The boundaries between the districts of Pachacámac and Lurín continue to generate disputes between the two municipalities, to the detriment of businesses located in the conflict zone, which face legal uncertainty about their permits and licenses.
Today the issue is in the hands of the Metropolitan Planning Institute (IMP) of the Metropolitan Municipality of Lima (MML), which must present a non-binding technical proposal on the boundaries between Pachacámac and Lurín. However, it has not been determined when it will.
This proposal must then be sent to the presidency of the Council of Ministers (PCM) and subsequently to Congress, the only body competent to set territorial limits.
The area in conflict covers about 30 km2 and there are investments such as the Kusina restaurant (which allocated US$500,000) and the San Ignacio de Loyola universities (which plan to invest US$20 million until 2017 on their campus) and Alas Peruanas, which are recognized as located in Pachacámac, according to their online portals.
As long as the issue is not clarified, legal uncertainty persists over businesses that want to expand or enter this area. For the time being, there are buildings in the area that refer to the municipality of Pachacámac as well as the municipality of Lurín.
PERMITS AND LICENSES
The municipality of Lurín indicates that it will facilitate the procedures so that businesses located in the conflict zone can regularize their permits and licenses in that municipality.
“Let’s check the registration of the properties in the area. We will talk with them to change their license to the District of Lurín; we will give them the licenses according to the requirements they have and we will not make it too problematic,” said José Arakaki, Mayor of Lurín.
In this regard, Carlos Carpio, a lawyer specializing in real estate investment from the Rodrigo study, Elías & Medrano, recommended that all companies that have businesses located in the conflict zone confirm that zoning and the urban and building parameters linked to it –approved or intended to be demanded by district municipalities– are in line with those established by the Metropolitan Municipality of Lima, the only authority responsible for defining them.
In addition, they should verify that the approval procedure for the permits they currently have has strictly complied with the requirements of the national standard. ” These are the two assurances that the administration could have in this context of conflict in territorial demarcation, ” Carpio said.
ZONE OF PERMANENT CONFLICT
The area in conflict between the municipalities of Lurín and Pachacámac is the one between the 34th kilometer of the former South Panamericana (reference the camal of San Pedro), heading towards the Pacific Ocean of the current South Panamericana, and the areas of Rinconada De Puruhuay, Buena Vista, fundo Santa Rosa, junction of the former South Panamericana and AV. Paul Poblet (junction of Pachacámac), Pampa Grande, Casica, Villa Libertad, Huertos de Villena, Huertos de Lurín, Julio C. Tello, Las Palmas, fundo Mamacona, Sanctuary of Pachacamac (archaeological site Pachacamac), with direction towards the north up to the boundaries with the districts of Villa El Salvador and Villa María del Triunfo, indicates the Constitutional Court in its judgment in the file N° 0005-2007-PC/TC.
This court has already ruled on the border problems between Pachacámac, Villa María del Triunfo and Lurín. Thus, he has pointed out that the territorial demarcation of Villa María del Triunfo is established in laws 13796 and 15230, for which reason it should be respected (File No. 001-99-CC/TC).
Regarding the boundaries between Pachacámac and Lurín, the TC has stated that these are not defined. And although there has been an agreement of the Metropolitan Municipality of Lima (No. 011-2000-MDSSP/C of the year 2000), it has been declared null and void for setting district limits without having jurisdiction to do so.