Al take a look at the instruments governing the territorial trace of our country, we can see these if they appear with a massive structure, without at least a couple substantial value for its relevance.
I refer specifically to one having to do with the timing of the generation of the instrument to a specific territory, to be effective and efficient from the perspective of physical space and spacetime.
The other value, which is extremely important and affects the occurrence of the above, is referred to the agency for approval to interests that are far from being assets of the "common good" but temporary situations that are relevant to some individuals or some groups, whether natural or legal nature.
To understand the above, we must refer to the Instruments of Spatial Planning and its regulations, which from now we can say that are of a sectoral and distinctly urban accent, as evidenced by the Communal Regulating Plans, the sectional and the city limits.
The instrument's sensitivity to unwanted externalities arises with the same approval mechanisms, which is closely linked to collective decisions by bodies of origin technical, with direct representation, such as community councils, or indirect, as the case of Regional Councils make decisions on their validity or not as a rule regulating the use of a portion of the territory.
might concede that in the case of Common Council, given its direct representation and a schedule of activities established official time by law to develop public participation process set out in some way is a route that involves at least partially to the people, starting to consult the views of CESCO and distributing and exposing the project to the community, completing the stage with an audience public led by the City Council. As a result of this process, we receive letters containing queries, suggestions or comments to the effect that the municipal authorities and the Housing Commission, City Council should open a discussion forum which aims to resolve disputes arising in this stage, all making it more participatory have a value addition that since the process approval following the instrument does not reach the final stages of approval or refusal to take a normative character, since the resolution issued in this instance, the file is sent as the "Project" to be assessed by the Regional Ministerial Secretary of Housing and respective Town Planning, who shall, after examination, issue the "Technical Report" and "Law Report" for, with comments on "Project", by post addressed to the City Council.
then sent to the municipality SEREMI of Housing and Urban Development through regular technical report of responses to the comments in the "Technical Report" and relevant legal report. MINVU closes the review phase, issuing a technical report and a legal report, acting favorably on the "Project." Only then will send the complete file MINVU "Project" Mr. Mayor and Chairman of the Regional Government concerned through regular.
From this process, the Regional Council upon submission of the President proceeded to sit for their approval or rejection of defining, when the practice has shown that the delays in decision making or not making the them, is not necessarily linked to technical issues or search for the prevalence of the common good, but externalities varied nomenclature and origin.
These situations, depending on vested interests linked to the generation of the instrument, causing him to be returned to Seremi MINVU with observations of doubtful significance, in some cases sole purpose seems to be delaying the approval of the IPT process, taking this phase permeability dimensioned not to insider trading for the benefit of private real estate development.
So much so, that the Parliament in mid-2001 on the initiative of a group of members, submitted a proposal to amend Articles 20, 24 and 36 of Law No. 19,175, the Constitutional Organic Law on Regional Government and Administration in the sense of "less bureaucratic" process, taking away from the regional councils the power to make the resolution peer to approve or reject Communal Regulating Plan when Intercommunal Regulatory Plan exists involving the territory of the former, in circumstances that a decision had already adequately covered by the same law, which had approved the PRC Project at the respective Community Council. This will speed up the procedure and could have a more appropriate IPT, which effectively became a tool to regulate urban land use with some degree of citizen participation, and not go with this regulation when the real estate business investors, trade or otherwise, and have generated urban development focused on their own interests rather than the objective search for the common good.
Thus the proposed legislation states: "As to the rationale and objectives of the project, it seeks, first, streamline and simplify the processing and approval of community master plans and amendments thereto, and at the same time, strengthen giving regional governments approve the allocation of regional urban development plan. "
This initiative, which had a cross support of both houses, still fails to give effective results of its origin. This is expressed by some authors state that, despite long years have passed, yet our country has a National Policy on Urban Planning, with all the problems this creates for acting from the regulatory body with a reactive approach rather than proactive, disconnected and decontextualized interventions, specifying the architect Mario Torres' legislative changes are needed in several areas, starting with the necessary modifications to the State Constitution should explicitly include the social function of property and the right to the city are also required changes to the Law on Income Tax, for the purpose of taxing the profits of the sale of urban land, establish ways to capture the gains and payment of any losses generated by urban development and eliminate tax breaks that were adequate in other historical periods. "
That statement clearly demonstrates that the reactive intervention in the administration of the territories, leaving at an advantage to some property owners involved in the effects of these decisions. Besides these advantages are not exploited for the benefit of the common good, but are simply treated the assets of the owners, perdiendo el Estado una oportunidad relevante de obtener más transparencia en sus decisiones al no aplicar impuestos territoriales especiales a aquellos predios afectos a plusvalías desmesuradas, producto de las propias decisiones públicas.
El complejo proceso de aprobación de estos IPT, particularmente en el caso de los Planos Reguladores Comunales, se ha visto reflejado específicamente en la tardanza de la puesta en ejecución de ellos desde el inicio de la propuesta de proyecto del instrumento. Una gráfica al respecto, elaborada por el MINVU respecto al estado de avance de los IPT a octubre del 2006, considerando desde el año 2002 a esa fecha, nos muestra que el 23,2% de ellos se encontraban en tramitación entre el Concejo GORE community and being published only 2.8% (see graph attached)
Additionally, it should be noted that the process does not end with the adoption of the instrument by the Regional Government, but generated such a decision must process Project file to the Regional Comptroller, who in turn submits it to the Comptroller General's Office in Santiago, for the reason for making. After
ends the process of revising the abovementioned body to the light of the outcome, any comments are resolved with the subsequent return to the previous instance, or the absence thereof, to proceed to publication in the Official Journal for its entry into force.
With all this long process, and its externalities intermediate course when they enter into force, much water has passed under the bridge is almost out of time since its commissioning.
Thus, many municipalities face the dilemma of not having planning tools tailored to their expectations and in line with the expected development for them, their Mayors instruct their technical teams in the development of modifications to the instruments of territorial planning attract investment. The important thing is to get estate agents to invest capital in their neighborhood. Never mind the common good. "
This indicates how well the architect Mario Torres, unfortunately it has increasingly become habitual rather than the exception, obviating miserably the meaning of the Commons, having been incorporated on the private one as dominant. Just look at the vast majority of intermediate cities and older who are in practice do the planning of urban land. Architect Mario Torres
delves on the issue noting that: "The existence of a common good requires, by definition, the existence of a common heritage and cultural assets comprising the common good, and because the most important cultural event decisive in the history of mankind, is the city with its dynamism, which has become the heart and motor of the achievements of man and this final habitat, "it can be concluded that the city is essentially good. The common good is what gives meaning and coherence to the city, it should contribute to the most perfect realization of the vocation of every man. "
We verified that what seems an open secret, it becomes the common truth: those who carry forward the process of planning and implementing in practice the urban territory of our country are real estate investments, thus undermine the credibility of country's policy instruments that should be safeguarded so integral as well has described the architect Mario Torres: The Common Good, and who apparently are leaving via delay and lateness and profitability is shortsighted what everyone, not just the few.
So what happens to the urban?, Because unfortunately that is not being planned under the full protection of the common good. Technical background containing sufficient strength to deal without giving the onslaught of so-called powers that be, thus preventing the negotiation of short and mean looking, is the line you draw the route of our urban and suburban areas. Unfortunately, this phenomenon
feeling of loss of control by professionals and citizens on the territory of the track configuration, with a foundation of sustainability in different areas as environmental, energy, social, cultural and economic set up an integrated land use planning that supports the values \u200b\u200bof common good, is replicated elsewhere. Take the case of the above in Mexico by Daniel González regarding this situation: "ultramodern, however, reveals the increasing emphasis on the economic impact of heritage conservation in profitability criteria directly or indirectly in the midst of a once vibrant area by the cult of the Nation the spirit of public utility. The dedication of streets and the removal of statues have been replaced by celebrations exploited by companies. " This ultimately expresses the heritage values \u200b\u200bof the urban management have been disrupted to a process of global consumer market without limits, a situation that derives from the externalities unwieldy processes of the instruments that make up these new "orders" , subject to the exclusive interest of some at the expense of the community. Just
are taking some steps in the quest for validation of decisions about the layout of urban areas, picking up the vision of citizen living in these territories, so as MINVU commissioned the project "development of an inventory of methodologies for Citizen Participation in Urban Development" at a tertiary education institution in Santiago, and under which a seminar was held in March 2008 . This is a tacit sign of recognition of the serious problems that afflict our territorial planning instruments that do not devote a decisive direct participation of the population involved in the layout of their territories.
It becomes necessary then, to find mechanisms to ensure the generation of territories socially just, environmentally coherent, energy-efficient and economically viable. For this aspiration should converge in an expeditious technical visions of potential vocations and regional weaknesses in conjunction with more direct citizen expression and wide as possible regarding these matters in the common good.
is noted that the sustainable city planning can not follow the pattern has continued traditional urban planning. It is not only to insert the variables social, economic, energy and environmental, "but to reinvent ways to anticipate and build the sustainable city for society today and the future."
So we assume that the transformation of the build process trace sustainable urban land, involve a paradigm shift in urban areas, and exit down the dichotomy between the technical aspects that formulate policy proposals and intentions apart from the interest for the common good.
Therefore, it is a big task ahead for the executive and the legislature to take on these weaknesses and turn them into opportunities, on the other regional governments should also have representatives of management mechanisms, and local governments fully assume their role as first line of contact with the aspirations and views of ordinary citizens ...., Democracy, and in capitals, no only exercise voting from time to time by some level of authority is much more than that.
I refer specifically to one having to do with the timing of the generation of the instrument to a specific territory, to be effective and efficient from the perspective of physical space and spacetime.
The other value, which is extremely important and affects the occurrence of the above, is referred to the agency for approval to interests that are far from being assets of the "common good" but temporary situations that are relevant to some individuals or some groups, whether natural or legal nature.
To understand the above, we must refer to the Instruments of Spatial Planning and its regulations, which from now we can say that are of a sectoral and distinctly urban accent, as evidenced by the Communal Regulating Plans, the sectional and the city limits.
The instrument's sensitivity to unwanted externalities arises with the same approval mechanisms, which is closely linked to collective decisions by bodies of origin technical, with direct representation, such as community councils, or indirect, as the case of Regional Councils make decisions on their validity or not as a rule regulating the use of a portion of the territory.
might concede that in the case of Common Council, given its direct representation and a schedule of activities established official time by law to develop public participation process set out in some way is a route that involves at least partially to the people, starting to consult the views of CESCO and distributing and exposing the project to the community, completing the stage with an audience public led by the City Council. As a result of this process, we receive letters containing queries, suggestions or comments to the effect that the municipal authorities and the Housing Commission, City Council should open a discussion forum which aims to resolve disputes arising in this stage, all making it more participatory have a value addition that since the process approval following the instrument does not reach the final stages of approval or refusal to take a normative character, since the resolution issued in this instance, the file is sent as the "Project" to be assessed by the Regional Ministerial Secretary of Housing and respective Town Planning, who shall, after examination, issue the "Technical Report" and "Law Report" for, with comments on "Project", by post addressed to the City Council.
then sent to the municipality SEREMI of Housing and Urban Development through regular technical report of responses to the comments in the "Technical Report" and relevant legal report. MINVU closes the review phase, issuing a technical report and a legal report, acting favorably on the "Project." Only then will send the complete file MINVU "Project" Mr. Mayor and Chairman of the Regional Government concerned through regular.
From this process, the Regional Council upon submission of the President proceeded to sit for their approval or rejection of defining, when the practice has shown that the delays in decision making or not making the them, is not necessarily linked to technical issues or search for the prevalence of the common good, but externalities varied nomenclature and origin.
These situations, depending on vested interests linked to the generation of the instrument, causing him to be returned to Seremi MINVU with observations of doubtful significance, in some cases sole purpose seems to be delaying the approval of the IPT process, taking this phase permeability dimensioned not to insider trading for the benefit of private real estate development.
So much so, that the Parliament in mid-2001 on the initiative of a group of members, submitted a proposal to amend Articles 20, 24 and 36 of Law No. 19,175, the Constitutional Organic Law on Regional Government and Administration in the sense of "less bureaucratic" process, taking away from the regional councils the power to make the resolution peer to approve or reject Communal Regulating Plan when Intercommunal Regulatory Plan exists involving the territory of the former, in circumstances that a decision had already adequately covered by the same law, which had approved the PRC Project at the respective Community Council. This will speed up the procedure and could have a more appropriate IPT, which effectively became a tool to regulate urban land use with some degree of citizen participation, and not go with this regulation when the real estate business investors, trade or otherwise, and have generated urban development focused on their own interests rather than the objective search for the common good.
Thus the proposed legislation states: "As to the rationale and objectives of the project, it seeks, first, streamline and simplify the processing and approval of community master plans and amendments thereto, and at the same time, strengthen giving regional governments approve the allocation of regional urban development plan. "
This initiative, which had a cross support of both houses, still fails to give effective results of its origin. This is expressed by some authors state that, despite long years have passed, yet our country has a National Policy on Urban Planning, with all the problems this creates for acting from the regulatory body with a reactive approach rather than proactive, disconnected and decontextualized interventions, specifying the architect Mario Torres' legislative changes are needed in several areas, starting with the necessary modifications to the State Constitution should explicitly include the social function of property and the right to the city are also required changes to the Law on Income Tax, for the purpose of taxing the profits of the sale of urban land, establish ways to capture the gains and payment of any losses generated by urban development and eliminate tax breaks that were adequate in other historical periods. "
That statement clearly demonstrates that the reactive intervention in the administration of the territories, leaving at an advantage to some property owners involved in the effects of these decisions. Besides these advantages are not exploited for the benefit of the common good, but are simply treated the assets of the owners, perdiendo el Estado una oportunidad relevante de obtener más transparencia en sus decisiones al no aplicar impuestos territoriales especiales a aquellos predios afectos a plusvalías desmesuradas, producto de las propias decisiones públicas.
El complejo proceso de aprobación de estos IPT, particularmente en el caso de los Planos Reguladores Comunales, se ha visto reflejado específicamente en la tardanza de la puesta en ejecución de ellos desde el inicio de la propuesta de proyecto del instrumento. Una gráfica al respecto, elaborada por el MINVU respecto al estado de avance de los IPT a octubre del 2006, considerando desde el año 2002 a esa fecha, nos muestra que el 23,2% de ellos se encontraban en tramitación entre el Concejo GORE community and being published only 2.8% (see graph attached)
Additionally, it should be noted that the process does not end with the adoption of the instrument by the Regional Government, but generated such a decision must process Project file to the Regional Comptroller, who in turn submits it to the Comptroller General's Office in Santiago, for the reason for making. After
ends the process of revising the abovementioned body to the light of the outcome, any comments are resolved with the subsequent return to the previous instance, or the absence thereof, to proceed to publication in the Official Journal for its entry into force.
With all this long process, and its externalities intermediate course when they enter into force, much water has passed under the bridge is almost out of time since its commissioning.
Thus, many municipalities face the dilemma of not having planning tools tailored to their expectations and in line with the expected development for them, their Mayors instruct their technical teams in the development of modifications to the instruments of territorial planning attract investment. The important thing is to get estate agents to invest capital in their neighborhood. Never mind the common good. "
This indicates how well the architect Mario Torres, unfortunately it has increasingly become habitual rather than the exception, obviating miserably the meaning of the Commons, having been incorporated on the private one as dominant. Just look at the vast majority of intermediate cities and older who are in practice do the planning of urban land. Architect Mario Torres
delves on the issue noting that: "The existence of a common good requires, by definition, the existence of a common heritage and cultural assets comprising the common good, and because the most important cultural event decisive in the history of mankind, is the city with its dynamism, which has become the heart and motor of the achievements of man and this final habitat, "it can be concluded that the city is essentially good. The common good is what gives meaning and coherence to the city, it should contribute to the most perfect realization of the vocation of every man. "
We verified that what seems an open secret, it becomes the common truth: those who carry forward the process of planning and implementing in practice the urban territory of our country are real estate investments, thus undermine the credibility of country's policy instruments that should be safeguarded so integral as well has described the architect Mario Torres: The Common Good, and who apparently are leaving via delay and lateness and profitability is shortsighted what everyone, not just the few.
So what happens to the urban?, Because unfortunately that is not being planned under the full protection of the common good. Technical background containing sufficient strength to deal without giving the onslaught of so-called powers that be, thus preventing the negotiation of short and mean looking, is the line you draw the route of our urban and suburban areas. Unfortunately, this phenomenon
feeling of loss of control by professionals and citizens on the territory of the track configuration, with a foundation of sustainability in different areas as environmental, energy, social, cultural and economic set up an integrated land use planning that supports the values \u200b\u200bof common good, is replicated elsewhere. Take the case of the above in Mexico by Daniel González regarding this situation: "ultramodern, however, reveals the increasing emphasis on the economic impact of heritage conservation in profitability criteria directly or indirectly in the midst of a once vibrant area by the cult of the Nation the spirit of public utility. The dedication of streets and the removal of statues have been replaced by celebrations exploited by companies. " This ultimately expresses the heritage values \u200b\u200bof the urban management have been disrupted to a process of global consumer market without limits, a situation that derives from the externalities unwieldy processes of the instruments that make up these new "orders" , subject to the exclusive interest of some at the expense of the community. Just
are taking some steps in the quest for validation of decisions about the layout of urban areas, picking up the vision of citizen living in these territories, so as MINVU commissioned the project "development of an inventory of methodologies for Citizen Participation in Urban Development" at a tertiary education institution in Santiago, and under which a seminar was held in March 2008 . This is a tacit sign of recognition of the serious problems that afflict our territorial planning instruments that do not devote a decisive direct participation of the population involved in the layout of their territories.
It becomes necessary then, to find mechanisms to ensure the generation of territories socially just, environmentally coherent, energy-efficient and economically viable. For this aspiration should converge in an expeditious technical visions of potential vocations and regional weaknesses in conjunction with more direct citizen expression and wide as possible regarding these matters in the common good.
is noted that the sustainable city planning can not follow the pattern has continued traditional urban planning. It is not only to insert the variables social, economic, energy and environmental, "but to reinvent ways to anticipate and build the sustainable city for society today and the future."
So we assume that the transformation of the build process trace sustainable urban land, involve a paradigm shift in urban areas, and exit down the dichotomy between the technical aspects that formulate policy proposals and intentions apart from the interest for the common good.
Therefore, it is a big task ahead for the executive and the legislature to take on these weaknesses and turn them into opportunities, on the other regional governments should also have representatives of management mechanisms, and local governments fully assume their role as first line of contact with the aspirations and views of ordinary citizens ...., Democracy, and in capitals, no only exercise voting from time to time by some level of authority is much more than that.
Carlos Muñoz Parra.
Carlos Mu? Oz Parra Doctor Architect 
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