The supreme court ruled that the study is not sufficiently justified, neither with regard to the proposed deviations from the urban planning sizes and land uses provided for in the GIS, especially in the critical Spatial Unit 1, nor with regard to the study on the carrying capacity of the area.
Specifically, according to the judges, it is not documented, in a special way and by quoting specific data about the potential of the project, in view of the objections raised during the consultation, the smooth integration of the property, with the proposed deviating building conditions, into the current GIS, but only attempts, in an abstract way, a numerical comparison between valid (based on GIS), theoretically maximum possible (under the version of STK or ESHASE or the off-plan building) and the proposed sizes.
The judges judged as insufficient the justification of the approval of the plan by the Central Urban Planning Council (KESYPOTHA) as "its judgment is not based on a study with the above required characteristics, and "accepts, in a conclusive manner, that the overlying planning is not overturned and the spatial planning function of the area, without issuing a specific and justified judgment on the non-overthrow of the urban planning regime of the area".
