Borders of zones of regulation of building and economic activity. Construction and economic activity in the buffer zone of the World Heritage site: problems and prospects of legal regulation. In Russian legislation, there is no concept of "buffer

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 under consideration cultural heritage.

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 are located land registered in the Unified state register 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 (changes 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 ground engineering communications, placement of telecommunication towers, antenna masts, boiler room pipes, advertising pylons and other significant engineering structures;

allowed:

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 pavement roads, local driveways, footpaths, placement of parking lots along roads and local driveways;

carrying out works on improvement and gardening of the territory, placement of 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;

any earthworks 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”;

allowed:

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 stops public transport along st. Kaliningrad.

new construction to replace the worn-out fund with an increase in the area of ​​the development 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;

allowed:

solution of the functional and planning organization of the territory and placement of the projected 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 the facades of buildings and structures using decorative elements, the proportions of window openings, the 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 R-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, domestic, 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 the southern boundary 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 allowable 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 borders 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 of 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;

allowed:

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 (arbors, 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 modern system 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 public 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).

The mode of use of these territories provides for a more active and diverse reconstruction of the environment, individual buildings and structures. If only regeneration of the environment is allowed in the protected zones of monuments; conservation, restoration and reconstruction of monuments, then more active methods of urban planning, volumetric and functional reconstruction can be used in the regulated development zone, namely, renewal, transformation and restructuring of the environment, partial and complete modernization of historical and modern buildings, new construction.

The degree of reconstructive intervention is determined by the following:

- object value(an architectural monument, a valuable building, a low-value building, a disharmonious building);

- preservation of the object and environment(4 categories of preservation: maximally preserved; preserved with minor changes in the space-planning decision; preserved with significant changes in the space-planning decision; not preserved (is in a ruined state));

- modern requirements to the object and environment;

- accommodation object in relation to the protected zone of the monument;

When designing in a regulated development zone, it is necessary to take into account the requirements for the mode of use of development regulation zones.

SAVED:

Valuable historical planning and development, landscaping and landscaping, expressive elements of the landscape;

The significance of monuments in the architectural and spatial organization of the environment is preserved and restored. What does it mean? This means that the basic principle of subordination is preserved. The monument is the dominant, all other buildings are its background, subordinate to it; those. planning, architectural and functional everything should be subordinated to the monument or complement it;

The best viewing conditions for monuments are provided;

Compliance of all buildings and structures with the historical environment in terms of scale is ensured.

ALLOWED:

Supplementing the existing planning structure with new streets, driveways and entrances; (the formation of new streets comes after a comparison of historical plans and the modern planning structure by superimposing them on each other);

Expanding the boundaries of the red lines of historical streets, while maintaining their direction;

Formation of new quarters is allowed; (usually in an undeveloped area or vacated then warehouse or other disharmonious outbuildings; the form quarters is determined after comparing historical plans and modern planning structure by superimposing them on each other; the size new quarters should be smaller than the territory of the monument, the size of buildings in terms of spot and volume - less than the size of the monument);

A fairly active construction of new buildings is allowed, but, at the same time, they are clearly regulated by:

1) placement;

2) methods of planning organization (usually quarterly, perimeter with courtyard;

3) height (in each individual city - differently, depending on the height of the monuments and the number of storeys of historical buildings; in Kyiv - 27m);

4) the length of the facades (no more than the traditional length of the facade of historical buildings for a given city; small towns - 3-4 windows; multi-sectional - prohibited, or sections must differ from each other in height and plasticity);

5) scale (according to the prevailing in a given historical environment for ordinary, accent and dominant buildings);

6) the nature of the division of facades, vertical and horizontal (close to historical);

7) plastic and color solutions (there may be new forms, new materials, but similar in color and plastic in a given environment);

8) functional use (the new function should not contradict the historical ones, should complement and develop them; should not cause the destruction of the ensemble).

In general, the correct functional organization is very important point in the mode of using the building regulation zone. It is very important which function to remove, as disharmonious, and which one to add in order to actively develop the environment, but not harm this activity.

So, it should be REMOVED from the development regulation zone

disharmonious industrial and warehouse enterprises. There are three options:

1. Renovation (updating) of the industrial enterprise. The enterprise is modernized, re-profiled, the territory is reduced, only harmless production remains, which does not require large storage facilities and traffic load.

2. Adaptation to a new function with a change appearance- complete modernization.

3. Demolition, in place - a recreational area.

If for some reason it is impossible to demolish disharmonious buildings or a complete modernization does not completely solve the problem (for example, lowering the height), they make the so-called "green curtain" that will visually separate the historical buildings. Exactly the same technique is used if it is necessary to separate a transit highway from the historical building and this highway cannot be moved in any way.

Concerning empty, abandoned territories. There are many of them, especially in small towns. Empty territories, after studying and drawing up a historical and urban planning justification, can also either be built up with new buildings with a missing function, or be given over to recreation.

In the building regulation zone it is PROHIBITED:

Placement of new industrial, transport and storage enterprises that create large cargo flows; (this requires the expansion of roads, the construction of new interchanges, which may violate the intimacy of the historical environment);

The construction of new highways, esplanades, bridges, interchanges, which can also spoil the traditional character of the environment. What are they doing in Europe? They launch transport underground, make any interchanges with a combination of several modes of transport. Only entrances remain ground, which are solved as separate elements (small architectural forms) in squares, streets, or tied to some ordinary building. You enter the building, go down the escalator, you find yourself at the station. Example, Brussels, Munich

Protected Landscape Zones. Their territory can be used:

1) for recreation with landscaping works;

2) for traditional economic activities that do not disturb the landscape and do not require the construction of capital structures on this territory; (typical for small towns).

On the territory of the protected landscape zone it is ALLOWED:

Works to strengthen the coast, to update and modernize it (for example, under the promenade);

Works to strengthen the slopes, their landscaping, landscaping;

The existing individual development may be preserved if it does not disturb the landscape;

New construction of individual residential buildings in that part of the zone where individual buildings already exist, if new houses are not placed on the top of the relief, and their height does not exceed 7m (2 floors).

All industrial and storage buildings should be REMOVED.

FORBIDDEN:

Construction of new buildings and structures of medium height and above;

Road construction, laying engineering networks, overhead power lines, any other construction and earthworks not related to the protection, restoration and reconstruction of the protected landscape.

Zones of protection of the archaeological cultural layer. The mode of use is as follows:

All construction and earthworks, planting trees are carried out with the permission of state bodies for the protection of cultural heritage and under the supervision of an archaeologist;

Prior to the commencement of major construction or earthworks, surveys must be carried out on the sites in accordance with the plans for the location of construction;

Upon completion of the research, the sites where the remains of old buildings and structures are found are subject to protection as immovable monuments of cultural heritage. You cannot build on this site. If no remains of buildings are found on the site, after a full study, the site, by decision of state bodies for the protection of cultural heritage, is removed from the zone of the archaeological cultural layer.

SRP-2007.1 "Recommendations on the composition, procedure for the development, approval and approval of scientific and design documentation for the performance of production work to preserve cultural heritage sites. General provisions"4th edition
To make the protection zones of a monument, you must first study it, then get acquainted with the project of the protection zones of the entire settlement (if any), receive a Design Assignment from the monument protection authority in charge of this monument. The protected zone of a monument consists of many factors where not only the height of the surrounding buildings, the presence of other monuments in the neighborhood, the importance of the protected object, but even the requirements for environmental conditions - the influence of transport, industry, etc. intersect. This topic is quite large and complex. While the design conditions are not clear, it is rather difficult to determine the protected zone of the monument and to advise anything on specific dimensions.

N 73-FZ Article 34. Zones of protection of objects of cultural heritage.
3. Borders of zones of protection of a cultural heritage object (with the exception of the borders of zones of protection of especially valuable objects of cultural heritage of peoples Russian Federation and cultural heritage sites inscribed on the World Heritage List), land use regimes and urban planning regulations within the boundaries of these zones are approved on the basis of the project of cultural heritage protection zones in relation to objects of cultural heritage of federal significance - by the state authority of the constituent entity of the Russian Federation in agreement with federal agency protection of cultural heritage sites, and in relation to objects of cultural heritage of regional significance and objects of cultural heritage of local (municipal) significance - in the manner prescribed by the laws of the constituent entities of the Russian Federation.

Finding a balance between investment attractiveness 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, by the need modern development of the respective territories, on the one hand, and the preservation of world heritage sites, as well as 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. On the controversial issues of agreeing on the construction in the buffer zone of the World Heritage property, which may affect the plans of the developer, and the planned legal regulation read this question 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 in 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 the Federal Law of June 25, 2002 No. 73-FZ “On Cultural Heritage Objects (Monuments of History and Culture) of the Peoples of the Russian Federation” (hereinafter referred to as the Law on Cultural Heritage Objects), does not regulate the procedure for interaction between interested persons and bodies as between itself and with the UNESCO Committee for the Harmonization of Construction on the Territory and Buffer Zone of a World Heritage Site, as well as the rules and conditions for assessing the impact of such construction on a World Heritage property.

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. In the nomination, you must submit detailed information regarding the size, characteristics and permitted use of the buffer zone, as well as a map showing 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:

protective 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, special treatment use of land and land plots, restricting economic activity and prohibiting construction, with the exception of the use special measures aimed at preserving and regenerating the historical, urban planning or natural environment of a cultural heritage object;

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 reconstruction are determined existing buildings and structures;

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 being developed in individually when a property is nominated for inclusion in the World Heritage List or subsequently in accordance with the requirements of the 1972 Convention, and the projects of zones for the protection of cultural heritage objects are developed in accordance with Russian legislation, as a result of which the boundaries of the buffer zone and zones of protection 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 drafting of 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 approval appears to be mandatory when planning construction or renovation on the site or buffer zone of a World Heritage property, when obtaining a building permit, when approving master plans, land use and development rules, 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 mandatory compliance 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 Kuibyshev district court Petersburg dated November 29, 2017 in administrative case No. 2a-1825/2017 , which, although canceled the permit for the construction of an apartment building (LC "Planetograd") in the buffer zone, however, did it for other reasons.

The conclusion is motivated by the following:

although the obligation of member countries to “ensure the identification, protection, conservation, promotion and transmission to future generations of the cultural and natural heritage”, enshrined in the 1972 Convention, is unconditional, is a universally recognized principle international law and enters as component into the legal system of the Russian Federation, the specific forms of its implementation, since they are not established by the 1972 Convention, should be determined by the relevant legal acts RF;

at the time of issuance of the disputed 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, Pulkovskoe Highway, designed by passages No. 10, 2a, 5, 5a and 6, in the Moskovsky District "(hereinafter referred to as the Resolution 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 approval from the Ministry of Culture of Russia when carrying out relevant work, indicate the presence general principles mechanism for obtaining the 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 (Monuments of History and Culture) 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 of November 16, 1972) is published at portal regulation.gov.ru 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 project documentation prepared for construction activities within the boundaries of a World Heritage property and its buffer zone, is subject to an assessment of the impact of such activities 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 allow for legislative level 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 in 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 investment projects in the buffer zones of World Heritage properties, 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 World Heritage zone. To some extent, this circumstance may reduce the investment attractiveness of the relevant 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 in voluntary 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

Application

Encumbrances and restrictions on land located in the zone of regulation of development and economic activity ZRZ - 3.

(From the Decree of the Administration Bryansk region).

2.2. Development regulation zones

and economic activity (ZRZ)

Zones of regulation of development and economic activity are established in territories connected with cultural heritage sites by a system of spatial relationships that have preserved components of the historical urban environment, or formed by new development, but included in the system of valuable urban panoramas and views, in order to preserve the historical characteristics of the urban planning background of cultural objects. heritage, as well as the compositional development of the urban ensemble using heritage sites as city-forming factors.

To this end, on the territory of the zones of regulation of development and economic activity, a general regulation is established with special requirements for subzones and sections of subzones.

2.2.1. General regulations within the boundaries of regulatory zones

construction and economic activities of objects

cultural heritage (CRH)

Within the boundaries of the zones of regulation of development and economic activity, it is not allowed:

construction and placement of enterprises that create increased cargo flows, explosive and potentially having a negative impact on cultural heritage sites;

placement of high-rise dominants that introduce dissonance into the three-dimensional composition of urban panoramas and views, reduce the compositional role of historical town-planning dominants, worsen the viewing conditions and characteristics of the urban background of cultural heritage sites and natural monuments;

demolition of historical buildings belonging to the category of registered buildings of historical development, with the exception of dismantling dilapidated and emergency ones, in accordance with the established procedure and the conclusion of the historical and cultural expertise.

Within the boundaries of the zones of regulation of development and economic activity, it is allowed:

construction of new, reconstruction of existing buildings and structures, road network, improvement, planting of greenery in accordance with the regulations and special requirements;

demolition of emergency disharmonious objects;

placement in separate areas, in accordance with the Rules land use and development of a part of the territory of the city of Bryansk and these regulations, high-rise dominants and accents that positively form the urban environment.

Within the boundaries of the zones of regulation of development and economic activity, it is recommended:

visual neutralization of disharmonious objects using green buffer zones, changing their volumetric-spatial solution, changing the architectural solution of facades, demolition as they are depreciated;

takeaway industrial enterprises, construction on their territories of objects that meet the requirements of the regulations of the Rules for land use and development of a part of the territory of the city of Bryansk;

development, in agreement with government agency protection of cultural heritage sites, complex planning and land surveying projects, as well as development projects for areas subject to urban transformation (including convertible industrial areas). As part of such projects, there should be sections of special historical, cultural and visual landscape justifications with detailed urban planning regulations for the protection of cultural heritage sites.

Subject to the provisions of this regulation, urban planning regulations on the types and parameters of the permitted use of real estate provided for these sites by the Rules for Land Use and Development of a Part of the City of Bryansk are in force on the sites of the development and economic activity regulation zone.

According to the general directions of urban development (development within the framework of existing building morphotypes, limited reconstruction, transformation), the territory of the development and economic activity regulation zone is divided into 5 subzones, in which, in turn, 8 sections of the zones are distinguished, differing in the parameters of permissible building changes real estate objects.

2.2.4. Special requirements in subzone ЗРЗ.3

Within the boundaries of subzone ЗРЗ.3, it is allowed:

urban development of territories with a change in existing building morphotypes and an excess of the prevailing height of the existing building in this zone;

building reconstruction and structures with a possible superstructure (with the exception of buildings belonging to the category of accounting buildings of historical development);

creation of new high-rise accents;

the placement of new high-rise dominants (buildings and structures that exceed the silhouette-forming height of the development of this zone by more than 1/4) refers to the conditionally permitted types of use of land plots in the zone. The issuance of a permit for the placement of new high-rise dominants is carried out in the manner prescribed by the Rules for Land Use and Development of a Part of the Territory of the City of Bryansk for Conditionally Permitted Uses of Real Estate. However, legal or individual, interested in obtaining such a permit, is obliged to submit to the commission for the preparation of the draft Rules for land use and development of the territory of the city of Bryansk materials of urban planning and compositional justification for the placement of a high-altitude dominant with visual landscape analysis (drawings of a 3D model of the projected object in photo panoramas from control viewpoints, sweeps, perspectives, master plan).