The TSJC admits to processing a dispute that requests to declare the Tres Chimeneas urban plan null and void

 

The Entesa for a Great Coastal Park in Besòs requests the annulment of the approval of the plan by the Generalitat, arguing that the future neighborhood is in a flood zone

The Superior Court of Justice of Catalonia (TSJC) has accepted for processing a contentious administrative appeal that requests to declare void the urban plan for the Three Chimneys of Sant Adrià del Besòs (Barcelona), where it is planned to recover the set of the three towers, the turbine hall, and build a neighborhood with 1,700 apartments, equipment and economic activity linked to the audiovisual sector. The resource is promoted by neighborhood entities grouped in the Entesa for a Great Coastal Park in Besòs and has been formally presented by the Federation of Ecologists in Action of Catalonia.

Specifically, it requests the annulment of the approval agreement of the Urban Master Plan (PDU) for the management of the 32 hectares on the seafront that surround the old thermal power plant adopted by the Territory Commission of Catalonia last March. The plaintiffs' lawyer, Elena Moreno Nogué, explains that the appeal is based, among other issues, on the fact that the future neighborhood would be located in a flood zone, as this newspaper revealed. The appeal was presented in

With the judicial process, the plaintiffs seek to “reverse” the construction of the “macro neighborhood with hotels in a flood-prone area segregated from the urban area” and “the maximum renaturalization of the Besòs coastline, with a large green lung to make it resilient to the effects.” of climate change.” Furthermore, they intend to stop what they call “a speculative process that only responds,” they say, “to the interests of Endesa and Banco Santander, with its real estate agency Metrovacesa.” And that the rehabilitation of the Three Chimneys complex “be done in a manner that is respectful of its heritage values.”

The Entesa, which has always opposed the construction of a neighborhood in the area and has defended its use as a large park, has long accused the Generalitat of “adapting the law to the project, modifying the regulations instead of adapting the project to the normative". When the presentation of the appeal was made public, among other issues it cited the report that warned that part of the planning, the one closest to the Besos River, is in a flood zone, “inflicting the Generalitat's own regulations.” Another argument is that the Government “has modified the regulations to reduce the protection of the Three Chimneys”, with the intention of facilitating the viability of the plan, so that it can be built inside. The presentation by Ecologistas en Acción is explained by its experience against other urban plans.

With the admission for processing, the chamber demands from the Generalitat the complete administrative file of the plan, for which the Department of Territory has a period of 20 days. Furthermore, given the significance that the appeal could have, other administrations involved are called upon to appear as interested parties: the Besòs Consortium, the Sant Adrià City Council and the Badalona City Council.

Before reaching the TSJC, the Entesa for a large coastal park in Besòs had explored the administrative route and political pressure to try the plan. They presented allegations regarding the initial approval and claim that they received no response from Territorio. They maintain that of all the allegations, only those from the company Front Marítim, which groups the owners (Endesa and Metrovacesa), were responded to. The platform has also tried to convince political groups on several occasions: when the municipal plenary sessions faced key votes, or by appearing at the Parliament's Institutional Affairs Commission.