The Contentious-Administrative Court number 30 of Madrid has annulled the agreement of the Governing Board of the Madrid City Council which authorized the work concession contract for the construction and operation of the Castellana-Bernabu and Padre Damín promenade car parks.
In the ruling, dated May 23 and appealable before the Superior Court of Justice (TSJ) of Madrid, The judge addresses formal issues such as the fact that a new economic-financial feasibility study was not presented after modifications were made to the project once it had been submitted to public information, according to sources from the Urban Planning, Environment and Mobility area. of the consistory.
However, according to the ruling, it has not been proven that the execution of the parking lots, of which one projects a direct connection with the Bernabu Stadium parking lot, satisfies a purpose of general public interest in accordance with the Urban Planning and specifically with the Special Plan.
And furthermore, (…) in no way can it be commiserated with the foreseeable environmental damage for those, but also for the rest of citizens in general, in consideration of a possible suppression of trees and green areas that would entail the execution of the works, as well as the traffic saturation and increase in atmospheric and noise pollution that would cause an increase in vehicle traffic in the area, the inconvenience of which would be far surpassed by the celebration of events in the stadium, he adds.
The Legal Services of the Madrid City Council are analyzing the sentence and, once studied, the council will decide whether to appeal it. According to the City Council, the Bernabu mobility hub foresees the construction of two new multimodal platforms in the area to promote sustainable mobility, satisfy the demand for parking in the area and improve mobility and its environment.
Total, 1,846 parking spaces would be created, of which almost a third (547) would be allocated to residents, neighbors and merchants with a monthly payment of 100 euros as a maximum price.
The council will annually set the maximum rates for rotational places. On Padre Damín Street, the construction of an underpass is planned that directly connects Paseo de la Habana with Padre Damín. This underpass, maintains the city council, would increase the flow of traffic by avoiding passage through the Plaza de los Sagrados Corazones where six highly traffic-signalized streets converge.
According to studies in the Mobility area, The underpass would absorb 25% of the surface traffic (about 200 vehicles/hour that includes heavy vehicles). The platform would also include a dock with capacity for 12 buses that would stop circulating on the surface.
Neighbors of this area of the Chamartn district, united in the Association of People Injured by the Bernabu, They denounced in court the project of the two parking lots for almost 2,000 vehicles and also the 650-meter tunnel with entrances through Padre Damín and Paseo de La Habana, with access to the Bernabu.
The lawsuit filed by the association in court number 30 of Madrid was based, among other facts, on the fact that the need for the parking lots and the tunnel is not justified – an infrastructure that, furthermore, does not incorporate a safety study -, on that both The sidewalks like the tunnel are not of public utility but rather serve very specific private interests, constituting a possible diversion of power: The association also considers that the project lacks valid traffic studies and an environmental impact assessment, while at the same time It would significantly increase traffic congestion, and therefore pollution, and would involve the elimination of 92 trees that are several decades old.
We are right, but another thing is that they give it to you in court. We are not stepping on the ground, The vice president of the Association of People Injured by the Bernabu, Dolores Flores, told EFE this Saturday.
Regarding the sentence, the leader of the opposition and spokesperson for Ms Madrid in the Madrid City Council, Rita Maestre, has published the following message on the social network The same week that the felling of the trees for the works begins, there is a ruling in favor of the complaint by the affected neighbors and it coincides with what Ms Madrid has been pointing out.
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