The amendment of the urban design codes of an area of the municipality of Chisinau can take place only if public consultations involving people living in that area are staged, say lawyers of the dwellers of the apartment buildings situated at 13/1 and 13/2 Mircea cel Bătrân Blvd. They complain that a building company wants to erect a residential complex nearby and, contrary to the legal provisions, try to modify the urban design codes by a decision of the Chisinau Municipal Council.
In a news conference at IPN, lawyer Artur Macovei said the whole Chisinau in 2008 was divided into functional zones, being decided on what lots constructions can be erected. For the purpose, the CMC approved a decision by which a view on the development of the municipality of Chisinau was agreed. As a result, there were approved the Local Urbanism Regulations of Chisinau. The role of zone delimitation is to ensure the control of urban development density and of the intensity of using lots with effect in the regulation of traffic congestion.
According to the lawyers, the building company plans to erect a complex with three buildings with over 20 stories near the blocks located at 13/1 and 13/2 Mircea cel Bătrân Blvd. The apartment buildings are to be erected on an area on which the law bans erecting multistory blocks and allows only commercial areas to be built. Lawsuits were filed to have the documents checked in court and a series of illegalities were identified. The building permit and urbanism certificate were annulled.
The building company requested the CMC to amend the urban design codes. “The company Braus Imobiliare SRL, together with several investors, came directly with an application to the Municipal Council and said: “Please, change these codes so that we could erect the blocks further. In other words, they asked to legalize their illegality,” said Artur Macovei.
Acceding to him, there is a clear procedure saying the applicant should go to the General Architecture, Urbanism and Land Relations Division and ask this to draw up a new map. Afterward, public consultations are held to learn the opinion of the people living nearby, who must be mandatorily consulted. “The proposals formulated in the public consultations are included in the draft amendment decision only if they do not run counter to other regulations or laws. Later, not Braus and not the applicant, but the Architecture Division presents the amendment proposal to the local council,” stated the lawyer.
Lawyer Gheorghe Macovei said that as illegalities were ascertained, those to blame should be held accountable. “I once again ask you to apply the legal norms. Today, this is the problem of the people living at 13/1 and 13/2 Mircea cel Bătrân Blvd, but if the law is ignored, tomorrow you can face a similar situation. The law should be fully applied in the case of everyone or those small illegalities committed daily will lead to serious deviations and to protests,” stated Gheorghe Macovei.
