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The TSJ of Madrid will decide on the legality of Operation Chamartín after receiving nine appeals

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Like in a video game Madrid New North You have to overcome different screens to continue your development. If the political approval phase has passed after more than 20 years, it is time to face the judicial turnaround. especially the Madrid Supreme Court (TSJM) is expected to rule on nine appeals this summer.

The first section of the disputed administrative chamber has already moved forward in the procedures of these resources and is expected to be able to vote, prepare the decision and render a verdict in the coming weeks, according to sources familiar with the processes analyzed previously considered Operation Chamartin known.

The complaint filed by the is the most advanced City Debate Club. This organization has the architect Eduardo Mangada, former socialist councilor in Madrid City Council and former councilor of the Autonomous Community of Madrid, as honorary president; with Concha Denche, a former IU Councilor, as President and with Félix Arias, a former Socialist Councilor, as Vice-President. Sources from this association state that they are currently awaiting the verdict.

Another complaint was lodged by environmentalists at worka very active association in appeals against some urban developments where they are also awaiting judgment in the near future.

The other resources belong to individuals, such as some former politicians linked to Madrid City Council and small landowners in Madrid Nuevo Norte, although some of them have submitted more than one case.

The administrative chamber at issue has not yet set a date on which the decision will be dealt with. It is not known if the responses to all appeals will be summed up on the same date, but sources consulted indicate that there will likely be nine contemporary verdicts.

Approval

The media are chaired against the decision of the Autonomous Community of Madrid Isabel Diaz Ayuso in a decision of March 2020 to give final approval to the modification of the general plan of Madrid. After 26 years of political paralysis and economic crises, the project was relaunched in the previous legislative period Manuela Carmena (now Madrid) was the mayor and José Manuel Calvo was a delegate for urban planning. At the beginning of the current legislature, in 2019, the municipal plenary unanimously approved this operation with the positive votes of the PP, PSOE, Más Madrid, Ciudadanos and Vox.

Although the funds go against the community of Madrid, the City Council, led by José Luis Martínez-Almeida, has voluntarily joined as co-defendants, Renfe, Adif (owner of much of the railroad land affected by this urban area) and North Castellana District (DCN), this is the company with an option to buy Adif’s land in exchange for 1,245 million euros. This company, in turn, is 74.54% controlled by BBVA, 14.46% from the real estate company Merlin Properties and the rest from Grupo San José. The idea of ​​working together as co-defendants is a way of defending common interests and a project they see as belonging to the state.

“We have full confidence in the legal solidity of the amendment to the general plan, edited by the Madrid City Council and approved unanimously by all municipal groups in the plenary session of July 29, 2019, and subsequently finally approved on July 25. March 2020 by the Governing Council of the Autonomous Community of Madrid,” explains a DCN spokesperson in writing regarding these resources that the TSJM must decide on. DCN will receive advice from the office on these procedures Uriah Menendez.

reasons against

The Urban Debate Club’s appeal seeks the annulment of Díaz Ayuso’s government approval. The reasons are varied. Including the consideration that the plan considers the land urban, a decision stemming from the 1997 master plan. Likewise, he considers urban use of railroad land illegal, in addition to objecting to what they believe to be less green space and sheltered housing than what legally corresponds.

In addition, this association denies that the future slab, which is to cover part of the railway tracks next to the Chamartín station, can be considered as land on which the green space will be brought. Exactly 10 days ago, DCN and the Madrid City Council presented the so-called Central Park on this panel, the design of which is commissioned by Studio West 8 (the same one before Madrid Río).

Ecologists in Action state that their justifications before the court are similar. The Association believes that this area cannot be seen as just a one-off change. She also rejects the designation of urban land, since this future quarter has no infrastructure such as roads and sanitary facilities. They also highlight the decision to cede the green space on the concrete slab “on a fictitious lot,” which gives more buildability for “greater benefit to the developer against the public interest,” a spokeswoman said.

The business communities involved in the project reject the claims that, for example, the fact that land is considered urban dates from 1997 and that there is now no recourse to it, and that green spaces cannot be arranged on the slab. In fact, as strengths of the development, they point to the fact that it was designed in detail over the past two decades; that it is on land within the urban fabric; that Carmena has already reduced the buildability and that this has received the unanimous support of the community groups and the administrations.

The unsuccessful party can appeal against the decision of the TSJM to the Supreme Court or the Madrid Court if it considers that regional regulations are being violated.

a gigantic project

Madrid Nuevo Norte is the largest urban project in Spain. The aim is to close the railway gap in the north of the city next to the Chamartín train station. The action covers 2.3 million mtwo Land, a construction area of ​​1.04 million mtwo Housing (for 10,500 apartments) and 1.6 million tertiary on which the future city Offices.

The project will attract an investment of 25,197 million euros and create 350,000 jobs, according to the Autonomous University of Madrid. Of this, 14,128 million is attributable to the purchase of real estate, 4,023 million in construction and 1,468 million in infrastructure paid for by private capital


Source elpais.com

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