Quercus and Fórum Cidadania Lx ask Ministério Público to halt private university residence at Quinta dos Frades in Lumiar, Lisbon

Quercus and the Associação Fórum Cidadania Lx submitted a complaint on Tuesday to the Ministério Público in an attempt to stop the construction of a private university residence at Quinta dos Frades, in Lumiar, Lisbon. They argue that there are “clear” breaches of the Municipal Master Plan (PDM) and environmental risks linked to tree felling and the sealing of the ground.

The development, promoted by Alea Capital Partners, envisages six residential blocks, with four storeys above ground level and three underground parking levels, exceeding 23000 square metres of built area.

Nuno Quental, from the Associação Fórum Cidadania Lx, says the associations were alarmed by the use of tacit approval, a mechanism that allowed the process to move forward because Lisbon City Council did not issue a decision within the legal deadlines.

“Such a mechanism exists to protect owners when the Public Administration takes too long to respond. But even where there is tacit approval, it must always comply with planning rules,” he told JN.

Classification of land use

According to the association representative, the main breach relates to how the land use is classified. The PDM only permits “equipment use” in that area, but the associations argue that a student residence is, in legal terms, residential use.

“What is going to be built is not equipment; it is residential use. The PDM itself is explicit when it includes student residences in that category,” he maintained.

In the submission delivered to the Ministério Público, Quercus and Fórum Cidadania Lx state that the municipal regulations allow only up to 20% of complementary residential use on that plot-a limit they believe is vastly exceeded by the scale proposed. “Clearly, without any room for doubt, this proposal does not comply with the PDM,” Nuno Quental insisted.

Soil sealing and permeability

Another point being challenged concerns soil sealing. The associations claim that building three underground levels undermines the permeability indices required by the PDM and erodes the character of one of the remaining green areas in that part of Lumiar.

“We are talking about an area with mature, leafy trees that is still quite significant. We think it is possible to find a solution that complies with the PDM and preserves this green space that is important for the city,” said the Fórum Cidadania Lx representative.

The associations also accuse the developer of failing to submit the vegetation survey and assessment required under the Legal Framework for the Management of Urban Trees. The site contains 249 trees.

Request for an interim injunction

In their application to the Ministério Público, Quercus and Fórum Cidadania Lx are seeking an interim injunction to immediately suspend the effects of tacit approval and prevent the works from starting and trees from being felled. They are also requesting that the administrative act be declared null and void.

Nuno Quental considers the case a sign of growing development pressure on Lisbon and argues for faster action by the authorities.

“The country is experiencing enormous pressure on land. There is a need for housing-no one denies that. But we have to be able to develop cities without destroying what defines them,” he said.