On Wednesday, February 22, the residents of Pedro de Valdivia Norte and the Defendamos la Ciudad Foundation celebrated the ruling of the Seventh Chamber of the Court of Appeals of Santiago. Formed by the Ministers (as) Jorge Luis Zepeda, Elsa Barrientos and Sergio Guillermo Córdova, who unanimously accepted the Claim of Illegality of Decree No. 1,716, against the Municipality of Providencia (November 22, 2021).
Consequently, they admitted the claim of illegality filed against Resolution N 77-2021 (October 4, 2021) of the Directorate of Municipalities of Providencia (DOM).
In this way, it is established that the real estate company Mirador del Cerro SpA violates the current legal regulations regarding the coefficient of land occupation contained in the respective Regulatory Plan of the commune and obliges the municipality to invalidate a permit considered illegal.
The dispute
Everything started when the DOM of Providencia issued the building permit No. 35 of October 9, 2019 to the Inmobiliaria Mirador del Cerro SpA. The construction company intended to build two residential towers of 30 and 32 floors, with 295 homes and a commercial premises, 372 car parks, s plus 30 visits and 174 parking for bicycles, which consider 21,499.12 square meters of built area on land, in an area of 21,216.95 square meters located in the streets Emeterio Larraín Bunster No. 0390 and El Cerro No. 1,745.
Then the neighbors were put on alert, and together with the Defend the City Foundation, they presented, each for their part, resources before Mayor Evelyn Matthei to invalidate the permit. As they did not obtain positive results, they appealed to the Comptroller General of the Republic.
The state agency accepted the complaint, and through opinion NE 89540, of March 26, 2021, it indicated that Building Permit No. 35/19, of the Works Directorate of the Municipality of Providencia, is illegal, as it does not comply with current regulations in relation to the coefficient of land occupation.
The Comptroller’s Office is not limited only to verifying the illegality denounced, but ordered the Municipality to arbitrate measures to correct the irregularity within a period of 20 days, counted from the receipt of the office. However, the resolution was disregarded by the DOM. Moreover, through Resolution No. 07/2021, it decided not to invalidate Building Permit No. 35/2019, maintaining its validity and validity, ordering Inmobiliaria Mirador del Cerro SpA to make some corrections to the Building Permit in question.
That is why the neighbors decided to go to justice, through the Osorio Vargas studio. The conflict had to be resolved in the Courts of Justice.
“We regret that Mayor Evelyn Matthei has not timely exercised her role as hierarchical superior of her municipality, because the permission contrary to Law should have been invalidated on the date on which the Comptroller’s Office had stated it,” says Patricio Herman, of the Defend the City Foundation. And he adds: “I hope that today the Director of Works, Mr. Sergio Ventura, will proceed to invalidate the illegal permit.”
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