Jurisprudential doctrine on planning on the occasion of the soil classification as a consolidated urban
Posted by Manuel Casal | Section Juris. planning , Decisions
The room with the Administrative Court judgment dated 14/9/09, no. 75-2009, acting as speaker B. Plagnet, made an interesting relationship between the common law doctrine established in this room about different issues concerning planning: planning of the content property, property right, rational land use, land classification, consolidated urban land, land urban deferred expressed in this regard:
Note that the classification of land gifts is part of the planning logic and this logic is different from reasoning based on property rights. That is why the preamble of the LGOTU indicates, among the objectives of the Act, "a) Define the content of the urban property as a direct result of planning, so that the right not to build comes only of property rights, but also the planning and subsequent urbanization process. "
These mainly confirms the general principles of Article 16 of LGOTU "Content urban property. The content of urban real estate is a direct result of planning and is composed of successive acquisition or, in certain circumstances and conditions, simultaneously, the right to development and the right to build. »
Generally, the new regulation is based on the search for a rational use of land, as indicated in Article 2 of Regulation of urbanization:
"The urban development purposes is to give effect to the constitutional principles of rational management of land and natural resources, decent quality of life and ecological balance for present and future generations; ..."
Similarly, we can mention in the same sense, the preamble to Regulation of urbanization:
This new system has made possible, in the words of this preamble, a protective precautions and planning, obtaining public land to meet the collective needs and the harmonious and balanced growth of activity centers along with housing and infrastructure, equipment and services inherent in this growth and the general welfare.
More specifically, Article 25 of the women LGOTU definition of consolidated urban land:
Consolidated urban land. Are consolidated urban land, and so must be qualified by the Management Plan and urban parish, all those lands that have least access road and potable water, sewage or drainage system approved for treatment, and supply of electricity to serve the needs of the buildings or facilities provided by the planning. ".
Note that this text apply the definition of consolidated urban land in the box "needs of the buildings or facilities provided by the planning." This definition therefore be interpreted with regard to the general principles mentioned above .
Not just the presence of public services to justify the classification of land as urban land consolidated, as has this court room:
"Why land be classified as urban not enough to have the basic urban services referred to in Article 25 of the LGOTU but these must be of such features that allow the ground state urbanization has consolidated, as explicitly required by Article 7 of the RU-up to the point that the characteristics of services are adequate to serve the needs of the buildings and uses provided for in planning "( Judgment 82/2008 dated 24 November 2008).
"This means that basic services that has the ground that the requested classification as a consolidated city be evaluated based on whether they are adequate to serve the needs of the buildings and uses provided by the planning" ( Judgment 39/2008 dated 5 May 2008).
We can also cite, in the same vein, Article 7 § 2 of the Regulation of urbanization.
2. - The construction of highways and roads connecting villages does not give itself to the condition of the properties adjoining urban land. Only if this condition can have the Management Plan and urban parish it expressly states, through their inclusion in a unity of action of urban land.
The scope of the definition of "consolidated urban land 'can be equally appreciated by the confrontation with the definition of" developable land "contained in Article 14 of the Rules of urbanization:
Land. «1. Constitute developable land all land planning and urban development plan does not include a parish unit of action or urban land classified as undevelopable land.
2. - In response to growing needs of each parish and under the authority conferred by Article 79 of the General Law on spatial planning and urban design, urban planning and the Parish Plan can be distinguished, within the developable land, between units of action development and immediate action units delayed development.
a) Within the units of action for immediate development of developable land should be included the land to its proximity to the urban perimeter of existing services and networks, are more suitable from the perspective of the rational use of land and the ecological balance and sustainable growth, to accommodate new urban developments. It also must include the land requiring development work in more than sixty percent of its surface, which makes mention of Article 29 of the General Law on spatial planning and urbanism. "
The basis of these provisions is clear: the classification of "developable land" must see "In response to growing needs of each parish .. "And under the provisions of Article 79 of the LGOTU
"Forecast growth. The Management Plan provides for growth and urban parish loved or needed to complete them and solve the urban development of building land according to the specific and intrinsic vocation of every parish "
In other words, the consolidated urban land provide the opportunity for immediate construction, mainly because the lands are located within a development, while land classified as "developable only" may be the subject of further work, but s register within the context of the need for growth in each parish and in the perspective of the rational use of land.
This Chamber has ruled on this, and mainly in the judgment 39/2008, in effect, we cite the following basis on which rests the judgment under appeal (third point). The doctrine of this Chamber has therefore a different meaning from that attributed to the judgment under appeal. Remember that the judgment goes on:
"Fourth. - However, should examine issues related to the classification of urban land in its consolidated or unconsolidated variant from other perspectives, and specific demands from the match between services and needs to be planning to use to simply enjoy the status of urban land, not necessarily of the consolidated city. "
... / ...
But as this room has already judged (see Judgment 82/2008 dated 24 November 2008, cited above), "for which land may be classified as urban is not enough to have the basic urban services referred to in Article 25 of the LGOTU but these must be of such features that allow the land has stated that the development as established in Article 7 explicitly requires the RU-up to the point that the characteristics services are adequate to serve the needs of the buildings and uses provided for in the planning. "
Furthermore, Article 7 of Regulation of urbanization:
2. The construction of roads and roads connecting villages does not give itself to the condition of the properties adjoining urban land. Only if this condition can have the Management Plan and urban parish it expressly states, through their inclusion in a unity of action of urban land.
In this case, we can therefore conclude that the rating of "consolidated urban land" is not justified on this ground. True Connections that public services exist because of the proximity of the development in progress, but the status of urban land would be consolidated under the logic of the planning of the parish of Canillo. The rating of "developable land" where the measure is justified in this field can be used if necessary to meet the growing needs of the parish, under the provisions of Article 14 of Regulation of urbanization (quoted above).
Tags: urban land , urban
