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CLOSING KALARAND FOR PUBLIC (0)

1 Hindamata
Punktid
TALLINN UNIVERSITY OF TECHNOLOGY
Department of International Relations
CLOSING KALARAND FOR PUBLIC.
Essay in Expository Writing
Supervisor:
Tallinn 2015
Kalarand is a part of Kalamaja district in Tallinn, it is a unique beach in the city centre, only few hundred meters from the Old Town. While being close to the city centre, it still has a remote area atmosphere to it where people could enjoy the seaside and views in a car-free environment. While not officially a public beach, the locals have still put in great effort into keeping it a clean and enjoyable public area (Klementi, 2011). In August 2015 historic Kalarand beach was fenced by Pro Kapital and public was denied access despite laws against such conduct. The action of Pro Kapital , one of the leading real estate developers in Estonia, is reminiscent of Soviet times when citizens where denied access to seaside. In order to solve the situation, both lawfully and justly, the city council should go to court against Pro Kapiatal.
Tallinn is known for its picturesque seaside silhouette, surrounded by multitude of beaches , but Kalarand was the only beach within the city and closest place to the seafront next to the Old Town. Over the years Kalamaja district has become a popular cultural district of Tallinn where people enjoy their free time. Kalarand has played a big role in it. Both Kalarand and Kalasadam (Fish market) have been a car-free city space for over twenty years, where people can go to spend their free time and enjoy the views of the sea. Kalarand has become a popular bathing spot among local people. It provides an oasis far away from the hum of cars and from the tourist crowd, granted the seldom adventurous tourist lost enough to find it have learned to appreciate its charm. It is a meeting place where you can interact with people, go for a swim in sandy shore and have picnics. Open -air art installations have been put up for the people to enjoy and the traditional summer solstice celebrations have taken place there . Despite the lack of maintenance of the area Kalarand is already one of the best places to spend time by the sea, by emphasizing its values it can be made even more pleasant.
Over the years a sense of community has been created. People of Kalamaja have organised summer beach parties and sauna parties there, with temporary sauna tents. In 2011, when Tallinn was a European Capital of Culture, the authors of Urban Intervention built changing cabins, benches and terraces to Kalarand. The beach area was cleared, the scrub trimmed and dustbins were provided for the summer season. The seabed of the bathing site was cleared of rubbish and pieces of concrete, water samples were taken and analysis results were posted on a notice board. (Lift11, 2011) All of this was made by initiative of locals. While the site was cleaner and more in order, Kalarand still remained as a non-public bathing beach and it was not included in the list of the Tallinn official beaches. Therefore there was no lifeguard present and swimming was strictly at own responsibility.
It is clear that locals of Kalamaja value Kalarand and Kalasadam as a place where to spend their free time, to relax and recharge by the seaside. People of Kalamaja are not against renewing Kalarand and having buildings built there. The idea is not unwelcome but losing the flat and sandy coastline is definitely a no-go. People of Kalamaja wish that Kalarand would stay as a public space, at least 50meters from the coastline, where everyone has access to any time convenient, and that current swimming and picnic opportunities would stay the same. People believe that Kalarand should not belong to any residential plot composition, and demand that Kalarand would be accessible even during the developing period.
The developer of Kalasadam, Pro Kapital, is a leading Estonian real estate development company who operates in the capitals of Estonia, Latvia and Lithuania. Since its establishment in 1994, it has completed 20 development projects and focuses mainly on the development of large-scale residential and commercial real estate projects in prime locations of the capitals of the Baltic States. In the second half of the 1990s, Pro Kapital aquired several unique properties in its portfolio, including two attractive coastal sites in Tallinn and Riga. One of these properties was Kalarand in Tallinn. Pro Kapital bought property next to the Kalarand seaside in 2001 and announced that they will make Kalarand into a residential and business district. From thereon there has been a heated debate between the locals and Pro Kapital over the developing plans .
The detailed plan of Kalaranna neighbourhood expands on more than 7 hectares and it has been processed for over a decade. Pro Kapital believes that the area of Kalaranna should be one of Tallinn’s gateways and landmarks. Currently Pro Kapital sees it as an epoch of desolate wasteland which is located in the heart of Tallinn. Pro Kapital believes that the future of Kalaranna should be as a promenade open to the sea, a harmonious whole of the greenery and buildings shaping the urban space. People of Kalamaja overall agree with the views of Pro Kapital but they are not fond of the idea of losing natural sandy coastal line, which by the detailed plan will be replaced by a promenade.
This year in August tensions between the Kalamaja community and the developer had hit a high when Pro Kapital decided to build a fence around its property. Not only did they enclose their own property, but also fenced the entire seaside preventing public access. Pro Kapital said that they are allowed to build a fence around the port while it is developed. (Kuusk, 2015). They believe that they have no obligation to provide public access to the beach or the sea, as there is a harbour adjacent to the beach. Not surprisingly, the locals and the residents of Tallinn did not approve this kind of action. Locals disagree with Pro Kapital idea of a port as Kalasadam harbour is separate from Kalaranna beach.
Knowing that the City Council would not have given the permission to build a fence around the property, Pro Kapital dug their fence only about 30cm into the ground . This not qualifying the structure as a fence, they did not need any permission from the city to put it up. A really questionable move , as putting up over 100m fence should still count as a construction work . Within two days , the new fence around the Kalaranna beach, was torn out by unknown activists. Kalamaja community was disappointed by Pro Kapital action and the dispute only escalated. Pro Kapital ordered a new fence around the beach and ordered a security company to watch over the property. Within next few days complaints were surfacing that there is a group of men in unmarked cars and civilian clothing that are protecting the area and if anybody dares to move closer to the fence the men threaten them with violence. Pro Kapital denies that they have hired an underground group to protect their property, but the situation has not changed. There is still an older Mercedes, or a van, standing by the fence round the clock, with a muscular man inside it, patrolling the area. Pro Kapital activity in Kalarand raises questions about lawfulness of their actions and how society’s interests and consensus on the matter can be overruled.
The situation in Kalarand has not changed from August. Pro Kapital has not got the permission from the City Council to start the construction work . The fence is still up and an unmarked car is still parked next to the property. One of Estonian parties Vabaerakond has turned to Chancellor of Justice in this matter but with no effect to the situation. The Estonian Chancellor of Justice responded only that in this situation it is important to have an open discussion and the developer has to provide clear developing plan.
Similar situation has happened before in Estonia. Former president of Estonia, Lennart Meri, bought a peninsula peak Armuneeme, in Viimsi , in 1997. President Meri agreed with the conditions , set to the property, to keep the surrounding beach clean and ensure the passage to the beach for people. ( Äripäev , 1997) The new owner also had to agree that the peak of the peninsula is a landscape- and a bird sanctuary. President announced that he wants to spend a calm retirement in Armuneeme and promised that anyone can come and visit the cape whenever they wish. After finishing the construction work on his villa, access to the seaside was denied for public. At first there was just a police car patrolling the area, but soon Lennart Meri built there a guard booth and the area was closed with a fence.
With this move president Meri violated the property conditions. As Armuneeme is a landscape sanctuary then it was allowed to build only one house on the property, but Lennart Meri did not account it. In total he built there five buildings and only one of them was lawful. Other four buildings were built without permission and got their premissions after they were finished . Up until 2001 the property was closed for public as Lennart Meri was Estonian president and apparently this was the only way to ensure his welfare. After leaving the presidential seat, people were allowed to visit the sight but only if they identify themselves before. The whole Armuneeme case was really ugly and what made it worse was the fact that it was the president who acted unlawfully and did not care about the conditions made for this landscape sanctuary. Some ministers did try to stop his actions but their efforts did not work.
It is known fact that larger companies can get away with their unlawful acts and act out by their own ideas , which is why Kalaranna insident has grown big interests in public. It is important to control Pro Kapital’s actions on the site and keep the whole process as clear as possible, and open for discussions. Companies, like Pro Kapital, need to understand that laws are there for a reason and having money does not excuse them from following them. Which is why the Tallinn City Council should go to court with Pro Kapital, in order to solve the situation lawfully and justly. Tallinn City Council should protect the views of the locals and stand for their interests. Telliskivi Selts itself do not have enough resources to sue Pro Kapital.
Currently the City Council has not done anything to solve the situation. It is sad to see that the repesenter of public voice has not stepped out for the people and taken any actions. The City Council has not given any clear response what their opinion is on this case nor have they approved the Kalaranna developing plan. Pro Kapital has gone against the law with installing the fence and it is clear that they themselves are aware of their unlawful action. It is easy to read out from their conduct with the installation of the fence. They clearly did not want to include the City Council as they did not ask for their approval to build the fence. The company was aware that they will never get the permission to build a fence around the property, while closing the access to the seaside. Suing the company would be the only rightful act and the only way to make Pro Kapital take responsibilities for their action. Otherwise we will end up with similar situation like Armuneeme, where five buildings are built instead of one and natural shore path is changed without any legal permission.
If Tallinn City Council would sue Pro Kapital for its unlawful acts on the property then the illegal fence would be taken down and the whole developing progress would be more open. This would send a sign to the Pro Kapital that this property is valuable to the community and they have to take it into account. It is not professional from the developer side to block out public if it there is clearly high public interest . Tallinn City Council would do the right thing if they would represent the Kalamaja community in the court and this would send out sign that City Council stands for their people and all the future developing plans should be opened and clearly stated.
Kalarand is an important seaside for locals and there is a very high public interest. Kalamaja community and Telliskivi Selts have organised petitions against Pro Kapital’s developing plans and have tried to reach out to the City Counsil and Chancellor of Justice in order to solve the situation. Since closing the seaside to public there has been no change in it. The best way to solve it is sueing the company and City Council should be the one who would stand for the public interest. Armuneeme case is a good example how doing nothing can escalate the situation from bad to the worst. If Tallinn wants to be known as a maritime town, then the City Council should fight for keeping the seaside open for public, as required by the Estonian law.
References:
Garlick, S. (2015) “The battle for the Estonian coastline” The Baltic Times, 5.August
ETA. (2001 ) “Pro Kapital ostis Kalaranna ASi” Delfi, 18.May
Accessible: http://arileht.delfi.ee/news/uudised/pro-kapital-ostis-kalaranna-asi?id=50881531
Klemeni, K. (2011) “Kalarand, the sea and the public interest.” Estonian Art, Vol. 27, Issue 2, p. 36-39.
Kuusk, H.(2015) “ Rand või sadam? Tallinna Kalaranna ujumiskoht suletakse sadama nime all.” Eesti Päevaleht, 07.August.
Lift11 Urban Installations Festival Tallinn 2011. (2011) “Kalarand”
Accessible: http://www.lift11.ee/installatsioon/kalarand.html
MTÜ Telliskivi Selts board. (2014) “Kalaranna arendajatel on targem rahvast kuulata.” Postimees , 16.July.
Pro Kapital homepage
Accessible: http://prokapital.co m
Äripäev. ( 1997) “President on Armuneeme ära ostnud.”Äripäev, 16.March
Accessible: http://www.aripaev.ee/uudised/1997/03/16/president-on-armuneeme-ara-ostnud
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