These two terms: the concepts of location and land uses are often confused so it is worth to see the difference before going on to see what the famous "mayor's previous favorable concept for localized luck and chance games" is about:
The municipal and district Territorial Ordering (OT) is based on Article 311 of the Political Constitution, which establishes the power and duty of municipalities to order development within their respective territory. This constitutional rule was initially developed by the so-called Organic Law of the Development Plan or Law 152 of 1994, specifically Article 41, which states that municipalities must have planning plans in addition to their development plans. Subsequently Law 388 of 1997 further develops these norms granting tools to the entities to apply said OT through the so-called Territorial Planning Plans also known as POT.
The last mentioned Law defines Municipal Territorial Ordering as that "... comprises a set of concerted political-administrative and physical planning actions, in exercise of the public function that corresponds to them ..." so that it can have efficient instruments To regulate its territory and regulate its use, transformation and occupation of the public space, taking into account socio-economic strategies and in harmony with the environment and other historical and cultural elements, mentioning also factors of urban planning but also of use and destination.
It is from these faculties that the municipalities issue the denominated concepts of location and the Urban Curadurías, today, the denominated uses of the ground although these 2 concepts usually refer to the same thing, nevertheless in the first case the Mayoralty issues an administrative act ( Because finally what it does is to make a decision to accept or not a commercial activity in a certain real estate) and in the second one the Curator what it emits is a technical concept on whether said activity is allowed there according to the destination and use that has been Approved at the time of issuing the urban or construction license.
Both land use concepts and building permits determine the land use of the required property, but in the case of licenses it refers to permission to build in order to give a particular use to the property that is intended to be built , Granting rights acquired to its owner on said property for a specific destination, which as a rule cannot be changed in the future; On the other hand, the concept of land use not only grants no right to its applicant or the owner of the property, but also cannot modify rights that have been granted through a license
"Viewed in this way, a concept of land use is an act that has no effect, which is merely informative and non-binding use of the current regulations for a particular property, without taking into account previously authorized uses"
On the other hand, we have the so-called Prior Favorable Concepts of the mayors referred to in Law 643 of 2001, which clearly along the legal tradition of these 16 years that have elapsed since the appearance of the Law, have been confused with The concepts of location usually issued by Local Administrations either through their Departments or Secretariats of Planning or other dependencies, or even directly by the Municipal Mayors.
However, from the controversy that has unleashed COLJUEGOS E.I.C.E. Throughout the country, confusing these terms and giving them scope that is not even in the current rules, considering that whenever a new contract is signed or an extension of the concession contract is requested for the exploitation of localized games, It must be consulted whether the Mayor grants a permit for such an operation, that is to say, as if the favorable concept was granted for the execution of a particular contract, as if it were not enough that for a single time, based on the POT or Rules of territorial organization that were in force at the time of initial establishment of the activity, it is verified that it is in accordance with the destination of the property and the vocation of the area where it has been established.
In this way, acquired rights are ignored in cases where licenses have been issued with specific destination, the principle of legitimate expectations and established uses are ignored that appeal to the respect of the concept of consolidated situations commonly seen in urban uses, and Of course, that many other principles such as pre-existence, good faith and legality are violated to the detriment of the interests of traders who in good faith calculate investments at a time that is usually higher than the term established in Law 643 of 2001 3 or 5 years, and which of course ends up being insufficient to recover even this investment, allowing many administrations on the move making use of political arguments or corruption, deny the renewal of these concepts that even without being necessary in accordance with Current and relevant standards, understand that it is a requirement that COLJUEGOS has stable Which cannot be ignored.
Proof of the foregoing can be consulted the repealed articles 101 and 103 of Law 788 of 2002, which were subsequently repealed by Judgment C-1114 of 2003, with a presentation by Judge Jaime Córdoba Triviño, since these articles provided clarification that said Concepts are exactly those that are issued from the rules of territorial order of each Mayor, which clearly states that the intention of the legislator is none other than to ensure that these rules of territorial order are respected at the time of establishment of the Activity, but not that of granting dictatorial or monarchical powers to the Mayors so that they are varying their concepts to the detriment of the merchants of a particular sector.
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