A legal battle in Boulogne managed to stop the construction of a private neighborhood on 10 hectares of the former “Esteban de Luca” Arsenal Battalion.
The court ruled in favor of the residents in two instances and recognized that the real estate development could cause “an irreparable harm or one that is very difficult to remedy later” in the locality of Boulogne, thus preventing the advancement of the private neighborhood.
It is worth noting that Boulogne Sur Mer is currently one of the areas with the fewest green spaces in San Isidro.
One square meter per inhabitant: Boulogne’s green deficit
Boulogne is the largest and most populated locality in San Isidro, with nearly 80,000 inhabitants.
However, it has only 1 m² of public green space per person, well below the 10 m² recommended by provincial regulations and the 15 m² suggested by the WHO.
The site of the former “Esteban de Luca” Arsenal Battalion, located between the Boulogne railway station and the Panamericana, has functioned since the neighborhood’s creation as “a great oxygenating lung and temperature regulator“, according to the Neighborhood Assembly.
This space will prevent a Boulogne private neighborhood from taking part of the land, thus guaranteeing the green lung.
Additionally, it plays a key role in rainwater drainage due to the recurring flooding on Ipiranga Street.
The legal challenges to the new private neighborhood in Boulogne
The project was commissioned to the Rukan construction company by “Santa Rita Desarrollos Sociedad Anónima Unipersonal”.
The project includes the sale of 49 lots ranging from 300 to 750 m² each, bordered by Rolón Avenue, Ipiranga and Serrano Streets, and the Boulogne Barracks.
These are bordered by Rolón Avenue, Ipiranga and Serrano Streets, and the Boulogne Barracks.
The Civil Association “For Everyone Because It Belongs to Everyone” —formed by the Boulogne Neighborhood Assembly and residents from other neighborhoods— managed to halt the works at the end of September through a precautionary measure.
The planned private neighborhood in Boulogne faces many legal obstacles due to this precautionary measure.
Among the main judicial challenges is the fact that no public hearing was held, as required by regulations for these developments.
Additionally, the environmental impact study, which dates back more than 8 years, was neither completed nor updated.
“They cleared an entire hectare of native trees, predominantly cina-cina, and destroyed another forest that was in the area,” warns Silvina Thomas from the neighborhood organization.
Boulogne: the public park that will become a private boulevard
In January, the Municipality of San Isidro announced the creation of a “new public park” alongside the construction permit for Rukan.
According to the Municipality, “with more than one hectare, the Ipiranga park will involve a comprehensive transformation with greater security and better traffic flow”.
However, residents claim it is a boulevard that would separate the traffic directions on Ipiranga and serve as an entrance to the gated community.
This would only separate the traffic directions on Ipiranga and serve as an entrance to the gated community.
“They say they’re making a park, but it’s a boulevard that serves as an entrance to the private neighborhood,” warns Mariana García from the neighborhood assembly.
According to the Land Use and Territorial Planning Law of the province of Buenos Aires, any land subdivision project must allocate at least 10% of the area for public use.
The Neighborhood Assembly argues that the announced linear park does not meet this requirement.
If the project is carried out, the only park left for Boulogne would be Carlos Arenaza, located at General Lamadrid 186.
This “is very small for the population the district has and falls short of what the law requires,” says Silvina Thomas.
Every Tuesday for more than a year and a half, the Neighborhood Assembly has been demonstrating around 7 PM at the entrance of the site of the future Boulogne private neighborhood.
“Parque Boulogne 100% green. No to the subdivision,” reads the banner they raise.
“We want 100 percent of the land to be green and open to the community,” states Mariana García.
For the residents of Boulogne, the position is clear.
“There are situations where collective rights must prevail over private ones, for the benefit of future generations.”
