The administrative contentious court number 23 has halted the construction works of the mega cleaning depot in Montecarmelo that the Madrid City Council started in February, by granting the precautionary measures requested by the neighbors who have been fighting for almost three years against what they consider an “industrial mega-installation.”
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The order, notified yesterday, May 20, and which can be appealed by the City Council, considers that the execution of the project would imply “not only the carrying out of the works, but the start of the activity to which the neighbors oppose, for environmental reasons, and for the protection of the rights and interests of minors” as several educational centers are located near these facilities.
4,200 students study nearby
The judge sides with the neighborhood representatives on all points, while the municipal government of José Luis Martínez Almeida maintains an appeal in the Madrid High Court of Justice to build the machinery and garbage park and the base of the urgent cleaning service (Selur) between two schools and a nursery, which together total 4,200 students, although the number of affected minors could rise to 7,000, according to the neighborhood association, due to the proximity to homes as well.
The decision is made because the works are being carried out “without an urbanization project, without any type of urban planning license or other enabling title, without adequate environmental assessment of all the industrial activities contained in the project,” according to this order which refers to a previous ruling that is not yet final.
The appellants argued the need to stop the “irreparable harm to the fundamental rights to health” of the neighbors and responds to “public interests such as the protection of childhood and the best interests of the child.”
The City Council can appeal
The suspension will remain “until a final judgment is issued that ends the process or until it ends for any other reason,” although it could be modified or revoked if the circumstances considered in the resolution change, the order adds.
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The No to the Montecarmelo Depot Platform and the Montecarmelo Neighborhood Association have been fighting for almost three years against what they consider an “industrial macro-installation,” due to noise pollution and waste treatment that generates particles of potentially toxic materials. They also warned about the “fake announcement of supposed renunciation” that it was halted because the Almeida team led by Borja Carabante had again submitted official documentation in the courts confirming the continuation of the municipal project.
From the Madrid City Council, they have assured that they will comply with the judicial ruling and “depending on what the legal services say” they will consider whether to appeal it.
The neighbors distrust the City Council
In recent months, the Madrid City Council had announced the reduction of the projected depot area and had started the construction of an adjacent park, but the neighbors continued to distrust the municipal government as the depot works, started in February, continued progressing.
The Neighborhood Association and the Platform recall that the work was awarded to Urbaser for 7.4 million and that it can be relocated to an industrial area 2 kilometers from the current location.
In March, the councilor of the Fuencarral El Pardo district, José Martínez Páramo, announced that the City Council was giving up the installation of Selur in Montecarmelo, which would be reduced to a cleaning depot with locker rooms for 30 workers, space for carts, storage, and twenty parking spaces; but the neighbors continued to distrust that statement. Now, the judge is the one who has ordered the suspension.
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