A public discussion was held recently on the issue of amending the detailed planning project (DPP) for a land plot in the capital's Krasnaya Derevnya microdistrict. On the agenda was changing the intended purpose of the plot from 'construction of a residential building' to 'public garden'. 94 people voted unanimously in favour of adjusting the DPP.
It should be recalled that residents of the Krasnaya Derevnya microdistrict have been fighting for years to preserve the public garden, where they planted the trees and shrubs themselves. The land plot is currently privately owned by the Fiesta Hall LLP, and its owner plans to build a multi-storey building.
In accordance with the city's Master Plan from 2016, residential development was envisaged on the plot. According to the detailed planning project approved at that time, the intended purpose of the plot was 'construction of a residential building'.
In January of this year, a new Master Plan for the city was approved, under which city-wide plantings for public use are provided for on the plot. The capital's Department of Architecture, Urban Planning and Land Relations spent almost a year trying to bring the DPP into line with the current Master Plan, but without success.
The main difficulty lies in the fact that the owner of the plot, Fiesta Hall LLP, has legal grounds to defend the interests of private property. In November, the company submitted an application for permission to fell trees to build a residential building.
But taking into account the current Master Plan of Astana and the recommendations of the Department of Architecture on adjusting the DPP, the Department of Environmental Protection refused the company permission to fell trees 'until all circumstances have been clarified'.
On 9 December, representatives of Fiesta Hall filed a lawsuit against the city akimat, the district akimat and the Department of Architecture. The details of the proceedings are not yet known; the case is being handled by a judge of the Specialised Interdistrict Court of Astana.
Presumably, the company's claims against the local executive bodies stem from their disagreement with the construction of a residential building on the site of the public garden, which arises from a perfectly understandable and justified desire to heed public opinion.
On 17 December, representatives of the Department of Architecture, with the participation of the district akimat, discussed the issue of adjusting the DPP with residents of the microdistrict. Of the 95 voters, 94 supported changing the purpose of the plot to 'public garden'.
Now, based on the protocol of the public discussions, the Department of Architecture will continue to act in the interests of preserving the public garden.
Nevertheless, the rights of Fiesta Hall to private property cannot be ignored. It seems the company also has no intention of backing down. It remains to be hoped that the fate of the plot will be decided in favour of the public garden and local residents, and that the court process will conclude with an objective decision within a reasonable timeframe.
The conflict between public interests and private property rights in Krasnaya Derevnya reflects a typical problem for growing cities.
Despite the local authorities' support for residents' desire to preserve the green space, the final decision will depend on the court proceedings and the amendment of the DPP.
The editorial board of FBRK will be monitoring developments.