Merits of the case: challenging of the Decision of Lviv city council dated 12.09.24 on approval of the Detailed plan of the territory within Zabava str., B.Khmelnytskogo str. in Wynnyky town, upon the request of “Emili resort” LtD.
Region: Wynnyky town, Lviv territorial community, Lviv region
Core of the problem:
Deputies of Lviv city council on 12/09/ 2024 approved Detailed plan of the territory within Zabava str., B.Khmelnytskogo str. in Wynnyky town, upon request of “Emili resort” LtD.
Public consultations on the draft of this document, procedure of SEA were follwed by violations of legislation, Detailed plan of the territory itself violates legislation and foresees logging and development of Wynnyky forest.
The case is related to expansion of holiday Emili resort in Wynnyky around Wynnyky lake. Territory covered by the Detailed plan of the territory equals 118,8 ha. Detailed plan foresees that Emily resort will build hotel-sanatory facility with commercial premises, underground parking and tennis courts. From the North of territory of Detailed plan of the territory Wynnyky forest in located. Deputies of Lviv city council allowed via present Detailed plan the future change of purpose of the forest land plot into the lands of recreational purpose for 2 land plots. Such intentions violate the norms of Land Code of Ukraine, as art. 57 foresees that forest land plots could be allocated into permanent use to specialized state or municipal forest enterprises or organizations, which have established forest management departments. The change of purpose of forest lands requires governmental decision, thus the construction could start after such decision is taken. Construction plans on these forest lands include: apart-hotel, kindergarden with 400 seats capacity, school premises. Original version of the Detailed plan of the territory also included transformation of Wynnyky forest into urban park, but after wide public criticism developers of the detailed plan dropped this idea.
The Detailed plan is silent concerning locations and volumes of logging necessary to construct objects foreseen by the plan, also plan misses information on the results of examination of forest areas that will be developed on the presence of habitats of flora and fauna species listed in the Red Book of Ukraine, SEA report is also silent on this topic.
Regardless numerous comments from the public concerning illegality of planned development foreseen by the Detailed plan of the territory, these comments were not taken into account. Comments and complaints of EPL concerning the draft Detailed plan of the territory were left without consideration by Lviv city council. Thus, Lviv city council violated the rights of the public to participate in the development and approval of local development documentation on local level.
Contested Detailed plan also do not take into account other detailed plans of the territory developed earlier covering the same area, and contradicts Master plan of Wynnyky town. Territory of the forest covered by contested detailed plan, is named as protected landscape zone with construction ban, in accordance with the Master plan. It has Lysivka hill which is the archaeological site, has historical value and has protective zone around the hill.
Contested detailed plan “legalizes” violation of the long-term temporary use of forest area agreement, concluded with “Akademia footbolu” LtD on use of 19,6433 ha of forest area, as a result of construction of buildings in the forest, and transformation of natural lake Wynnykivske into eco-pool (what is this?).
Main facts:
In April 2025 EPL and 6 local citizens applied to court challenging the legality of the Decision of Lviv city council dated 12.09.24 on approval of the Detailed plan of the territory within Zabava str., B.Khmelnytskogo str. in Wynnyky town. Case № 380/4488/25 is heard by Lviv District Administrative Court.
