Intervención municipal en paisajes urbanos y periurbanos degradados o contaminados visualmente

Abstract

The objective of this work is the legal treatment of the degradation experienced by urban and peri-urban spaces and the visual pollution of the former. A methodology of qualitative nature and legal basis is used. The precepts contained in the European Landscape Convention, state and regional legislation, urban planning and municipal ordinances acquire special relevance. Likewise, reference is made to the jurisprudence of the Constitutional Court, Supreme Court and Superior Courts of Justice, and reports from the state and regional Ombudsman. The most up-to-date scientific doctrine underlies much of the discourse. To a lesser extent, social networks and Google search engines are used. The following can be cited as the main conclusions of the study. It is considered essential that the PGMOU defines urban rehabilitation, regeneration and renewal actions. In urban planning, the aspects with the greatest landscape impact must be regulated. Artifacts that distort visual perspective should be prohibited in urban areas. The provisional occupation of plots would have to be restricted. And as for Mobility Plans, instruments that enable pedestrianization, they should be part of extensive urban and landscape planning. In relation to the legal formulas for action in visually contaminated urban landscapes, Landscape Plans, although lacking legal obligation, constitute a fundamental tool to offer a unitary image in the finishes of the facades. For the party walls, the solution offered by the Detail Studies, in their volume arrangement modality, is positively valued. The visual impact produced by television antennas can be resolved by replacing them. The massive presence of air conditioning units must be regulated through their prohibition and declaration that they are out of order. To counteract the visual pollution produced by advertising, the installation of advertising elements would have to be limited and restricted. To solve the problem of urban wiring, it would have to be buried underground. The flooding of public space by terraces and nightstands can be solved by categorizing “landscape saturation zones.” The planting of trees in public spaces should be subject to the new guidelines derived from the concept of Green Infrastructure, which require the creation of an integrated system of green tree areas. The Special Interior Reform Plans constitute an essential instrument to fight against light pollution. Regarding commercial signage, the signs that each city has due to their typicality should be preserved and those that are installed in the future should be “standardized.” The study also addresses legal intervention formulas to resolve the problems generated by visual pollution derived from the transgression of the rules of coexistence. Finally, regarding legal formulas for intervention in degraded peri-urban landscapes, various alternatives are proposed. Urban planning should contemplate “non-developable land in an urban environment”, close to population centers. Agrarian Parks can reduce the pressure exerted by artificial surfaces on agriculture and peri-urban natural spaces. Constructions representative of extinct agrarian and industrial architecture should be catalogued, or acquired by mutual agreement or through expropriation. Green Infrastructure can offer comprehensive solutions to the degradation of peri-urban space. For access to urban centers, it would be interesting to incorporate into the planning a catalog of protections for those elements associated with historical, ethnological, environmental or aesthetic processes. Paralyzed urbanization and construction could be addressed through the indirect management of the expropriation system. To avoid the degradation of peri-urban roads, they would have to be registered in an Inventory. Finally, to avoid the accumulation of waste in the outskirts, the land could ultimately be expropriated for failure to f