What is visual pollution?
The introduction into a landscape of elements that —due to their shape, volume, nature, spatial distribution, material, or color— alter the aesthetics of the environment in a discordant or inharmonious way (or when too many are crammed in a reduced space) produces a negative visual impact on the observer that provokes rejection. And it can also cause changes in people’s health and ecological problems. We are referring to antennas, power lines, billboards, air conditioning units, traffic signs, graffiti, structures with strident colors, or abandoned buildings, among others. This is what we call “visual pollution.”
Does the law provide a wide enough definition of these concepts or is there a lack of awareness?
Despite the increasing use of terms such as “visual pollution” and “visual identity”, their legal implementation is still scarce. Additionally, it does not exist a clear, accurate, and univocal definition of these concepts within Spanish legislation, which makes it very difficult to prevent and tackle effectively this new type of pollution.
Likewise, despite the advanced environmental policies of the European Union, there is no binding regulation for the Member States that specifically defines or expressly regulates visual pollution.
In Spain, to this day regional laws that contain explicit statements about this type of pollution refer to it only in relation to the historical-artistic, or cultural heritage. Fortunately, in recent years, almost all Autonomous Communities in our country have approved laws that include specific provisions about visual pollution. This indicates that lawmakers are beginning to take seriously the need to educate about the concept of visual pollution and the problems that it causes, and are trying to raise social awareness. The goal is, among other things, that citizens become more actively involved in designing the model of city they want for themselves and the image they wish to be projected to the world.
We must defend the landscape as part of our identity, as established in the European Landscape Convention, signed in 2000 within the framework of the Council of Europe. Moreover, the landscape is a resource, insofar as it is usable. It constitutes the base of the productive activities that take place in it and, therefore, it has an economic value.
But public administrations fail to send clear and accurate messages that, on the basis of urban, environmental, and health criteria, address the need to prevent and mitigate visual pollution, so that citizens share the conviction that a more orderly and harmonious environment can be achieved this way—one in which it is much more pleasant and healthy to live.
Antennas, wires, air conditioning units… Are there any regulations that limit their excessive number and their visual impact on cities?
Yes, most of the town councils of the largest Spanish cities, such as Madrid, Seville, or Barcelona, already expressly prohibit in their municipal by-laws the placement on the exterior facade of buildings of air conditioning units, extractor fans, antennas, and solar panels. It is also prohibited to hang clothes and accumulate belongings on balconies or terraces when these items are visible from outside the building and disrupt its aesthetics. Likewise, placing billboards, posters, signs, banners, tarps, and any other advertising element in public space is prohibited unless a municipal permit is obtained.
If the visual identity of a city is threatened by a new building, which are the administrative and legal avenues to stop construction or demolish the finished building?
We should not forget that the construction of a building is subject to obtaining a municipal permit. This means that town halls have the power to reject in advance those architectural projects that may transform the appearance of the urban landscape in a strident, discordant or invasive way.
In other words, ideally town halls should anticipate this problem and implement measures leading to safeguarding both the aesthetic balance, and the proportion and homogeneity of the constructive elements in the urban landscape in order to avoid or reduce visual pollution.
If you are interested in this topic, I kindly invite you to check the following publications (in Spanish):
Barjola, J. M. (7 de mayo de 2023). La batalla por la panorámica de las ciudades se recrudece. El País. https://elpais.com/economia/negocios/2023-05-07/la-batalla-por-la-panoramica-de-las-ciudades-se-recrudece.html
Pérez Manrique, M. (2022). La contaminación visual como afectación del paisaje urbano. Revista Jurídica de Investigación e Innovación Educativa (REJIE Nueva Época), (27), 61-100. https://revistas.uma.es/index.php/rejienuevaepoca/article/view/15276
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