History of the road located at Vadul Moldovei Street and Impact’s efforts to maintain it as an access road

23Jan2023

Bucharest, 15.01.2023

1. History of Vadul Moldovei Street

1.1. The status of Vadul Moldovei Street as a public road dates back almost 50 years, more precisely to 18.09.1972, the date on which the then government, by Decision No. 1068 (Annex No. 1), approves the removal of some plots of land from the forest fund, in order to build roads to ensure optimal access to recreational areas in the Băneasa forest. Together with Vadul Moldovei, other access roads became roads of public interest, which today also have the status of forest roads. These documents were identified at the National Archives in 2018, well beyond the legal deadline for reviewing the court ruling on the qualification of the Road as a forest road.

1.2. Subsequent to its declaration as a public road in 1979, the State Council of the country issued Decree No. 284/1979 (Annex No. 2), which drew the boundaries of the districts of Bucharest, still valid today. In this decree, Vadul Moldovei Street is specifically mentioned as being part of and constituting the boundary of District 1, as follows:

“District 1 – Located in the North-Western part of the municipality, between Districts 2 and 6, has the following boundary: … to the East, the boundary is a conventional line starting from the Western edge of the Tunari Forest to Vadul Moldovei Street (inclusively), continues along this street including the Băneasa Zoo, continues South to the intersection of the Bucharest – Constanța railway line with Pipera road…”

At present, Vadul Moldovei Street (hereinafter referred to as the “Road”) is divided into three sections, as shown in the plans and land book excerpts (Annex 13.1, Annex 13.2, Annex 13.3, Annex 13.4). All three plots have the same legal status, i.e. they are owned by the Romanian State and administered by the National Forest Administration Romsilva. Two of the stretches are the asphalted part, approx. 1.2 km long (the first stretch is between Privighetorilor Alley and the barrier built near the Shooting Range, this stretch of forest road is currently open to traffic; the second stretch is between the barrier built at the Shooting Range and the limit of the asphalted section closed to traffic, and the third stretch is the unpaved section, bordered by the barrier built at the entrance to Pădurea Pustnicu Road, approx. 380 ml and 3009 sq m representing a boundary line between Băneasa Forest and Tunari Forest).

1.3. In 2007, the year in which the Greenfield Băneasa project was born, the National Forest Administration sued the Bucharest City Hall, the road’s administrator at the time, and, claiming that Vadul Moldovei Street was a forest road, even though it was paved, trafficked, included in the nomenclature of public streets, and based on which construction authorizations had been issued, claimed the right to exploit it. Unexpectedly, it also wins the case.

1.4. Also, since 2007, the use of this access road, Vadul Moldovei Street, has been ensured based on Civil Ruling No. 10050/25 June 2007, issued by the Bucharest District 1 Court, in File No. 8918/299/2007. This ruling granted the application for an injunction filed by developer Impact (at the time when the construction of the Greenfield Băneasa residential neighborhood began) and ordered Romsilva to allow access by vehicles and pedestrian on the Vadul Moldovei access road to the plot of land owned exclusively by Impact at that time.

1.5. This court measure was provisional and was ordered pending the settlement of File No. 9122/299/2007, the case which represented the merits whereby Impact requested that Romsilva be ordered to respect such company’s right of access by vehicles and pedestrian to the road in question.

1.6. File No. 9122/299/2007 was settled by rejecting the claim on the essential ground that Impact has access to the buildings located in the Greenfield residential complex via Teișani Alley – Pădurea Pustnicu Street.

1.7. Since the closure of the road made access considerably more difficult for the almost 5,000 inhabitants of the neighborhood and the 400 pupils attending the private educational establishment operating in the neighborhood, on the only access road remaining open, the Bucharest City Hall decided in 2017 to establish a working group to remedy this situation. Together with the Ministry of Environment and the National Forest Administration, a legal solution was finally identified.

1.8. Thus, a number of decisions were adopted having as their object measures taken to unblock the situation regarding the Road:

• by the Bucharest General Council: CGMB Decision No. 218/08.06.2017 (Annex No. 3), CGMB Decision No. 608/19.12.2017 (Annex No. 4);
• by the Bucharest District 1 Local Council: CLS1 Decision No. 236/31.07.2017 (Annex No. 5), CLS1 Decision No. 278/01.09.2017 (Annex No. 6), Decision No. 345/31.10.2017 (Annex No. 7), CLS1 Decision No. 1/31.01.2018 (Annex No. 8);
• by the Board of Directors of Romsilva, for the transfer of some forest roads and related plots of land from the public domain of the Romanian State and from the administration of Romsilva to the public domain of the Bucharest Municipality;
• a use agreement was concluded between Romsilva and the Bucharest District 1 for the public use of two (2) forest roads, with vehicles, etc. (Annex No. 9).

1.9. Furthermore, in support of this approach, Impact Developer & Contractor S.A. (“Impact”) donated three (3) plots of land having a total area of 6,000 sq m, located within the built-up area of the Bucharest District 1 (the “Donated Plots of Land”) in order to carry out the formalities for the transfer of the Road from the public domain of the Romanian State – under the administration of Romsilva, to the public domain of the Bucharest Municipality, as follows:

The company made a donation offer authenticated under No. 1529 dated 21 September 2017 to the Bucharest Municipality (through the Bucharest Municipality General Council), amended by Additional Act No. 1 authenticated under No. 1696 dated 25 October 2017 (Annex No. 10), which imposed an obligation on the donee, as follows: “the obligation of giving the object of the Donation Offer in compensation to Romsilva, according to Art. 37 of the Romanian Forest Code, in order to open public access between Privighetorilor Alley and Pădurea Pustnicu Road, on the section that overlaps with the forest road FE00868D1, in application of Decisions of the Municipality Bucharest General Council and the District 1 Local Council No. 218/2017 and 278/2017 respectively” (Annex No. 10).

1.10. The Bucharest Municipality General Council issued Resolution No. 513 of 31.10.2017 (Annex No. 11) based on which it accepted the donation with encumbrances and approved the conclusion of the donation agreement subject to obtaining Romsilva’s consent and that the said donation agreement be concluded within thirty (30) days from the moment when this consent is obtained.

1.11. On 18.05.2018, Romsilva issued Endorsement No. 11133/C.M.R/18.05.2018 on the acceptance of the donation, thus confirming that the Donated Plots of Land have the characteristics required by the Forest Code in order to be offered in compensation to Romsilva for the plot of land having a surface area of 3,009 sq m (unpaved portion), i.e. plot of land located within the built-up area, located in the same TAU as the forest land, adjacent to a forest body, suitable for afforestation.

1.12. The donation was accepted by the Bucharest Municipality by the Acceptance Deed authenticated under No. 969 dated 13.06.2018 (Annex No. 12).

1.13. By accepting the donation, the Bucharest Municipality became aware of the content of Endorsement No. 11133/C.M.R/18.05.2018 issued by Romsilva and undertook to give in compensation the Donated Plots of Land to Romsilva, in order to open up public access between Privighetorilor Alley and Pădurea Pustnicu Road.

1.14. In addition, the correlative mentions were registered with the relevant books of the Donated Plots of Land, so that, at present, the Bucharest Municipality is registered as the owner of the Donated Plots of Land, and the encumbrance incumbent upon the latter is registered. In support of the above, we attach recent land book excerpts (Annex No. 13.1, Annex No. 13.2, Annex 13.3).

1.15. Further, on 20.09.2019, Romsilva issued Endorsement No. 476 (Annex No. 14) for the definitive removal of 3,009 sq m of land from the forest fund in public ownership of the Romanian State for the construction of the access road – beneficiary Bucharest Municipality, as well as for the insertion into the forest circuit, in equivalent compensation, of the Donated Plots of Land.

1.16. In 2022, Impact sent notifications to the following institutions: the Bucharest Municipality through the General Mayor, the Bucharest Municipality General Council, the National Forest Administration Romsilva, the Bucharest District 1 Mayor, the Bucharest District 1 Local Council. By these notifications, Impact requested the authorities to complete all the steps already initiated, to pay the necessary fees, to carry out the obligation assumed by accepting the Donated Plots of Land, so that, finally, the Road could be transferred from the public domain of the Romanian State, under the administration of Romsilva, to the public domain of the Bucharest Municipality, under the administration of the Bucharest Municipality General Council, in order to allow public access to the Road. For reference we attach the Letter sent to the Bucharest Municipality with the mention that all the authorities mentioned above received the same notification (Annex No. 15).

2. Constructions in progress in Greenfield Băneasa

2.1. By Decision of the Bucharest Municipality General Council No. 705/2019 the Zonal Urbanism Plan P.U.Z. – Teișani Alley – 56-64 Pădurea Neagră Road, District 1 Greenfield Residential Complex was approved (hereinafter referred to as the “P.U.Z. Greenfield”).

2.2. Based on the regulations laid down in the P.U.Z. Greenfield, the following were issued:

(a) Construction Authorization No. 434/35/P/40095/28.10.2020 for the execution of construction works, phased for the “Residential Complex with the following functions: 11 collective dwellings with height regime P+10E+E.th. (Ground Floor + 10 Floors + Technical Floor) (913 apartments); 2 collective dwellings with height regime Sgeneral+P+10E+E.th (General Basement + Ground Floor + 10 Floors + Technical Floor) (185 apartments); 1 collective dwelling with height regime S+P+10E+E.th. (Basement + Ground Floor + 10 Floors + Technical Floor) (69 apartments); 1 office building with height regime P+2E+E.th (Ground Floor + 2 Floors + Technical Floor); 1 community center with height regime S+P+1E (Basement + Ground Floor + 1 Floor); 1 parking building with height regime Spartial+P+7E+E.th. (Partial Basement + Ground Floor + 7 Floors + Technical Floor); 1 car wash, with all related interior installations; substations, vehicle access ramp in basement; vehicle and pedestrian traffic; parking lots; landscaping”; and

(b) Construction Authorization No. 435/36/P/38960/28.10.2020 for the construction of “Two multi-family dwellings with height regime S+P+9E+E.th. (Basement + Ground Floor + 9 Floors + Technical Floor) (65 apartments) – S+P+5E+E6r (Basement + Ground Floor + 5 Floors + 6 Floor recessed) (32 apartments), with related interior installations”.

2.3. As regards Construction Authorization No. 435/36/P/28.10.2020, all constructions were completed and accepted according to Reception Minutes upon Completion of Works No. 18 dated 28.06.2022.

2.4. As regards Construction Authorization No. 434/35/P/28.10.2020, part of the constructions (Impact office building and Greenfield Plaza) was completed according to Reception Minutes upon Completion of Works No. 19 dated 19.08.2022.

2.5. The Eco Civica Foundation and three natural persons not resident in Greenfield Băneasa, domiciled in Privighetorilor Alley (first section), filed an action for the suspension and annulment of the P.U.Z. Greenfield, suspension and annulment of Construction Authorizations No. 434/35/P/2020 and No. 435/36/P/2020, annulment of certain prior endorsements, and cancellation of works. The action forms the object of File No. 4122/3/2022, which was registered on the dockets of the Bucharest Tribunal. In Impact’s opinion, the heads of claim are ungrounded, and Impact hired legal and planning specialists to defend the documents challenged by this group.

2.6. At present, the challenged documents are valid and fully effective, and no ruling was issued for their suspension or annulment.

3. Actions taken by Impact to implement three (3) additional access solutions for the Greenfield Băneasa neighborhood

Starting with 2017, Impact has taken steps and submitted three (3) urbanism documents for the construction of three (3) additional accesses for the residents of the Greenfield Băneasa neighborhood.

3.1. For the performance of the first access, “Improvement of the Teișani Alley intersection and the DN1 belt road and the intersection of the DN1 belt road with the Bucharest belt” (hereinafter referred to as P.U.Z. ACCESS 1) – Impact purchased a 1,000 sq m plot of land in the forest category.

• In order to perform this access, Impact initiated a P.U.Z. together with obtaining Urbanism Certificate 648/R/1645674 dated 14.09.2018. Based on such urbanism certificate, Impact obtained a series of endorsements and prepared a complex documentation. In this respect, Preliminary Endorsement No. 11 of 21.02.2019 was obtained.
• The table below shows the activities 2020-2022, indicating the registration numbers with the Bucharest City Hall.

• Given that, under the specific legislation, CNAIR can request the removal from the forest fund of the plots of land used for the extension, widening, improvement of national roads and motorways, in December 2020, Impact sent a letter to CNAIR expressing its interest in identifying the possibilities of collaboration for the implementation as soon as possible of this traffic solution that not only improves access to the adjacent residential area, located approx. 3 km, but, above all, according to the traffic studies carried out, it will also improve traffic flow on DN1 in the Otopeni Bridge area compared to the current situation, where traffic jams and standing in terms of length and duration are created at peak times.
• On 17.06.2022, Impact submitted to CNAIR an offer to donate 1,000 sq m of land (Annex No. 17). Until present, we have not received any response.

3.2. Impact acquired a 4,149 sq m plot of land located within the built-up area, at 105-117 Teișani Alley (Formerly No. 13A), in order to build a new access to serve the residents of the Greenfield Băneasa neighborhood (hereinafter referred to as P.U.Z. ACCESS 2). Currently, the market value of this plot of land is over EUR 1,000,000 plus VAT.

• The accessibility solution involves creating a level crossing with the railway under the DNCB swing bridge, thus creating a new link between Teișani Alley and DN1 via Horia, Cloșca and Crișan Street. The new traffic solution will ensure the outflow to both Bucharest and Otopeni.
• For the implementation of the traffic solution, Impact initiated a P.U.Z. which is in the approval phase at the Bucharest City Hall. The steps for obtaining P.U.Z. ACCESS 2 were initiated in 2019, starting with obtaining Urbanism Certificate No. 1155/54/T/18363 of 25.07.2017 (extended) (Annex No. 18) and Urbanism Certificate No. 656/26/T/23509 of 29.06.2020 (extended) (Annex No. 19).
• Impact contracted and paid for all specialized services and obtained the required endorsements, the mentioned urbanism certificates and thus increased the initial investment by significant amounts.
• After each additional request received from the Bucharest Municipality during 2019-2022, Impact completed the documentation. Thus, in 2019 it completed the documentation on the following dates: 01.04.2019, 08.04.2019, 25.04.2019, 15.05.2019, 16.07.2019, 21.10.2019, 16.12.2019. Efforts were maintained in 2020 and on 21.07.2020, Impact submitted the documentation to the Traffic Commission.
• The year 2021 also implied works on the documentation required to obtain the P.U.Z. The documentation was completed on 30.03.2021 with Apa Nova’s endorsement – once Apa Nova took over the water and sewage networks in the neighborhood. On 21.04.2021, Impact completed the documentation again.
• In March 2022, the Bucharest City Hall sent a letter requesting Impact to review the project. Impact redrafted the documentation as requested by the authorities and, on 25.11.2022, resubmitted the documentation to the Bucharest City Hall. Currently, the Bucharest Municipality Chief Architect is requested to verify the completed and updated documentation and issue his endorsement. After obtaining this endorsement, the decision of the Bucharest Municipality General Council must be approved.
• In public interventions related to the closure of the Road, the Mayor of Bucharest confirmed the status of this project to obtain the P.U.Z. as presented above and stated that, subsequent to the issuance of the Chief Architect’s endorsement, he will submit the P.U.Z. for approval to the councilors.
• The description of the works is mentioned in the table below:

3.3. The third access, “Road access from Teișani Alley in the Northern area, km 1+970 – km 13+987”, P.U.Z. ACCESS 3 – will be located in the area of the Greenfield Plaza shopping center, more precisely near km 14 of the DNCB. We still must obtain the endorsement of the Bucharest Municipality Network Coordination Commission (submitted in October 2020, it was completed after the connection to the public water/sewerage network), the latest endorsement; after obtaining it, the entire documentation will be submitted to the Bucharest Municipality in order to obtain the Chief Architect’s endorsement, afterwards it will be approved by the Bucharest Municipality General Council.

4. Other actions required

4.1. The Bucharest Municipality, the Bucharest Municipality General Council or the District 1 City Hall which is empowered by HCGMB 608 of 19.12. 2017 to take actions on behalf of the Bucharest Municipality for the transfer, from the public domain of the State and the administration of Romsilva, to the public domain of the Bucharest Municipality, of the land surface area necessary for the construction of an access road, to send to the Bucharest Municipality the documents obtained for achieving this step, to pay the fee of RON 80,115.83 for the definitive removal of the plot of land from the national forest fund, according to Letter of the Forest Guard No. 527 of 19.01.2022.

4.2. The Bucharest Municipality, through the General Mayor, to perform the obligation provided for in the Donation Agreement, namely, to give “the object of the Donation Offer in compensation to Romsilva, according to Art. 37 of the Romanian Forest Code, in order to open public access between Privighetorilor Alley and Pădurea Pustnicu Road, on the section that overlaps with the forest road FE00868D1, in application of Decisions of the Municipality Bucharest General Council and the District 1 Local Council No. 218/2017 and 278/2017 respectively”.

4.3. The Municipality Bucharest General Council and Romsilva to request the Romanian Government to issue a decision based on which the free transfer of the Road from the public domain of the Romanian State, under the administration of Romsilva, to the public domain of the Bucharest Municipality, under the administration of the Municipality Bucharest General Council, is established.

The purpose of this document is to present the current legal status of the Vadul Moldovei road, and the potential actions required to unblock the situation. This information document is addressed to the inhabitants of the Greenfield Băneasa neighborhood so that they are as well informed as possible. The aspects presented are based on Impact’s interpretation of the de facto situation. Although we believe that the information and potential conclusions are well grounded and justified, we cannot exclude that a competent authority or a court of law may have a different interpretation of the aspects communicated. This document contains no guarantees and/or promises as to the finality of the steps taken and may not be used to substantiate any opinion, action, or inaction of third parties, regardless of the purpose a person may pursue.

5. Annexes