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You are here -> Home / opinion /

Modification to the resolution of Coljuegos, is not a prebendal

Published date: 2017-08-10
Modification to the resolution of Coljuegos

We from Cornazar are waiting for the approval of the modification of the process of favorable prior Concept in Coljuegos.


wms

 

The Prior Favorable Concept of Mayors dealt with by Law 643 of 2001 according to the High Courts must refer to the norms that regulate land uses and POT therefore it is good that the decree equates them, it should even expressly state that it must be founded Clearly in such rules as established by the jurisprudence in sentence like the T-291 of 1994 of the Constitutional Court.

Once a favorable prior concept or concept of land use is granted based on the current rules of the Territorial Planning Plan for an establishment, in a healthy logic said establishment continues to be authorized as long as it does not interrupt or change the destination, all of this According to several superior principles such as Good Faith, Precedence of Standards, Due Process, Transparency and Reasonability and Legality, such activity is understood to be authorized as an established use, as a consolidated situation or what the same National Police Code Called "acquired rights".

Therefore, the Project must contemplate that once provided in a contract is not required in subsequent contracts, as contemplated in the same Resolution 724 of 2013 of Coljuegos.

It is clear that in the light of the penultimate subsection of Article 60 of Law 643 of 2001, establishments that prove to be in uninterrupted operation since before the validity of said Law, do not require a prior favorable concept, and it is a fact that if not They did not require it at that time, since the same Law exempted them from that requirement, and this is reasonable since the same local rules usually respect these consolidated situations taking them as established uses, so it is feasible that the project Consider this situation.

This situation is not a prebendal, but rather a correct explicit description of a procedure that has been misinterpreted.

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