The court’s decision overturned the review of the inclusion of America, Europe, Paulista and Paulistano parks in São Paulo, allowing the neighborhoods to be divided vertically.
The change was approved by the Condephaat (Council for the Defense of Historical Heritage) of the state of São Paulo at the end of last year.
The lawsuit, filed by Colitivo Gardens, received a favorable opinion from a 7th Public Fiscal Court judge. The decision was published on Tuesday (18).
The judge stated in the order that the vote on the resolution violated the internal regulations of the State Conservation Authority. According to the plaintiffs, the proposal was voted on automatically after the alternative presented was rejected.
The rules stipulate that if the original text is not approved, a new vote must be held, which did not happen.
“In this sense, it was up to the President of the Council, after rejecting the replacement proposal presented by Councilor Andrea de Oliveira Torreño (13 votes against and 07 votes in favour), to go ahead with a vote on the original proposal. But he did not do so,” an excerpt of the resolution said.
The administration of Governor Tarcisio de Freitas (Republicans) did not respond when contacted.
The decision approved by Condephaat removed any restrictions on the use of properties in the neighborhoods. Until then, the current rule limited household land use, preventing building construction and zoning, according to contracts signed by the owners with the original developer, Jardim América. As of the new ruling, multifamily use is now viable.
This has opened the possibility of creating new residential units in the neighborhood, a type of development that is receiving great interest in the real estate market.
Street planning, building setbacks relative to the edges of the land, and vegetation maintenance continued with inclusion.
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