There are plans to allow a summer terrace on Mariupolska Street in Mykolaiv, even though the court has ruled the development to be unlawful

Mykolaiv is considering allowing a summer terrace on Mariupolska Street. Archive photo NikVesti

In Mykolaiv, there are plans to allow the installation of a summer terrace for the company Fan Club on Mariupolska Street. However, in 2020, a court ordered them to vacate the illegally occupied site.

The relevant draft decision is set to be put to a vote at the city council meeting scheduled for 26 March, reports NikVesti.

This concerns permission for the Fan Club company to register a 40-square-metre plot of land near building № 37 on Mariupolska Street, at the junction with Pavlo Skoropadskyi Street (Admiral Makarov Street). They plan to set up a covered summer terrace for business activities there. Currently, the Korean restaurant Yummi Kim is located at this address.

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The draft decision states that, following its adoption, the company must prepare technical documentation and submit it to the city council within six months.

At the same time, the city council’s legal department has highlighted a number of comments regarding the draft. In particular, the materials do not include the conclusions of the relevant parliamentary committees responsible for land relations, architecture and business. This may indicate a failure to comply with the procedure.

Lawyers also note that the current procedure for the placement of temporary structures in the city requires alignment with the Land Code of Ukraine, particularly regarding the mechanism for establishing easements.

Furthermore, the department highlighted a 2020 ruling by the Commercial Court of Mykolaiv Oblast, which ordered the company ‘Fan Club’ to vacate the land plot it had occupied without authorisation at the same address and to remove the structures. The court deemed them to be unauthorised constructions.

According to the city council, there is currently no information as to whether this decision has been complied with. At the same time, enforcement proceedings have been initiated in relation to it, and the court decisions themselves are binding.

The Legal Department recommends taking these comments into account during further consideration of the draft decision. The final decision on granting permission will be taken by the city council members.

The chief architect of the city, Yevhen Poliakov, is the proposer and rapporteur of the draft decision at the session. It should be noted that, according to the conclusion of the Department of Architecture and Urban Planning, this area is designated as an undeveloped plot of land.

Proposals from the Legal Department of Mykolaiv City Council regarding the draft decision

Proposals from the Legal Department of Mykolaiv City Council regarding the draft decision

Proposals from the Legal Department of Mykolaiv City Council regarding the draft decision

As a reminder, at the junction near the Khvylynka bus stop in Mykolaiv, which was cleared of unauthorised trading stalls six years ago, a new kiosk has been installed, which the city council has agreed to lease to an entrepreneur for 10 years.

Following this, Mykolaiv’s chief architect, Yevhen Poliakov, reacted to the installation of the new kiosk on Soborna Street, describing its owners as «utterly unreasonable».

The Department of Internal Financial Control, Supervision and Anti-Corruption of the Mykolaiv City Council pointed out that in 2019, this area had been completely cleared of the market that had marred the appearance of the junction on Vadym Blahovistnyi Street (formerly Nikolska Street) for decades.

The Mykolaiv City Council’s website reported at the time that the «legacy of the 90s» had been successfully dismantled. However, with the approval of the Department of Architecture and Urban Planning, as the department added, a new kiosk has appeared on the site.