Reference photo Tent La 50 de Cali (Photo: José L Guzmán – El País)
This Thursday, May 23, the decision of the Administrative Court of Valle del Cauca was known, which ratified the ruling of the Administrative Court 20 of the Judicial Circuit of Cali that restricts massive events in Carpa La 50.
The inhabitants of the El Lido neighborhood presented a popular action demanding the protection of collective rights and interests, and this was resolved in their favor. The lawsuit began in 2018, when the inhabitants filed the action against the Municipality, the SAE and Carpa 50, managed by the company Eventplus Cali.
The Administrative Court of Valle del Cauca indicated that:
“It is necessary to maintain the decisions adopted in the original headquarters, in order to safeguard the collective rights of the inhabitants of the El Lido neighborhood, given the constant activities carried out in La Carpa la 50, which does not comply with the complex implementation and regularization scheme. established in the POT”.
Although Carpa La 50 has had a land use since 1997 for “dance hall, disco and grill”, the permit is conditional on not generating any kind of social, urban, environmental impact or inconvenience to neighbors.
The protection of the collective right is based on the argument of the enjoyment of a healthy environment, which was being violated to the inhabitants of the El Lido neighborhood by the municipality of Santiago de Cali and the company Eventplus Cali SAS, operators of the Carpa La 50 .
This decision was made under judgment No. 046 of December 16, 2020, through which “collective rights to the enjoyment of public space and a healthy environment” were protected.
The lawyer Henio Márquez, who established the petition, told Blu Radio that this is a great achievement for the community: “It gives me satisfaction as a lawyer to have contributed to achieving this favorable result, it is the ratification that solidarity, union, can achieve things that seem impossible, the community met permanently even with “pajamatón” protests with pans, etc,” he told the media outlet.
The local media tubarco.news, collected some stories from residents of the sector:
“The first event held in the tent was called ENIAA 2000, a religious-type activity, during the time the activity lasted: four days, praises, celebrations, songs and very loud noises were heard in the place. Additionally, it they left the rubbish exposed on the street in the open air for fifteen days (…)”, Amparo Jiménez told the media outlet.
He ruled in the first instance, which was ratified in the second and was known by the local media tubarco.news, indicates the following points:
“-Study the concept of land use granted in 1997 to the place where “Carpa 50” is located and determine if an establishment with the special characteristics of the tent can be governed and function with a concept of land use devised and granted for real estate with construction license. If not, you must carry out the respective procedure to revoke it.
-Establish the special conditions that this type of mobile structures must meet, for its development and proper functioning and the development of activities enshrined in articles 297 and 299 of the POT, in order to mitigate the impacts that they may generate in their environment, related to aspects such as noise emission, occupation of public space, waste production, among others.
-Adapt the requirements demanded in the Implementation and Regularization Scheme to this type of structure, given that due to its innovative form of design and installation, they are not assimilated to a construction work, but they can generate a greater environmental impact than a building, in the terms of articles 297 and 299 of the POT.
-The Municipal Administration must establish a term for the company Eventplus Cali SAS to design a contingency plan to mitigate the possible environmental impact generated by the operation of the “tent 50”, adjusted to the conditions established by the municipality.
In this order of ideas, the decision of the court is not to carry out any type of activity related to live public events, fairs, cults, recreational activities, exhibitions, distribution and consumption of alcoholic beverages inside the establishment and other activities referenced in articles 297 and 299 of the POT.
All this until a mitigation plan is made to avoid the possible environmental impact that it generates with its operation, related to aspects such as noise emission.
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