Prof. Tjittes (VU university): "Koole Maritime (Chidda's renter), doesn't comply with perpetual clause of ADM terrain" [December 11th. 2017]

The future plans for the ADM terrain are wrongly described as shipbuilding. Rental to salvage company Koole Maritime will have to be stopped eventually because of the claim that the municipality of Amsterdam has on the squatted port terrain.

De toekomstplannen voor het ADM-terrein worden ten onrechte omschreven als scheepsbouw. Verhuur aan bergingsbedrijf Koole Maritiem moet wel stuklopen op de claim die de gemeente Amsterdam heeft op het gekraakte haventerrein.

 

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Newspaper Het Parool published an article about this on Monday, December 11th. 2017.

The report of professor Tjittes can be downloaded PDF icon here.

Below is the translation of the newspaper article of Het Parool

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Professor sees nothing in future plans ADM terrain

The future plans for the ADM terrain are wrongly described as shipbuilding. Rental to salvage company Koole Maritime will have to be stopped eventually because of the claim that the municipality of Amsterdam has on the squatted port terrain.

By: Bart van Zoelen 11 December 2017, 11:26

This is the conclusion of professor of Private Law at VU University Amsterdam, Rieme-Jan Tjittes. Since the municipality sold the terrain cheaply in 1970 in an ultimate attempt to save the ADM shipyard, a so-called perpetual clause is attached to the grounds. Rental to Koole clashes with the perpetual clause according to Tjittes. This states that the terrain is only intended for 'repair and construction of ships'.

Koole does not do that, Tjittes concludes. The company is doing 'waste processing', according to the professor. After all, Koole removes shipwrecks, dismantles drilling platforms and removes asbestos from ships. But for this Koole has not needed a shipyard so far, writes Tjittes. Koole is now situated in the Haarlemmermeerpolder, without access to open water.

Creative writing
'For the moment it doesn't look like that Koole intends to actually set up a shipyard on the ADM terrain for repair and construction of ships,' concludes Tjittes in his analysis, drawn up at the request of the residents of the ADM terrain. According to the professor, Koole claims this, because the salvage company 'used creative writing' in its license applications so that the description fits the perpetual clause.

42
The 42-hectare ADM terrain may only be used for the repair and construction of ships.

The VU professor's analysis is the next chapter in the battle for the ADM terrain. Since the 42-hectare area was squatted in 1997, an artists' village has been established, families with children live there and festivals are organized. But owner Chidda, the company of the descendants of real estate magnate Bertus L├╝ske, who was liquidated in 2003, wants to turn it into a port terrain again. In 2015, in the person of Paul Koole, they found a first tenant.

Intentions prevail
The previous port alderwoman Kajsa Ollongren thought that the lease with Koole was fitting the perpetual clause. Two lawyers engaged by the municipality went along with it. But Tjittes debunks in his analysis he conclusions of his two colleagues. On the basis of jurisprudence at the Supreme Court, he writes that the municipality must look at the intentions with the ADM terrain and not only the wording in the license application.

Even more so, according to Tjittes, the intention of the perpetual clause must also be taken into account. By only allowing shipbuilding, the municipality wanted to prevent speculation in 1970. If the clause would also allow companies that have only slightly something to do with ships, the price would have been much higher.

In short, Tjittes warns that for the current owner "the ship filled with money" will arrive if the municipality accepts Koole. 'If a wider destination option is assumed, then Chidda will benefit at the expense of the municipality of Amsterdam.'

Tomorrow the city council will speak during a hearing with experts about the ADM terrain. "That's when I want to get to the heart of this matter," says GroenLinks counselor Jasper Groen.

 

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FYI: Already on March 28th. 2017, Koole was forced to admit that they were not intending to start a shipyard at the ADM during a court-case...

You can read the details here