The Environmental Protection Department of Astana has agreed, as part of a mediation agreement, to issue Fiesta Hall LLP a permit to cut down trees in the Krasnaya Derevnya neighbourhood, where the company plans to build a multi-storey residential building.
This decision contradicts the outcome of recent public consultations, in which 94 local residents voted in favour of preserving the public garden.
It is worth recalling that residents of Krasnaya Derevnya had independently created and maintained the green space for several years, planting trees and shrubs. However, the landowner, Fiesta Hall LLP, intends to build a residential building on the site.
The Department of Architecture, Urban Planning and Land Relations of Astana has repeatedly attempted to amend the detailed planning project (DPP) for the plot in accordance with the city's current General Plan, which designates the area as a zone for city-wide public planting.
In December, during public consultations, residents of the Krasnaya Derevnya neighbourhood unanimously supported changing the designated use of the plot from "construction of a residential building" to "public garden".
Earlier, Fiesta Hall LLP had already applied for a permit to cut down trees for the construction of a residential building. However, given the current General Plan and the recommendations of the Department of Architecture regarding amendments to the DPP, the Environmental Protection Department refused the company's request for felling "until all circumstances were clarified".
After the initial refusal to grant a felling permit, Fiesta Hall took the matter to court. As a result of mediation, the parties reached a settlement agreement: the company will submit a new application, and the Environmental Protection Department undertakes to issue the permit within three working days.
At the same time, the company is challenging in court the actions of the city authorities regarding the change of the plot's designated use. The first lawsuit against the Akimat of Astana, the District Akimat, and the Department of Architecture was dismissed, as the contested documents were not considered administrative acts. A new lawsuit is currently under review.
Thus, the conflict between the public interests of the residents and the rights of the private owner remains unresolved. Despite the support of the local community and the position of the city authorities, the fate of the public garden is once again under threat following the signing of the settlement agreement regarding the felling of trees.