The decision of the Ogre Regional Council to deny the construction permit for the telecommunications tower is illegal, ruled the Supreme Court. The council's appeal was denied.
The municipality filed a complaint against the decision of the Administrative District Court, which recognized the decision of the council, made in 2023 under the influence of public protests, as illegal.
The lawsuit against the council was filed by TeleTowe. The company requested approval from the Ogre construction authority for the construction plan of a 60-meter telecommunications tower but was denied by the authorities. Municipal officials mainly cited objections raised by local residents during the public discussion of the plan.
The Administrative District Court granted the lawsuit, recognizing the challenged decision of the Ogre council as illegal — as it did not specify any valid reasons preventing the implementation of the construction plan. The approved development plan was also narrowed, which hindered the placement of such an infrastructure object on the land plot that would comply with the planning.
The Administrative District Court established that there were no visible obstacles to issuing a construction permit and additionally noted that such communication facilities are characteristic and necessary in an urban environment, while the Ogre authorities placed subjective concerns of the population regarding the impact of the communication tower on human health and general aversion to the project above the interests of the applicant, without assessing them substantively.
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