Council of State suspended the Land Use Plan of Bogotá

The ruling of the high court notes that, in this case, the power to regulate land use is the District Council.

April 3, 2014

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The Council of State decreed the provisional suspension of the effects of District Decree amending the Land Use Plan of Bogotá (Decree 364 of August 26 of 2013), issued by Gustavo Petro.

The ruling notes that, in this case, the power to regulate land use is the District Council.

Under the decision, Article 313 of the Constitution makes local councils the power to regulate land use. For its part, the Constitution of Bogotá (Decree Law 1421 of 1993) attributed only to the municipalities the possibility of adopting the General Plan Land Use Planning Physical.

The law states that the mayor can issue the Land Use Plan by decree itself, if after 90 calendar days, the project has not been approved by the Council. However, the ruling explains that the project was presented within the terms established by law and was denied within the normal procedure, so that the former mayor was not authorized to issue a new POT by decree.

Analyzed the process of the initiative, it is concluded that three papers to the draft agreement, including a negative, that was what came of voting were discussed. Before this event, the speakers presented request for reconsideration , which was denied because it was filed too late that what is considered irretrievable and therefore , the project was shelved.

The exceptional power delivered to the mayors is only possible "when the Council takes no decision on the draft agreement for review, in the sense to approve or deny it within 90 calendar days, which did not happen in this case, as was seen, Bogotá Edilicea Corporation spoke negatively about the Proposed Agreement 118 of 2013, so it is repeated, the Mayor could not adopt by decree", said the ruling.

The opinions expressed in this article are those of the authors and do not necessarily reflect the viewpoints of Activo Legal Ltda.