–
The Constitutional Court (TC) issued a ruling – last June – in response to an unconstitutionality action filed by the residents of the Lince district four years ago against the ordinance issued by their municipality and which -in part- rules in favor of this commune empowering it to use up to 30% of the total surface of the Mariscal Ramón Castilla park for infrastructure.
The dispute between the neighbors and the municipality of Lince dates from 2016.
At that time the municipality issued the municipal ordinance 376-2016 that “establishes provisions for the conservation and district management of the Environmental Reserve Area (ARA) – Parque Mariscal Ramón Castilla in the district of Lince”.
This ordinance divides – through article 9 – the zoning of the Mariscal Ramón Castilla park – claiming “for management purposes” – in the southern zone (passive recreation zone) and the northern zone (active recreation zone). The latter offers the possibility of infrastructure development within it.
Likewise -through article 14- certain activities that imply noise pollution were prohibited and in article 15 18 prohibitions are established, the most controversial being: crowds of people and / or demonstrations; hinder the work of the personnel in charge of the maintenance and irrigation of green areas and carry out activities of any kind that hinder internal circulation routes.
On these three articles, a Lince residents group filed -in 2017- an unconstitutionality action on the ordinance before the Constitutional Court, whose response was issued last month.
-The decision of the TC-
The Constitutional Court indicated that the power of the municipality to zon the park in the southern zone (passive creation zone) and the northern zone (active recreation zone) is correct, agreeing with the commune.
He added that Within this zoning – active and passive – the municipality of Lince is authorized to generate infrastructure up to 30% of the total surface of the area as established in article 40 of ordinance 1852-MML.
“Thus, active recreation requires specific infrastructure, such as sports courts or games for children. Indeed, in the north of the park there are facilities such as the Mariscal Ramón Castilla Sports Complex, and there is infrastructure and equipment to carry out various activities”, Mentions the failure.
However, ruled against article 14 of the ordinance declaring it unconstitutional alleging that the Municipality of Lince it has not shown a substantive reason to distinguish noise pollution. Too declared unconstitutional part of article 15 in which the agglomeration of people is prohibited.
The practical consequence of this ruling is that the Municipality of Lince will be able to carry out the infrastructure works it deems appropriate in the active recreation area.
–
