COBALT provides pro bono legal assistance to the Jurmala Protection Association in Constitutional Court case on building height restrictions

COBALT has provided pro bono legal support to the Jurmala Protection Association in a case before the Constitutional Court regarding local planning regulations for the city of Jurmala. Following the Association’s application, the Court has ruled that the local planning provisions for the land plot at Turaidas iela 10/12 are incompatible with Article 115 of the Constitution, which guarantees every individual the right to live in a favourable environment.

In its judgment delivered on 12 May 2026, the Constitutional Court held that the planned increase of the maximum building height to 20 metres and five storeys within a zone designated as an urban construction monument of national importance contradicts the city’s development strategy and requirements for the preservation of cultural heritage.

The Court found that the local authority, in adopting the contested regulations, had failed to assess their impact on cultural monuments of national importance. Furthermore, the local authority had not obtained the necessary permission from the National Heritage Board and had ignored its objections. The Court placed particular emphasis on the principle of sustainability, ruling that the municipality had failed to balance the interests of society and future generations in preserving cultural and historical values against the economic interests of the landowner. As a result, the previous version of the territorial plan, which protects the city’s historical identity, remains in force for the plot in question.

“This judgment from the Constitutional Court serves as a vital reminder of the local authority’s fundamental duty to ensure a thorough and high-quality territorial planning process. The Court has clearly stated that a sustainable urban environment is inconceivable without an objective balancing of interests and a deep reverence for the city’s historical identity, which forms the very foundation of Jurmala’s unique value,” stated Gabriela Šantare, Head of the Administrative and Criminal Litigation Practice Group at COBALT Latvia.

Pro bono legal assistance to the Jurmala Protection Association was provided by Head of the Administrative and Criminal Litigation Practice Group Gabriela Šantare. COBALT’s team also included Junior Associate Kārlis Ošs.

This follows a similar case on 13 November 2025, where the Constitutional Court ruled that amendments to the Jurmala territorial plan, which would have allowed construction in natural areas in Bulduri, Stirnurags, Jaundubulti, and Pumpuri, were also incompatible with the Constitution.