Urban Planning and the Environment in the City of Córdoba

Carmelo Edgar Monzón Somazzi and Carlos Isidro Bustos

Land and Architecture, 2022, vol. 1, 15

Abstract: Introduction: After the constitutional reform of 1994, environmental law gained prominence in the Argentine legal order. In this context, the case ‘Gay Baridon, Alejandro c/ Municipalidad de Córdoba - Amparo Ambiental’ was presented, in which the plaintiff challenged a building project authorised by the municipality, alleging a possible impact on the environment and the cultural heritage of the Villa Warcalde neighbourhood. The conflict involved tensions between economic interests and constitutional principles linked to a healthy environment. Development: Alejandro Gay Baridon filed an environmental protection action on 24 June 2019 before the Administrative Chamber of 1st Nomination of Córdoba. His claim focused on preventing the ‘Punto W - Complejo Villa Warcalde’ project from being carried out without complying with current environmental and cultural regulations. The court partially admitted the action with respect to the possible environmental and patrimonial affectation, and rejected the rest of the claims, as well as the precautionary measure requested by the plaintiff, due to the lack of verisimilitude of the right invoked. The collective nature of the process was recognised. In its analysis, the court considered national and provincial laws such as the General Environmental Law No. 25.675 and Law 10.208 of Córdoba, prioritising the protection of the collective interest over economic development. Conclusions: The ruling constituted a relevant precedent in Córdoba by balancing urban growth with environmental protection. The decision reflected a progressive interpretation of environmental law, promoting sustainability, cultural preservation and respect for collective rights.

Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:dbk:landar:v:1:y:2022:i::p:15:id:1056294la202215

DOI: 10.56294/la202215

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