Sanitary protection zone of the road. Sanitary protection zone from the railway and railway security zone - page 11

Case No. 2-2235/2013

DECISION

Oktyabrsky District Court of Izhevsk consisting of:

presiding judge Ivanova M.A.,

under the secretary Rassomahina O.B.,

examined in open court a civil case at the request of Jess A.E. challenging the decision of the local government,

u s t a n o v i l:

Jess A.E. appealed to the court with a statement challenging the decision of the local government - refusal to issue a permit for the construction of an individual residential building at:. The requirements are motivated by the following.

The applicant is the owner of the above land plot and the residential building located on it. In order to obtain a permit for the construction of an individual residential building, he applied to the GUAiG of the Administration of Izhevsk with a corresponding application. The issuance of a permit to build a house was refused due to the fact that the land plot is located in a sanitary protection zone railway.

Applicant Jess A.E. arguments and requirements set out in the statement, supported, asked the statement to satisfy.

Representative person concerned Head of the Department of Architecture and Urban Planning of the Administration of Izhevsk Kazakova N.V. claims of the applicant considers unreasonable and not subject to satisfaction. The applicant was refused on the grounds that the land plot is located in the sanitary protection zone of the railway, and in accordance with the SanPiN rules, the allotted land for placement residential buildings must be located outside the territories of sanitary protection zones of enterprises, structures and other objects.

After listening to the explanations of the participants in the process who appeared, examining the case materials, the court comes to the following.

The applicant is the owner of a land plot and a residential building at: .

On February 4, 2013, the applicant applied to the Main Department of Architecture and Urban Planning of the Administration of Izhevsk with an application for a permit for the construction of an individual residential building at: .

On February 18, 2013, the applicant was denied a building permit due to the fact that the land plot is located in the sanitary protection zone of the railway.

The above circumstances are confirmed in court by the examined evidence.

By virtue of Part 1 of Article 254 of the Civil Procedure Code of the Russian Federation, citizens have the right to challenge in court the decision of a local government body if they believe that their rights and freedoms have been violated.

According to Article 256 of the Civil Procedure Code of the Russian Federation, a citizen has the right to apply to the court with a statement within three months from the date when he became aware of the violation of his rights and freedoms.

The Applicant disputes the decision of the GUAiG to refuse to issue a permit for the construction of an individual residential building dated February 18, 2013 to April 3, 2013, that is, within the prescribed period.

Considering the requirements of Jess A.E. Essentially, the court proceeds from the following.

According to paragraph 25 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated February 10, 2009 No. 2 "On the practice of consideration by courts of cases on challenging decisions, actions (inaction) of bodies state power, local governments, officials, state and municipal employees" when considering the case on the merits, the court should find out:

whether the body (person) has the authority to make a decision or take an action;

whether the procedure for making decisions, taking actions by a body or a person is observed in the event that such requirements are established by regulatory legal acts(form, terms, grounds, procedure, etc.). At the same time, it should be borne in mind that the illegality of the contested decisions, actions (inaction) is evidenced only by a significant non-compliance with the established procedure;

whether the content of the disputed decision, action (inaction) committed meets the requirements of the law and other regulatory legal act governing these legal relations.

The basis for satisfying the application may be a violation of the requirements of the law on at least one of the grounds indicating illegality decisions taken, committed actions (inaction).

In accordance with Part 4 of Article of the Russian Federation, building permits are issued by the local government.

A similar provision is contained in Article 44 of the Charter of the Administration of Izhevsk, according to which the issuance of building permits falls within the competence of the Administration of Izhevsk.

Clause 2.7 of the "Regulations on the Main Department of Architecture and Urban Planning of the Administration of the City of Izhevsk", approved by the Decision of the City Duma of Izhevsk dated 06.06. urban district, carried out by the Main Department of Architecture and Urban Planning of the Administration of Izhevsk.

Thus, the GUAiG of the Administration of Izhevsk has the power to decide on the refusal to issue building permits.

Considering the question of whether the refusal to grant the applicants permission to build an individual residential building is in accordance with the law, the court concludes as follows.

In accordance with paragraph 1 of the article, the owner has the right to own, use and dispose of his property.

I DECIDED:

Statement by Jess A.E. to challenge the decision of the local self-government body to satisfy.

To recognize as illegal the refusal of the Main Department of Architecture and Urban Planning of the Administration of Izhevsk dated February 18, 2013 to extradite Jess A.E. permits for the construction of an individual residential building.

Assign to the Main Department of Architecture and Urban Planning of the Administration of Izhevsk the obligation to issue Jess A.E. permission to build an individual residential building at: .

The decision can be appealed within a month from the date of its issuance in final form to the Supreme Court of the UR through the district court.

presiding judge M.A. Ivanova

Sanitary protective zone from the railroad and secured territory railroad.

Within the borders of the municipality of Tambov Village Council, there is a section of the railway of the Branch of the Russian Railways of the Volga Railway.

In accordance with clause 6.8. SNiP 2.07.01-89* Urban planning” the sanitary protection zone from the railway to residential development should be 100m.

In the graphic part of the project master plan 100 m sanitary protection zone is indicated.

The norms of SNiP allow the reduction of the sanitary protection zone to 50m in the implementation special events. When developing planning projects that provide for special events, and when developing an appropriate justification, it is possible to reduce the sanitary protection zone to 50 m.

Railway security zones are established in order to ensure traffic and operation safety railway transport.

The dimensions of the protection zones of railways are established in accordance with departmental standards, land management, urban planning and project documentation, general schemes for the development of railway lines, junctions and stations, as well as taking into account the existing land use and previously approved sizes and boundaries of right-of-way and protected zones.

The sizes of land plots of protected zones are determined based on the relief and natural conditions terrain, the need to create protection for residential development settlements from excessive noise of passing trains, from possible accidents with transported fire-explosive and dangerous goods, other factors, as well as the need for a phased development of railway transport facilities 30 .

Within the boundaries of protected zones, in order to ensure the safety of traffic and operation of railway transport, prohibitions or restrictions on the following activities may be established:

construction capital buildings and structures, arrangement of temporary roads, felling of trees and shrubs, removal of sod cover, carrying out earthworks, except for cases when the implementation of these activities is necessary to ensure the stable, uninterrupted and safe operation of railway transport, improve the quality of service for users of railway transport services, as well as in connection with the installation, maintenance and repair of linear structures;

plowing of land;

grazing;

release of surface and household waters 31 .

In the graphic part of the project, only the sanitary protection zone from the railway section to residential development is indicated. There is no information about the borders of the railway buffer zone, but, based on the above standards, the boundaries of the buffer zone should not go beyond 100 m of the sanitary protection zone.

Border zone.

In accordance with Art. 13, 21 of the Law of the Russian Federation "On the State Border of the Russian Federation" of 04/01/1993 No. 4730-1 are installed:

Restrictions on economic and other activities within 5 km of the strip of terrain from the State Border;

Border zone.

The border regime serves exclusively the interests of the establishment necessary conditions protection of the State Border and includes the rules:

in the border zone:

entry (passage), temporary stay, movement of persons and vehicles.

economic, fishing and other activities, holding mass socio-political, cultural and other events within a five-kilometer strip of terrain along the State Border on land, the sea coast of the Russian Federation, Russian banks of border rivers, lakes and other water bodies and on the islands on the specified water bodies, as well as to the boundary of engineering structures in cases where it is located outside the five-kilometer strip of terrain.

The border zone is established within the territory of settlements and inter-settlement territories adjacent to the State Border on land, the sea coast of the Russian Federation, the Russian banks of border rivers, lakes and other water bodies, and within the territories of islands on these water bodies. The border zone, at the proposal of local self-government bodies of settlements, may not include certain territories of settlements and sanatoriums, rest houses, other health-improving institutions, institutions (objects) of culture, as well as places of mass recreation, active water use, religious rites and other places of traditional mass stay citizens. Warning signs are installed at the entrances to the border zone.

Features of economic, commercial and other activities related to the use of lands, forests, subsoil, water resources, holding mass socio-political, cultural and other events in the border zone are regulated federal laws, normative legal acts of local governments. Economic, fishing and other activities, holding mass socio-political, cultural and other events within a five-kilometer strip of terrain or to the boundary of engineering structures in cases where it is located outside a five-kilometer strip of terrain, are carried out on the basis of a permit, and in the rest of the - Notifying the border authorities. 32

In accordance with the Order of the Federal Security Service of the Russian Federation dated March 2, 2006 No. 75, the border zone of the Astrakhan region was established, including in the municipality "Kharabalinsky district", including the winter road Black Well, the winter road Chorinki, excluding the cordon Kharabalinsky, Dosshan hillock. 33

In accordance with the Decree of the President of the Russian Federation of January 9, 2011 No. No. 26 “On Approval of the List of Border Territories Where Foreign Citizens, Stateless Persons and Foreign legal entities cannot own land plots" the territory of the municipality "Kharabalinsky district" is classified as a border area where foreign citizens, stateless persons and foreign legal entities cannot own land plots.

In the graphic part of the project, the boundaries of the 5 km strip of terrain and the border zone are indicated.

Availability information on site municipality there are no other zones with special conditions for the use of the territory.

Public service system

Analysis of availability of facilities social sphere was carried out on the basis of data provided by the Administration of the municipality "Tambov Village Council".

There is no provision in the draft master plan for the specific location of service elements such as small businesses and Catering, pharmacies, etc., since in a market economy it makes no sense to standardize the placement of these facilities - the need for them is determined by the market, market methods also meet this need. The areas of possible placement of the above objects are displayed and detailed in the following land use and development rules. To provide necessary minimum provision with social facilities, it is necessary to consider such types of facilities as children's preschool institutions, comprehensive schools, hospitals and outpatient clinics, physical culture and sports facilities, cultural, entertainment and communal facilities.

Placement of social institutions

Education.

Education is one of the key units of the service sector of any municipality. In 2010, the educational network of the Tambov Village Council was represented by:

two institutions preschool education;

one day general education institution;

children's art school;

one house of culture, on the basis of which circles work with in-depth study of individual subjects.

Health facilities:

Medical services to the population of the Tambov Village Council are provided by one inpatient institution - a military hospital and two outpatient clinics - a polyclinic at the hospital, and one outpatient clinic located in the village. Tambovka.

Objects of culture and sports:

Represented by the MUK "House of Culture", the garrison House of Officers, in which a folk choir and a museum function. There are 3 libraries and a film installation in the Moscow Region. "DK s. Tambovka" is located in the village. Tambovka, st. Lenin.

Photo 5.1.1.

Building schools in the village Tambovka

Photo 5.1.2.

Club building in Tambovka

Social facilities are located mainly in the central part of the village of Tambovka. In the village of Ashuluk, social facilities are located on the territory of a military camp and are represented by a club building, a kindergarten, and the premises of a children's art school.

Placement of the main social facilities in the central part of the village of Tambovka, in particular, high school and a kindergarten, does not provide a standard radius of accessibility from the territory of residential areas located in the eastern part of the village.

In order to develop a network of educational, cultural, physical culture and sports facilities, it is necessary to complete the following activities within the estimated time frame:

building construction elementary school-kindergarten in with. Tambovka in the area existing school(for 50 seats in kindergarten and 5 classes in elementary school);

Construction of a medical outpatient clinic in the village. Tambovka between st. Stepnaya and st. Lenin in the area of a 2-storey apartment building;

Construction (installation) of FAP in Ashuluk village;

Construction of a FAP in the eastern part of the village. Tambovka in the quarter of complex low-rise housing construction.

Overhaul and reconstruction of the club building with the construction of an extension for the premises of the branch of the children's art school in the village. Tambovka.

Reservation of the territory and subsequent construction of a sports and recreation complex in the village of Tambovka with an extension to accommodate a branch of a children's and youth sports school and a complex of open flat structures;

Installation and improvement of 2 sports and 3 playgrounds in the village of Tambovka until 2015;

Installation and improvement of one sports and one children's playground in the village of Ashuluk until 2015.

The construction of new social facilities, especially the primary school-kindergarten, will not only increase the level of provision of the population with preschool education services, but also ensure the standard radius of accessibility.

Local self-government bodies reserve land plots for the construction of social facilities and, on the basis of this draft master plan, justify to higher municipal and state authorities the need for their construction (terms of construction, parameters of structures, boundaries of land plots allocated for them, it is possible to clarify in the documentation on area planning).

Placement of trade objects

At present, this service sector, being a fully market-oriented one, does not require capital investments from the state and local budgets. But market mechanisms in terms of placement of objects of trade, public catering and consumer services often conflict with the interests of various groups of the population and require regulation by local governments.

The objects of trade in the municipality are represented by enterprises of daily and periodic maintenance. On the territory of the village council there are 33 stores selling food and industrial types of goods, 3 catering points for 60 seats and gas stations. The total sales area of the shops is 1450 sq.m. The existing standards for the provision of these facilities have been exceeded by more than one and a half times, which positively characterizes this service sector in the municipality. Residents of the settlements of the Moscow Region receive the missing periodic and unique services in trade enterprises in the city of Kharabali and the city of Astrakhan, in the zone of influence of which the municipality is located.

Daily service trade objects are relatively evenly distributed over the territory of the municipality, periodic service trade objects are concentrated in the village. Tambovka, in two districts:

on st. October;

in the area of st. Roadside near the roadside market.

In the village of Ashuluk, trade facilities are located in the central part of the military camp.

During the reconstruction of residential quarters and new construction of residential buildings, it is necessary to provide in the built-in and attached premises on the first floors of the area for accommodating trade, public catering and consumer services. In the eastern part of Tambovka, within the boundaries of the territory of the projected complex housing construction, it is planned to organize a service sub-center, involving the construction of several trade and public catering facilities (displayed in the graphic part of the project).

A photo 5.2.1.

Roadside service facilities in with. Tambovka

The draft master plan proposes separate zones to allocate territories within the boundaries of the Moscow Region adjacent to the regional highway Astrakhan - Volgograd as well as within the boundaries of the village. Tambovka on the street. Roadside, and in the village of Ashuluk near the gas station. The zones will be designed to accommodate roadside service facilities, including trade, public catering, car maintenance and hotels. It is assumed that the above facilities will also serve a part of the population of the municipality.

On the basis of buildings and structures of the film set on the bank of the river. Ashuluk is planned to create a new historical and educational recreational area with a complex of entertainment and service facilities (cinema, exhibition hall, restaurant, cafe, hotels, etc.) and, accordingly, trade facilities.

The main directions for the development of a network of objects of trade, public catering and consumer services for the estimated period will be the creation of conditions for:

expansion of the list of offered goods and services;

reconstruction of unused buildings of consumer cooperatives into modern trade enterprises;

construction of roadside service enterprises on the territory of the Moscow Region;

attraction to the territory and construction of recreational facilities (recreation centers, hotels, beaches, etc.);

streamlining the placement of existing objects of trade with the elimination of existing contradictions;

expansion of the market of agricultural products by bringing to the requirements and norms established by the current legislation of the territories of markets and fairs;

organization of seasonal and fair trade in strictly designated places.

religious buildings

Religious buildings in the municipality are currently represented Orthodox Church located in with. Tambovka on the street. Sovetskaya, 51a, and the mosque building, also located in the village. Tambovka on the street. Kolkhoznaya, 4a.

A photo 5.3.1.

Church in with. Tambovka

A photo 5.3.2.

Mosque in with. Tambovka

Currently, there is no information about the intention of any denomination to build additional religious buildings on the territory of the municipality. This project does not provide for the reservation of land for the restoration of the church in its original place. Placement of additional religious buildings, if necessary, is possible in the central parts of the settlements of the municipality or at cemeteries.

Communal facilities

Communal facilities in the municipality are currently represented by plots of cemeteries, the building of a bath and laundry plant (on the territory of a military camp).

On the territory of the military camp there is a bath and laundry plant that provides services to the population of the town. Considering that in the estimated period it is planned to increase the provision of housing stock with baths or showers, bath services will be in demand mainly not as hygienic, but as recreational. It is assumed that bath services will be provided to the population of the municipality commercial sector economy, including as part of recreational facilities and roadside service facilities.

On the territory of the municipality there is no division of the state fire brigade, the territory of settlements is serviced by a subdivision located on the territory of the city of Kharabali. On the territory of the military training ground there is a departmental fire department.

Thus, the settlements of the Moscow Region, in accordance with the current standards (according to NPB 101-95), are provided with fire protection.

Currently, in accordance with the current regulations, the municipality is provided with cemeteries, both Christian and Muslim. Some of the Muslim burials are scattered across the steppe part of the municipality. The expansion of cemeteries and the organization of new cemeteries is not planned.

A photo 5.4.1.

Muslim k graveyard in the village Tambovka

There is currently no operating hotel in the municipality. In part, its functions are performed by tourist bases located on the territory of the Moscow Region. Within the estimated period, it is proposed to assist small businesses in the construction of one or more hotels (mini-hotels) in the adjacent territories to the Astrakhan-Volgograd highway. When developing rules for land use and building on the territory of residential areas being reconstructed, it is necessary to provide for the possibility of building tourist mini-hotels in the residential area of the village adjacent to the regional highway.

The population of the village should be provided with public latrines at the rate of 1 place per 1000 inhabitants, which, respectively, will be 4 places. It is proposed to place two public latrines for 2 places in the area of mass congestion in the village. Tambovka.

Transport complex

External transport

The municipality has the following types of communications - rail, road and water (river) transport. Aviation services to the population are provided by the Astrakhan airport. The construction of railways and roads has historically been carried out for communications Lower Volga with the rest of the country and the export of products, including from the Kharabalinsky district and the municipality.

Railway transport.

The railway line V. Baskunchak - Aksarayskaya of the Astrakhan branch of the Privolzhskaya railway passes through the territory of the municipality.

On the territory of the municipality in the village of Ashuluk, there is an eponymous railroad station. The station is currently carrying out both cargo and passenger work. The population of the Moscow Region uses the services of rail transport in long-distance, suburban and local communications.

A photo 6.1.1.

Railway station in Ashuluk

When planning the electrification of the Trubnaya-Verkhniy Baskunchak-Aksaraiskaya section of the railway, the Privolzhskaya Railway, a branch of Russian Railways, assumes the possible placement of energy supply facilities and other facilities on the territory of the Moscow Region. The placement of new facilities will be carried out in the right of way of the railway.

Water transport.

There are currently no mooring facilities for water transport on the territory of the municipality; passenger and cargo transportation by water transport is not currently carried out. The waterways passing through the territory of the Moscow Region are mainly suitable for tourism and recreational purposes using small boats.

Automobile transport.

The main passenger transport in the municipality is automobile. Regular bus service connects the settlements of the municipality with the district and regional centers. The passage of the regional highway Volgograd - Astrakhan through the village. Tambovka and the village of Ashuluk allow the local population to use the services of both their own (district) and “passing” intercity vehicles.

The village of Tambovka and the village of Ashuluk have access to a regular bus service. There is no bus station in the municipality. In the estimated period when placing roadside service facilities in the area with. Tambovka, it is necessary to provide for the premises of the bus station, combined with a roadside cafe.

Pipeline transport.

There are currently no pipeline transport facilities. In 2012-2015 on the territory of the municipality, it is planned to lay the gas pipeline branch "Makat - North Caucasus» - Kharabali - Akhtubinsk parallel to the regional road Astrakhan - Volgograd. During the development of hydrocarbon deposits on the territory of the municipality on the territory of the Kharabalinsky district, it is possible to build field oil pipelines and gas pipelines.

The draft master plan takes into account the possible implementation of the following activities within the estimated time of the project:

Consideration in the draft master plan of the possible reconstruction of the Astrakhan-Volgograd regional highway and assistance in choosing a route and subsequently reserving a land plot for the construction of a bypass section of the regional highway with. Tambovka.

Justification of the need to reconstruct the section of the road from the railway crossing to the regional highway Astrakhan - Volgograd along the power line outside the territory of settlements with. Tambovka and the village of Ashuluk.

Justification of the need to build a highway IV-V of a technical category for access to existing camp sites and a planned recreational area in the southwestern part of the Tambov village council (it is also possible to build on the basis of a public-private partnership).

General ... maps (diagrams) - approved part, as well as materialsonsubstantiationproject(justifying part). Regulations on territorial planning...

6. TRANSPORT AND ROAD NETWORK

6.1. When designing urban and rural settlements, it is necessary to provide for a unified system of transport and the road network in conjunction with the planning structure of the settlement and the territory adjacent to it, providing convenient, fast and safe transport links with all functional zones, with other settlements of the settlement system, objects located in the suburban area, external transport facilities and highways of the general network.

6.2. The time spent in cities for moving from places of residence to places of work for 90% of workers (one way) should not exceed, min, for cities with a population, thousand people:

2000 ...........................................................
1000 ...........................................................
500 ...........................................................
250 ...........................................................
100 or less ...............................................

For those who come to work in the city center from other settlements on a daily basis, the specified norms for spending time can be increased, but not more than twice.

For residents of rural settlements, the time spent on labor movements (on foot or using transport) within an agricultural enterprise, as a rule, should not exceed 30 minutes.

Notes: 1. For cities with a population of over 2 million people.

the maximum allowable time expenditure should be determined by special

justifications taking into account the actual resettlement, placement of places of application

labor and the level of development of transport systems.

2. For intermediate values of the estimated population of cities

the specified norms of time expenditure should be interpolated.

6.3. Bandwidth networks of streets, roads and transport intersections, the number of car storage places should be determined based on the level of motorization for the estimated period, cars per 1000 people: 200-250 cars, including 3-4 taxis and 2-3 departmental cars, 25-40 trucks depending on the composition of the park. Number of motorcycles and mopeds per 1000 people 50-100 units should be taken for cities with a population of over 100 thousand people. and 100-150 units for other settlements.

The number of cars arriving in the city center from other settlements of the resettlement system and transit cars is determined by a special calculation.

The specified level of motorization may be reduced or increased depending on local conditions, but not more than 20%.

OUTSIDE TRANSPORT

6.4. Passenger stations (railway, road, water transport and air terminals) should be located, providing transport links with the city center, between stations, with residential and industrial areas. It is allowed to provide combined or combined passenger stations for two or more modes of transport.

In cities served by airports with a passenger flow of at least 2 million people. per year, city air terminals should be created, and in other cases, air communication agencies or points of departure and arrival of air passengers.

6.5. New marshalling yards of the general railway network should be located outside the cities, and technical passenger stations, reserve rolling stock fleets, freight stations and container yards of the railway and road transport- outside the residential area. Warehouses and sites for bulk cargoes of long-term storage, located within the residential area, are subject to transfer to communal storage areas.

6.6. In suburban areas of large and largest cities, for the passage of transit trains, bypass lines should be provided with the placement of marshalling and freight stations of general hub significance on them. At the head sections of railways, with an intensity of suburban and intracity passenger traffic of more than 10 pairs of trains per hour, additional tracks should be provided, and, if necessary, the installation of deep railway entries or diameters in cities to ensure their interaction with urban high-speed transport.

6.7. Crossings of railway lines among themselves at different levels should be provided for lines of categories: I, II - outside the territory of settlements, III, IV - outside the residential area.

Within the territory of settlements, the intersection of railways at the same level with streets and highways, as well as with lines of electric public passenger transport should be provided in accordance with the requirements of SNiP II-39-76.

6.8. Residential buildings must be separated from railways by a sanitary protection zone 100 m wide, counting from the axis of the extreme railway track. When placing railways in a recess or when implementing special noise protection measures that ensure the requirements of SNiP II-12-77, the width of the sanitary protection zone can be reduced, but not more than 50 m. Distances from marshalling yards to residential buildings are taken on the basis of calculation taking into account the value of cargo turnover, fire and explosion hazard of transported goods, as well as acceptable levels noise and vibration.

In the sanitary protection zone, outside the right of way of the railway, it is allowed to place roads, garages, parking lots, warehouses, public utilities. At least 50% of the area of the sanitary protection zone must be landscaped. The width of the sanitary protection zone to the boundaries of garden plots should be taken at least 50 m.

6.9. Car roads a general network of categories I, II, III, as a rule, should be designed to bypass settlements in accordance with SNiP 2.05.02-85. The distances from the edge of the subgrade of these roads to development must be taken in accordance with SNiP 2.05.02-85 and the requirements of Sec. 9 of these standards, but not less: to residential development 100 m, to gardening associations 50 m; for category IV roads, 50 and 25 m should be taken, respectively. To protect buildings from noise and vehicle exhaust gases, a strip of green spaces with a width of at least 10 m should be provided along the road.

In the case of laying roads of the general network through the territory of settlements, they should be designed taking into account the requirements of these standards.