Land not land: inclusion in a unit of action
Posted by Manuel Casal | Section Juris. planning , Decisions
"Third .- The second grievance evident that the appeal relates to the estate called the Golf Channel, the poupo are classified as non-developable land and requires that the classification as urban land or land and inclusion in a unit of action, without further details.
The agent has not identified the part of the estate plan that calls for the inclusion of an AU or n'assenyala the surface, but the practiced expert evidence in the proceedings indicates that it is the opinion that identifies the property as 5.2, Prat on Channel Comallonga, identifying the source of the appeal shows no objection, on the other hand, although the agent does what he says at AU has incorporated his estate, the unique in that it can be incorporated into the adjacent, ie, the UASUNC-C13, urban land is not consolidated.
In analyzing the characteristics of this property, expert evidence, after finding they do not know the limits of it, explains (i) in any case it is a forest land with a steep, 80% and (ii) according to the Natural Hazards Geological Mapping Official Government of the estate has a medium level of danger as the Avalanche Hazard Mapping of Government property is in a risk area level blue.
With this background it is clear that can not be attributed to the estate of the appeal the classification of urban land is not consolidated because it meets none of the characteristics laid down in Articles 25 of the LGOTU and 7 and 8 RU for a land should be classified as urban land, consolidated or not.
And if the aim is the classification as building land and therefore no allegiance to any adjacent unit of this nature do not exist, it is not possible to estimate the claim. The classification as building land reflects the planner's decision to include an area of land which may be made to correspond to a single land owner or owners, in a different unit within which action may be made effective the principle of equitable distribution of benefits and burdens associated with the process of transformation of the soil, so the classification of land as a soil reflects a desire strategic planner that area which is developed in accordance with growth needs of each parish as provided in Article 14.2 of the RU. If this desire does not exist, the land must be classified as non-developable land in any of the variants referred to in Article 17.2 of the RU along the way of formal land should be classified as non-developable land, ie, those with the characteristics referred to in paragraph 1 of Article 17 RU.
If the classification is not developable land meets the criteria cited in the articles and therefore not appropriate for classification as the replacement land. "
Judgement of the Court's administrative room dated 1/26/10, speaker L. Saura, number 05-2010.
Tags: urban plan , urban land
