The Tallinn City Planning Department refused to approve the extension of the Estonia Theatre. However, this does not mean that the extension is always impossible. ERR learned this from a memo by the Tallinn Legal Service.
On Monday, there was confusion. The city initially sent a notice stating that new location conditions would be ordered. Later, it was said that no such decision had been made. The early notice was deemed incorrect.
The Legal Service examined the planning of the New Market area. They stated that they do not take a position on whether the extension is good or bad. This will have to be decided later.
The Estonia Theatre submitted conditions for building a new hall on 22 June. On 21 August, the heritage conservation department left these unapproved. The reason: they do not protect the historical value of the area.
The Legal Service found that the department did not have the right to refuse. If an official makes a decision without authority, it is an error. However, this does not make the decision contrary to law.
The Estonia Theatre may go to court. The court can compel the department to decide again. Or Estonia can submit new, better conditions.
The Legal Service found that the department had good reasons to refuse. However, the refusal does not mean that the extension is always impossible. Each solution must be examined separately.
The department stated that the new construction would damage the historical building. It would change the view between Estonia and the Drama Theatre. It could damage old walls underground. It would reduce Tammsaare Park.
The department added that the New Market is an important historical site. UNESCO said that a large new building does not fit in this location.
The positions of the Estonia Theatre are different. They say that protecting the rear facade is not mandatory. UNESCO opinions are not legal prohibitions. Construction is possible.
The Legal Service says: the refusal was correct, but it does not mean that the extension is always impossible. Each solution must be examined separately.