During this day the Supreme Court authorized the resumption of the construction of the megaproject Egaña – Sustainable Community, located in the commune of Ñuñoa and belonging to the real estate company Fundamenta.
The foregoing, because the appeal deducted by Plaza Egaña SpA was accepted, thus putting an end to the controversy or the “bitter chapter” of almost a year, as described by the company. There it was established in particular error of law in the ruling issued by the Second Environmental Court, which partially accepted the claim.
The ruling reads “that, although our legislator recognizes the importance of the participation of citizens in the Environmental Impact Assessment procedure of the projects submitted to the relevant system, granting the legislator to these third parties not only the right to make observations, forcing the authority to pronounce itself with reasoning regarding them, but, in addition, it delivers the right to claim, the relevant thing is that for such purposes it provides a specific procedure. ”
It also adds that “the unviability of the claim, as it denounces that the authority did not consider citizen observation regarding the luminosity (shadow effect) and its impact on the systems of life and custom of human groups, since with respect to such matter the claim was declared inadmissible prior to the issuance of Resolution No. 2/2020, which is why, appropriately, the Executive Director does not pronounce on it”.
In this regard, the manager of Architecture of Fundamenta, Alfredo Palominos, declared that they feel “joy and tranquility to finally know the favorable sentence to our project” qualifying it as a “definitive and unappealable legal support and certainty”.
“During this period, we have always trusted our authorities, both the administrative ones, who decided to keep the Environmental Impact Statement of our project in force, and the judicial ones, who have also come to notify us emphatically with this ruling,” added Palominos.
The document was issued by the Third Chamber of the highest court, composed of Justices Angela Vivanco, Mario Carroza, Diego Simpértigue, Mario Gomez – who voted against – and Dobra Lusic.
See ruling HERE
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