The Administrative Court of Helsinki has in December 2018 decided to dismiss the complaints of Friends of Malmi Airport against the phased Regional Plan 4 of Uusimaa. In its complaint filed on 29 June 2017, FoMA has demanded that the plan symbol of traffic area is retained in the area of Malmi Airport, because the planning has been made in wrong order and no substitutive solutions have been realized as stipulated in earlier decisions. The decision to dismiss the complaints has also been justified by the cessation of aviation activities, even though Malmi is still the second-busiest airport in Finland.
As several points in the complaint have been overlooked and some have been erroneously interpreted, Friends of Malmi Airport has sought permission to file a complaint to the Supreme Administrative Court, and will demand that the decision of Helsinki Administrative Court is overturned regarding the area of Malmi Airport.
The Chairman of Friends of Malmi Airport, Mr. Timo Hyvönen justifies the complaint:
“The decision of the Administrative Court is inconsistent e.g. regarding the points made on cultural and natural values in the complaint. Several points of the complaint have been overlooked altogether. It is also extraordinary that the new General Plan of Helsinki has been formulated to comply with the phased Regional Plan 4, even though the Regional plan isn’t even legal yet.”
In its complaint, FoMA emphasizes the 2015 pronouncement of the Chancellor of Justice regarding the budgetary framework negotiations of the State.
The Chancellor of Justice emphasized the problematic nature of a situation where a separate agreement “de facto in advance takes a stand in matters that will be dealt with or are under way in the planning process. The problematic nature of the matter is further emphasized if in the preparation of decisions and agreements there is no interaction nor impact assessment of the same scope as in the planning process.”
The decision made in the budgetary framework negotiations of the State in 2014 has been used as justification for the Regional Plan and the General Plan. The decision-making process involved no interaction with the citizens.
Chairman Hyvönen considers the situation regrettable but unavoidable.
“The Administrative Court has only looked at a part of the points made in our complaint. It’s a bother that we must over and over seek justice in every instance, but we’re ready to do that.”
FoMA has an information request pending in Supreme Administrative Court, concerning the justification memoranda of the General Plan ruling. The Supreme Administrative Court decided after a vote to dismiss the complaints against the planning of Malmi Airport, ruling exceptionally against the rapporteur’s proposal.
The complaint to the Supreme Administrative Court (in Finnish) can be downloaded here
The complaint to Helsinki Administrative Court 29 June 2017: http://www.malmiairport.fi/en/phased-regional-plan-4-of-uusimaa-taken-to-helsinki-administrative-court
Decision of the budgetary framework negotiations in 2014: “In order to improve the preconditions of housing construction in Helsinki region, the State withdraws its operations from Helsinki-Malmi Airport so that the area can be taken into use for residential construction no later than in the beginning of the 2020s. The change requires that the Border Guard and civil aviation are moved to a substitutive airfield.”
Pronouncement of the Chancellor of Justice (in Finnish): https://www.okv.fi/fi/ratkaisut/id/660/
Original document (in Finnish): http://www.malmiairport.fi/wp-content/uploads/2015/10/Oikeuskansleri_23-9-2015.pdf