Accepting the request of the Attorney General’s Office, the First Administrative Judge of the District of Cartagena ordered the Office of the City Mayor and the Inspector of Police of Bocagrande to carry out the necessary works to adapt the building in which the Oz Luxury Hotel operates to the scheme of the Regional Ordinance. – Pot and building permit granted.
When deciding on a popular suit brought by the XXVI Second Judicial Prosecutor for Administrative Affairs of the Bolívar Capital, the judge noted that during the next three months, the elements erected in the forecourt of the building invaded the public space. (Another Aquarella? A hotel in trouble for alleged illegal occupation of public spaces)
The official pointed out that the violation of collective rights related to the enjoyment of public space is clear, because the spaces allocated to the front garden of the Oz Luxury Hotel are part of the public space of the area, and “they are invaded by built-up elements (pergolas) that exceed the limit stipulated in urban regulations, to the extent that they occupy more than 50% of the area, which is not allowed in the pot.”
She added that in the same way, the right to implement constructions, buildings and urban developments while respecting the legal provisions in an orderly manner and giving priority to the quality of life of the residents was violated, as it was implemented without adhering to the provisions of the POT “and in an explicit violation of what was approved in the granted planning licenses.”
He noted that in this case the failure of the Province of Cartagena in its duty to ensure the protection of public spaces and compliance with the urban regulations contained in the POT, as well as in monitoring and controlling the construction of the building, is evident. , and shares the latter responsibility with the Bocagrande Police Inspectorate.
