The Central Central Administrative Court (TACL) recently rejected an appeal from the Vila Franca de Xira chamber and upheld the first instance decision to uphold a precautionary measure filed by residents of Alverca against the construction of a building in five floors in the old quarter. from the city. The building was approved by the City Council for an area on Rua Sabino Faria characterized by the existence of a dozen two-story houses. Residents argue that such a decision violates the city master plan and does not comply with the requirements set out in the law. The House guarantees that there was no illegality in the approval, as in the surrounding area there are taller buildings and the 2007 legislation limited the volume of new buildings to the limit. the highest of the adjoining buildings.
It is certain that the works have been suspended since last February, when the Administrative Court of the Lisbon Circle (TACL) decided to accept the precautionary measure presented by the inhabitants and to admit only some containment and foundation works for avoid possible security problems. A few days later, the House adopted a reasoned resolution, ruling that the suspension of work “is seriously prejudicial to the public interest” and appealed to the TCAS. But the Southern Central Administrative Court upheld the lower court’s decision in its entirety, considering that there are strong indications that the residents were correct when they sought to overturn the decision approving the building for alleged violation of the PDM. .
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From now on, residents have 30 days to present the so-called “main action”, where the courts will decide, definitively, whether the council’s deliberation will be declared void and what consequences this could have for the elected officials involved and for the expectations of the builder. The Chamber maintains that there were no illegalities in this process, but admits that changes to the original draft will be presented.
CDU and Bloco de Esquerda councilors questioned the municipal executive at the last council meeting. “What was wrong with the Chamber for TCAS to take this decision?” Asked Nuno Libório, elected by the CDU, noting that there are already two courts which consider that the PDM did not was respected and accusing the PS majority of not having informed the opposition of a technical opinion which “determines that this building and this authorization could not have been produced, on pain of non-compliance with the PDM”.
“There is no illegality”
In response to the PUBLIC, the town hall of Vila Franca de Xira affirms that it maintains “the belief that the construction project, which was unanimously approved by the municipal executive, does not contain any illegality or violation of the PDM”. The municipality of Vila-Franquense also considers that “it is very unlikely” that it will have to compensate the prosecutor because, “for this possibility to be realized, it would be necessary to prove the damage caused and that the responsibility lies with the Town hall”.
House wants to buy houses that the state has abandoned in Alverca
Alberto Mesquita, socialist mayor of Vila Franca de Xira, underlined during the chamber meeting that the process will continue and reiterated that there are no illegalities. “People are free to do whatever they want and, depending on the final decision of the courts, we will soon see what consequences this situation will have”, he stressed, admitting that, if necessary, the initially approved project could be amended.
The group of residents who subscribe to the action, which adopted the name “A Nossa rua”, does not have the same understanding, considers that there have been several irregularities in this approval process and suggests that, in Ultimately, the licensing of a project that violates a PDM may lead the prosecution to pursue loss of office actions of the mayors concerned. “The legal implications of this case are far from over, since the approval of a construction project, in violation of the rules of a PDM, constitutes, since a revision of the penal code in 2010, an ‘urban crime’ “, He maintains a spokesperson for the group.
Last February, the administrative court of Círculo de Lisboa confirmed the measures demanded by residents to suspend the effectiveness of the building authorization act and also ordered the suspension of work, in order to avoid a difficult future situation. to reverse. The municipal council of Vila Franca de Xira did not comply and appealed to the South Central Administrative Court, stressing that there had been an “error of judgment”, that testimonies had not been collected in addition of the documentary, that residents did not specify what damage difficult to repair in the continuation of the work and that the city council itself approved a resolution which considers that the suspension of the work until the final decision of the process is seriously detrimental to the public interest.
The prosecution considered that the appeal of the chamber was unfounded and the TCAS has now ruled in the same direction, stressing that< l'intérêt d'arrêter la poursuite des travaux de construction prévaut, sans préjudice des travaux de confinement nécessaires >> “Safeguard the protection value of urban legality”, until the main action is decided. TCAS considers that the Chamber does not specify which “public interests” are adversely affected by the work stoppage and that the “interests” of residents and developers are, in this case, of “equivalent nature”.
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“The public interest is supposed to be truly distinctive, to safeguard urban legality, the defense of which prevails in this dispute”, continues the TCAS judgment, to which the “PUBLIC” had access, considering that the appeal of the Chamber does not proves no error of judgment in the first instance decision and does not demonstrate that the legal rules relating to the building permit were respected.
Therefore, the TCAS judges conclude that there is “a serious probability” that the main action to challenge the approval of this building will be considered valid, also taking into account the “disproportion” between the existing houses and the building. approved.
“The place where the urban planning intention fits fits into the town planning standards of the corresponding area as an” urban complex with interest, which has not been duly taken into account by the requested entity (chamber ). In these terms, it is possible to formulate a judgment regarding the appearance of illegality, which determines the likelihood that the impugnation action to be brought will be considered valid. Consequently, the award contested against the error of judgment does not suffer ”, concludes the TCAS.