot 4 with land use regime P-4, it is allowed:

stage-by-stage reorganization of the territory in accordance with the town-planning documentation approved in accordance with the established procedure;

new construction of residential and public buildings (cultural, commercial, office and business facilities, sports, recreation, healthcare) with maximum permissible height parameters of up to 30 m, counting from ground level to the top of the building, including all structural and decorative elements ;

finishing facades of neutral colors and textures, with the exception of sharply dominant elements;

fencing of individual sections of the territory using forged, cast and similar "transparent" metal fences with height parameters up to 1.5 m;

organization of entrances to the projected residential areas from existing roads and local driveways;

landscaping of the territory with the arrangement of row plantings of traditional tree species (linden, maple, birch, poplar) along the perimeter of the quarters in order to form a landscaped facade of the building, neutral in relation to the monument;

creation of buffer green areas with a width of at least 10 m, ensuring the neutralization of the influence of modern development.

Protected natural landscape zone

The protected natural landscape zone is established in order to preserve valuable elements of the historical landscape, the compositional connection of the cultural heritage object under consideration with the natural environment, the integrity of the historical, urban planning and spatial environment in the zone of compositional influence of the cultural heritage object in a rapidly changing urban planning situation in the modern developing city of Korolev, Moscow Region.

Description of the boundary of the protected natural landscape zone.

The protected natural landscape zone is located to the north of the territory of the monument and section 1 of the development and economic activity regulation zone; includes the entire southern part of the Kostino DiKTs park - up to the drainage ditch crossing the park territory in the direction from west to east.

Park DiKTs "Kostino", organized on the site of a previously existing mixed forest and reproducing the historical landscape, is located in the zone of compositional influence of the object of cultural heritage of regional significance of the Estate of A.N. Kraft "Kostino", early. 20th century

Within the boundaries of the protected natural landscape zone, there are no land plots registered in the Unified State Register of Rights to Real Estate and transactions with it.

The zone of protected natural landscape, see drawing No. 1 of this project "Map (scheme) of the boundaries of protection zones" on a scale of 1:2000, is indicated by numbers: 10, 21, 22, 11, and graphically.

The boundary of the territory of the protected natural landscape zone passes: from point 10 - located near the crossing of the northern border

right of way of the road - st. Kaliningrad and eastern border of the right of way of the road - st. Arzhakov, on the southwestern corner of the territory of the Kostino DiKTs park, at a distance of 60 m north of the main entrance to the Church of the Nativity of the Blessed Virgin Mary;

10 - 21 - to the northeast 128 m along the footpath that runs along the street. Arzhakov;

22 - to the southeast-east, southeast, southeast-east, total - 265 m, along the territory of the Kostino DiKTs park, along the drainage ditch;

11 - to the south 78 m along the footpath running along the street. Dzerzhinsky;

11 - 10 - to the northwest-west 262 m along the northern border of the right of way of the road - st. Kaliningradskaya, along the southern border of the park DiKTs "Kostino", to the starting point.

The area of ​​the protected natural landscape zone is about 2.53 hectares.

Mode of land use within the boundaries of the protected natural landscape zone:

On the territory of the zone of protected natural landscape it is prohibited:

construction capital buildings and structures;

economic activity that violates the nature and appearance of the historical natural environment of the A.N. Kraft "Kostino", early. XX century;

clear felling of green spaces, damage to species composition, destruction of old-growth trees of valuable species, valuable soil-protective vegetation;

a significant change in the terrain (cutting, backfilling more than 0.5 m) without justification;

pollution of soils, surface runoff and groundwater, violation of the existing characteristic hydrogeological conditions (changes in the level of groundwater);

organization of unequipped places for garbage collection;

making fires;

construction of reinforced concrete fences, fences made of profiled metal and similar “deaf” fences;

laying of high-speed highways and roads, organization of parking lots;

laying of ground engineering communications, placement of telecommunication towers, antenna masts and other significant engineering structures;

permitted:

economic activity aimed at the preservation and restoration (regeneration) of the characteristic natural environment of the A.N. Kraft "Kostino", early. XX century;

preservation and further formation of the recreational nature of the territory with adaptation for modern use;

construction of non-permanent objects of improvement and maintenance of the recreational area (sheds for equipment rental: deck chairs, bicycles, roller skates), placement of small architectural forms (arbours, benches, urns, lanterns, decorative and drinking fountains) adapted to the historical environment inherent in the monument, with height parameters up to 4 m;

organization of walking and cycling routes, arrangement of sites for recreational use (sites

recreation), equipped with a modern system of landscape

lighting;

use of finishing materials for non-capital facilities

improvement and maintenance of the recreational area, small architectural forms, road surfaces, paving elements of neutral colors and textures;

perimeter fencing using forged, cast and similar "transparent" metal fences with height parameters up to 2 m;

carrying out works on improvement and gardening of the territory, taking into account the preservation of valuable green spaces;

carrying out medical and recreational activities for diseased and weakened old-growth trees of valuable species, thinning for the purpose of reconstructing a green area, with subsequent compensation of green spaces;

repair of the pavement of walking and cycling paths;

laying paths, underground engineering communications, taking into account the preservation of valuable green spaces.

In accordance with Urban Planning Code(Article 36. Town-planning regulations, paragraph 4) the town-planning regulations do not apply to land plots within the boundaries of common areas (in this case, within the boundaries of the Kostino DiKC park, the southern part of which is included in the protected natural landscape zone).