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(Cláusulas de exoneración) Una cláusula que limite o

In document 6. CONTRATOS MERCANTILES - TEMARIO.doc (página 108-111)

EL CONTRATO INTERNACIONAL

Artículo 7.1.6 (Cláusulas de exoneración) Una cláusula que limite o

The Vaasa case presents a plan alteration from 2018 in the cultural heritage area, which is significant on the national level, according to RKY 2009. Vaasa is a middle-sized city (67 600 inhabitants) on the west coast of Finland, origi- nating in 1606 during the reign of Charles IX of Sweden. Therefore, the histo- ry of Vaasa is quite long even though the original, old city burned in the year 1852. The water border has been moving continuously because the lithosphe- re is rising ca. 8,5 mm each year in the area, because it was depressed by the weight of a continental ice sheet during the last ice age. So after the fire, both the city centre and harbour were moved closer the sea. The oldest features and buildings postdate the fire. The town plan drawn for Nikolaistad (the name in the autonomy time with Russia) by the county architect C.A. Setter- berg from 1855 is still clearly perceived in the cityscape, because the streets and esplanades, parks and many distinguished buildings are still there.

Vaasa has many different subjects listed in the national level invention (RKY 2009), which was made by NBA (National Board of Antiquities; today FCA Finnish Cultural Agency) and the Ministry of Environment together, and confirmed later by the National Land Use Targets. One of the most impor- tant areas in the list includes five central parks, which are actually running criss-cross through the city centre, and where public buildings stand in the squares and landmarks in the street ends. Narrow fire lanes run through the neighbourhood precincts. This significant cultural heritage area was drawn and decided already in Setterberg’s town plan.

The regional plan obviously displays all targets from RKY2009, and addi- tionally the valuable subjects on regional level. All levels of cultural herita- ge must be shown and conserved in the town plan, which also includes the spots, which have been evaluated as only locally significant. The street of the case example in Vaasa, “Kirkkopuistikko 4” is situated in the above-descri- bed area, and already in the previous plan from 2000 contained protection marks (“sr”) for the existing, built cultural heritage. In this earlier plan, the building volume was 3770 m2 (gross floor area). In the approved town plan of

2018, the permit building volume is increased to 4925 m2 (gross floor area).

The planning documents show elevation drawings of existing buildings and a new tower with eight floors. In addition, another new building has space on the site. For car parking there are underground spaces.

The plan alteration had started after the landowner had sent an application to the town board in September 2016. Planning architect Anne Majaneva, who was interviewed by email March 2019, explained that no negotiations actu- ally were necessary on compensations or generally on values of the cultu- ral heritage, because the landowner had offered already in his application to refurbish the existing, cultural heritage building, if he would gain more floor area for the new building. Of course, the statement of reasoning in the deci- sion documents expressed support for the general growth of needed housing units in the area and the possibility to set off the utilization of the site. Under- ground parking is expressed as improving attractive living environments and the townscape. The city council has validated the decision to start the plan- ning alteration by focusing on more housing, following the master plan. The town plan has two different parts: the neighbourhood 1007 consists of the area where the landowner wanted the plan to be altered (Figure 1). The plot has earlier belonged to Vaasa Electricity (their old headquarters had

been in the three floor stone house). Just a couple years after the ownership changed, the new owner sent the alteration application to Vaasa City. The plan alteration includes also another plot Kirkkopuistikko 2, where the old wooden buildings are already protected by Conservation law from 1994. This part of the plan consists of a very worthy building, so called Hallstén house, which belongs to Ostrobotnian Museum, and has been removed from its location several times. In this plan, Vaasa wanted to confirm the conserva- tion and to enable a new use for the house: a School Museum is planned to be there. The purpose of use is at first expressed as a totally protected area (green colour and SR), but an added text gives possible use alternatives for business, office, service and even housing, and very little floor area: 300 + 50 m2.

The goal of the town plan made possible to build more housing in the central, visible and culturally historical place with suitable architectural means and to give a new purpose of use to the Hallstén House (in a neighbour quarter) (Vaasa City Council 12.12.2016).

Even though the documents and the interview do not mention any compen- sation initiatives, it is obvious that the city board and council share a certain understanding of how to make the cultural heritage renovations possible: giving new floor area to the plot Vaasa City allows better economic possi- bilities for the owner to also renovate the old building with cultural heritage values. To approve the new town plan, the city demanded that the landowner sign the land use agreement concerning the site. Compensation is “hidden” in the case as a pre-condition for land use agreement.

In addition to the planning report and the maps, the planning documents also contain several sketches by consulting architects of the new eight floor high tower and sunlight at different hours in the environment. Adjusted drawings and several illustrations are presented to depict the future townsca- pe. The additional tower appears rather heavy if we are looking only at the site itself, but in comparison with the whole city scale in Vaasa, and in the

neighbouring quarters in the area decided with RKY in 2009, the tower is adjusted sufficiently (Figure 2).

In the interview, architect Majaneva mentioned also other possible cases in Vaasa, which could include negotiations on compensation, but the responsible architects were not willing to discuss them. Sometimes the planning process does of course not succeed – and in the end, a couple of valuable buildings have been pulled down in Vaasa. However, Vaasa is an old historical town, and in the planning culture, there seems to be a vigorous drive to raise not only economic reasons but also softer, cultural heritage values. Compensation is obviously already embedded in the understanding of Vasa as an old city and a way of safeguarding cultural heritage values in contemporary planning.

In document 6. CONTRATOS MERCANTILES - TEMARIO.doc (página 108-111)