Consolidated urban land: building a precarious
Posted by Manuel Casal | Section Juris. planning , Decisions
"Second. - Article 25 of the General Law on spatial planning and urbanism in the wording gave the Law 8/2006 of 21 June, provides that" are consolidated urban land, and so must be qualified by the Plan for parish and town planning, land all those who have least access road and potable water, sewage or drainage system approved treatments, and supply of electricity to serve needs of the buildings or facilities provided by the planning. "
According to Article 7.1.a) of Regulation urban, developed by the previous rule, are the urban land, among others, the "consolidated urban areas with the possession of urban basic services access road, water, sewage disposal system or an approved purification and supply of electricity. The characteristics of urban basic services must be adequate to serve the needs of the buildings and the planned use for planning. "
For its part, Article 8.1.1 of the Regulation provides that urban "consolidated urban land comprises land that have the basic urban services and the Management Plan and urban parish orders directly, without reference to the approval further planning legislation, and accordingly includes a direct drive performance management. However, excluding the necessity of planning resulted in consolidated urban land in cases where the state of conservation, some areas must be subject to renewal operations. "
It is also particularly relevant Article 7.2 of Regulation urban, whereby the construction of highways and roads connecting villages does not provide for themselves on the land surrounding the condition of urban land.
As already stated the judgment of this Chamber no. 37-2008, on May 5, when a planning instrument includes a field in a unit of developable land, "the replacement of this attachment for the classification of urban land as urban and more consolidated, if the claim is based on existence of basic urban services, an activity involves evidence in the courts, very precise and by whom the request. This activity is to identify, with the demand, the area of land of which classification is sought, placing them exactly on the plans and show that they are lands that have adequate basic services. " We must expose "the degree of compliance burdens that must support any urban area in the transformation of land and the economic viability of the unity of action of developable land once lost a portion of land because of the new classification has chosen to separate themselves. "
Third. - In the case now under review, the agent certifies that the land they own is a commercial building erected, which was authorized "tentative and precarious, for a maximum duration of five years" , as is the corresponding resolution of communal 2 February 1994. At the same time, accompanying a series of bills for water and electricity supply companies, which is the building that has these services, while access road and sewage disposal would take place the avenue Enclar, which gives the front.
However, such evidence must be considered insufficient, as stated in the judgment appealed, as it only showed the existence of adequate services to the dimension of the building "temporary and removable" that currently exists, but no way indicative of what can serve the needs of the buildings and the planned use for planning, in accordance with the provisions of Articles 25 of the Law on spatial planning and urbanism and 7.1.a) Regulation urban, the which has been mentioned before.
Accordingly, we conclude that the factual circumstances concur to justify the classification of the disputed land as urban land consolidated, so come dismissed appeal that made the agent. "
Judgment of the Court's administrative room, speaker A. Andres, dated 11/12/09, number 98-2009.
Tags: urban land
