The government goes to parliament the bill and environmental impact assessment
Section: Regulations
The General Council has agreed to hear the parliamentary bill strategic environmental assessment of plans and programs and environmental impact assessment of projects submitted by the Government. Opens a period of fifteen days for the submission of amendments by the parliamentary groups.
The Act aims to provide a tool for preventive environmental protection, in the sense that the evaluation of environmental impacts is an important tool for integrating environmental considerations into the preparation and adoption of both plans and programs and projects that can have significant impact on the environment Read the rest of this article »
Tags: environment , urban
Unique buildings: restrictive application; projects of national interest
Section: Juris. Administrative , Decisions
"Fourth. - On the application of Article 57.d of the general ordination of planning and construction of the Encamp on 1 June 1983:
This text provides:
"In cases of public interest, sports centers and playgrounds in general, in which the type of building does not comply fully to present the ordinances may be presented to the appropriate services of the Hon. Common, a draft of that building for study and, where appropriate, subsequent approval. "
Read the rest of this article »
Tags: urbanism
The obligations imposed by the administration to do in terms of urban character are not penalties, according to TC
Section: Juris. planning , Decisions
"Therefore, we examined the interpretation made by the High Court under which the reference to the penalty was only on the fine, so that the removal order of the scale was not considered a penalty.
Regarding the question whether, in respect of infringements of planning, the obligation to do, how to proceed with the withdrawal of an irregular installation, should be considered as a penalty or not, seem that the ordinary courts of the Principality has not been, until now, the decision thereon. The Constitutional Court has no national jurisprudence likely to clarify this point. However, support can be found in comparative law. Read the rest of this article »
Jurisprudential doctrine on planning on the occasion of the soil classification as a consolidated urban
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. El Pla d'ordenació i urbanisme parroquial preveu el creixement estimat o necessari per completar-ne la trama urbana i resoldre el desenvolupament del sòl urbanitzable segons les especificitats i la vocació intrínseca de cada parròquia»
En altres termes, el sòl urbà consolidat permet la realització de construccions immediates, ja que principalment, els terrenys es troben dins un nucli urbà, mentre que els terrenys classificats com a «sols urbanitzables», podran ser objecte d'obres ulteriors, però s'inscriuran dins el marc de les necessitat del creixement de cada parròquia i dins la perspectiva de l'ús racional del territori.
Aquesta Sala s'ha pronunciat en aquest sentit, i principalment en la sentencia 39/2008; en efecte, cal citar el fonament següent sobre el que es recolza la sentencia recorreguda (punt Tercer). La doctrina d'aquesta Sala té per tant un significat diferent d'aquell que li atribueix la sentència recorreguda. Cal recordar que l'esmentada sentència continua dient que:
«Quart.- No obstant, convé analitzar les qüestions associades a la classificació de sòl urbà, en la seva variant de consolidat o no consolidat des d'altres perspectives, i en concret des de la que exigeix l'adequació entre els serveis i les necessitats del planejament a les que hauran de servir per poder, simplement, gaudir de la condició de sòl urbà, no necessàriament de la d'urbà consolidat.»
…/…
Però com, aquesta Sala ja l'ha jutjat (veure Sentencia 82/2008 de data 24 de novembre de 2008, citada més amunt), «per a què un terreny es pugui classificar com urbà no n'hi ha prou amb que disposi dels serveis urbanístics bàsics als que es refereix l'article 25 de la LGOTU sinó que aquests han de ser de tal característiques que permetin afirmar que el terreny té la urbanització consolidada com exigeix explícitament l'article 7 del RU- fins el punt de que les característiques dels serveis siguin les adequades per a servir les necessitats de les edificacions i usos previstes en el planejament».
D'altra banda, l'article 7 del Reglament d'urbanització:
2. La construcció de carreteres i vials de connexió entre poblacions no atorga per si mateixa a les finques confrontants la condició de sòl urbà. Només poden tenir aquesta condició si el Pla d'ordenació i urbanisme parroquial ho estableix expressament, mitjançant la seva inclusió en una unitat d'actuació de sòl urbà.
En aquest cas, podem per tant concloure que la qualificació de «sòl urbà consolidat» no queda justificada per aquest terreny. És cert que els embrancaments dels serveis públics existeixen per raó de la proximitat de la urbanització en fase de realització, però la qualificació de sòl urbà consolidat no seria conforme a la lògica del planejament de la parròquia de Canillo. La qualificació de «sòl urbanitzable» es justifica en la mesura on aquest terreny es pugui utilitzar, si s'escau per fer front a les necessitats del creixement de la parròquia, segons les disposicions de l'article 14 del Reglament d'urbanització (citat més amunt).
Infeasibility of the present appeal appeal to the Notary
Section: Juris. procedural
By judgment dated 2/3/09, No. 13-2009, the Court understands the impossibility to submit the written appeal by the delivery to the Notary to remit to the Technical Commission of Urban Planning therefore considers that "Article 112 of the Administrative Code is appraised to establish that the requests made by individuals must be submitted to the competent authority for decision in accordance with current legislation and within the deadlines. This provision shall apply equally. when it comes to administrative remedies, which are merely a form of specific requests made by individuals against the government, corn has already declared this room in terms of Article 113 of the Code, which is included in the same chapter and the previous section.
Furthermore, Article 132 of the same body of law provides that "when an act is to be executed in a public office, the term shall expire on the last day of woe timekeeping office closing, except that s 'establishes otherwise. "
The combined application of these two precepts derive from two conclusions. First, that the appeal should be submitted to the Technical Commission of Urban Planning, corn on competent to resolve it, and secondly that the deadline for doing so ended the last trading day , when the closure of public offices.
Nowhere is the possibility that the appeal is validly brought before a notary, so that the agent's arguments on this point must be wholly rejected. "
In the same sense see judgment dated 14/9/09, no. 76-2009.
Tags: apel·lació , urbanisme
Regulació de les condicions alternatives a l'exigència d'aparcament i criteris de valoració de les aportacions i compensacions econòmiques: Escaldes-Engordany
Secció: Normativa
El Comú d'Escaldes-Engordany aprovat ( Bopa 57/21) l'Ordinació urbanística per a la regulació de les condicions alternatives a l'exigència d'aparcament i criteris de valoració de les aportacions i compensacions econòmiques, atès que en sol urbà consolidat i especialment en casc antic, la configuració dels edificis ja existents i la mida molt reduïda de les parcel·les de terreny poden implicar que l'ampliació o el canvi d'ús d'un edifici no permetin satisfer a l'exigència de places d'aparcament addicionals segons les disposicions de l'article 30.1. del Reglament de Construcció, o la construcció d'un edifici de nova planta pot igualment implicar la impossibilitat de satisfer a l'exigència de places d'aparcament segons les disposicions i característiques fixades a l'article 29.2. del Reglament de Construcció; en ambdós casos, la llicència tan sols pot ser autoritzada si se satisfà l'exigència de places d'aparcaments, mitjançant el recurs a una de les solucions alternatives desenvolupades en l'Ordinació oa una combinació entre les mateixes.
Alhora el Comú d'Escaldes-Engordany ha acordat ( Bopa 57/21) establir el barem relatiu al cost de creació de places d'aparcament en nous aparcaments públics, tancats i coberts, segons preveu l'article 30 del Reglament de construcció, desenvolupat per l'Ordinació urbanística de regulació de les condicions alternatives a l'exigència d'apartament i criteris de valoració de les aportacions i compensacions econòmiques, d'acord amb els següents paràmetres:
Cost de construcció m2 (sense afectar valor del sòl): 714 €
Superfície mínima d'una plaça d'aparcament (amb els seus accessos, rampes i vies de distribució): 25 m.
Tags: urbanism
El Comú de La Massana aprova les normes urbanístiques
Secció: Normativa
El Bopa d'avui (47/21) publica les normes urbanístiques aprovades pel Comú de La Massana, les quals amb les ordinacions de la normativa subsidiària aplicable a les unitats d'actuació, juntament amb els plànols d'ordenació, constitueixen el cos normatiu específic en matèria urbanística de la Parròquia de La Massana i prevalen sobre qualsevol altra disposició parroquial en aquest mateix àmbit.
Tags: urbanism
El Govern publica les recomanacions sobre la metodologia relativa als entorns de protecció dels béns d'interès cultural
Secció: Normativa
Edict issued by the BOPA (39/21) Today the government has issued recommendations on methodology concerning the environment protection of cultural goods, as well as the constitutive documents of projects or interventions on cultural property the general inventory of cultural heritage and protection of the environment that should be used in the definition of environment protection of cultural property, and the constitutive documents of the projects affecting the environment and cultural property protection.
Tags: urbanism
Land law and policy of access to housing
Section: Planning
In recent months there have been a number of proposals and discussions on how to improve access to housing for citizens of Andorra, as the refuge value of many investments and a special action because of the speculative building moratorium, have located homes for sale, and the few existing rental housing at a price impossible for a family living wage, ie the majority. This is a more far reaching social and economic principles proclaimed in Chapter V of the Constitution, whereby the public authorities shall promote the conditions necessary to implement the right of everyone to enjoy fair housing law, which undoubtedly has a significant social impact, thus contributing to the quality of life and its roots in the country.
If you want easy access to housing for citizens of Andorra, is not only leave its regulation to market rules, there is no other option but to implement mechanisms of action, and in a state law when the state does intervene normatively, ie with laws establishing the framework within which to develop both the private and public, to achieve a particular model of society through the protection of interests general. On housing intervention involves the planning of urban planning, land use ordinance and in accordance with the rational use of land, the public interest and the social function of property values also proclaimed the Constitution, and collected with more or less effective in the general law of the regional and urban planning (land law), which should allow, by constitutional mandate, obtain decent housing.
Urban planning is a branch of administrative law with a clearly interventionist role, then tries to get in every time and the right balance between the exercise of property rights and the achievement of general interest, which is based on three pillars: social cohesion in relation to the right of citizens to obtain decent housing, economic development as the necessary factor of social progress and environmental awareness as an expression of sustainable growth; guidelines that most cities around us take on track premises set out in Agenda 21 of Rio 1992 and the Aalborg Charter in 1994. In this sense the law recognizes the principle of land for public participation in urban planning, both in its conception and execution, breaking the concept that real estate development is a matter reserved to the Administration and the promoter, but attending to their social importance is ensuring the participation of citizens, as evidenced in the process of public exhibition of plans and planning in the same way that must be made with the various development projects that want to develop in the future.
Andorra since 2000, has adopted the legislative instruments of urban planning, so real capacity to intervene in housing policy, but is lacking in the law of the land, and Regulations at the same time develop the mechanisms that exist around and entitled "Instruments of land policy and housing," and to constitute assets of public and private land (eg arts. 153 to 166 the law of the Catalan Urban 2/2002), to offer them in a position lower than the market. This public property is acquired primarily for the transfer of land in the development processes, but could be increased by the expropriation of land developable or not developable, the exercise of rights of first refusal and withdrawal in the onerous transmissions in certain areas, and fate in housing up to 20% on developments of private residential use.
I invoke the Catalan law for the obvious parallel with the regulatory law of the land, but our reality is quite different, but the end in any case should be lesson for another time. French legislation provides universal access to housing in very similar terms, means the Code of the Town Planning (Livre III: Aménagement foncier) and the Construction Code (Livre III several aides à la construction d'habitation et à l' améliorations of habitat - personnalisée Aide au logement), the APL-known aid that many students have received in Andorra during his stays in France, but if not accompanied by measures of intervention on market prices, the State condemned to a permanent subsidy, given the disparity between wages and rents.
The social housing policy for public institutions necessarily involves mainly the Commons, have land to build housing, and that part of private housing on the market with special conditions or protected, notwithstanding the complementary actions of tax incentives or public subsidies reduced interest rates, which by its nature and scope have limited efficacy. The proportion of housing to public or private initiative, and the percentage of promotions in the private, should be established by the law of the land in a fork wide enough, to determine the proportion that the Commons appropriate to their needs. In other legal systems have created the figure of affordable housing, halfway between the free market and subsidized housing, which allows for different pathways to housing, as required.
The main source for the establishment of a heritage of public land that is obtained by technically called the derived planning (promoter activity), the transfer of land at a rate of 5 to 15% of promotion as determined in the urban parish plans through partial plans (private enterprise) or special (public initiative), though this cession is designed to meet service needs and infrastructure (art . soil Act 33), and therefore inadequate and inappropriate for a social housing policy. In this respect the guarantee of use of urban land provided for in the Act, although some will have negative effects on urban planning strengthen in the future land use under the current regulation, and therefore making them immune to the new arrangements for planning, involves the transfer of a large amount of land that the Commons could be used to plan access to housing, although this point would require an amendment to the current urban planning regulations, avoiding in all cases the soil receiving the Commons does not become, as has happened elsewhere, more than a financing tool for affordable housing.
Therefore according to the above, the solution to facilitate access to housing is set up a heritage of public land and housing, and regulate the management of the Commons, so that by public housing, either directly or grant, you can implement the right of citizens to access to decent housing, and in the same way to achieve a reduction in market price due to the increased supply current, which ends only so much residual Andorran legislator wanted to include in the law of the land, and its implementing rules, then in some legal texts of over 180 pages and over 500 articles anywhere you can see the concept of social housing or sheltered, or policies on affordable housing. In this sense the law of the land is more a rule aimed at regulating the exercise of ius aedificandi and some planning, that will solve the problem of access to housing.
Given the limited Andorran tradition in the new urbanism concept, which will require a necessary process of adaptation of new mechanisms, still in draft until the approval of plans for urban parish, it would seem appropriate to promote the figure Agreements of Urban Planning, residually covered the land law in Article 107.3, for which without violating the principle of legality which requires the government to strict compliance with the law, and therefore unable to negotiate the public powers, developers could agree with certain developments or assignments that meet the objectives of access to housing, with the housing market on more favorable terms, always in accordance with the legally established criteria and objectives and controls the law authorizes.
The modifications introduced in the Land Act to apply access policies to housing, should not lead to a review of management plans and parish planning, given the extraordinary delay in its application, when the same Land Act forced its entry into force before February 2002, but should be directly applicable to planning legislation, and the Commons by ordinance determine the percentage of complementary aspects such as housing in the plans and partial Special, as well as the necessary instruments for the management of public land and housing. In this regard, and illustrative in the Catalan Parliament is currently studying a draft amendment to the Town Planning Act to promote affordable housing, which does nothing but further pointed in both directions, strengthen land reserves of local authorities to build housing, and strengthen the skills of planning schemes to determine which part of the new homes that made the private developers should have the conditions of housing.
Therefore be concluded that if you want a real policy of access to housing, and considering that our law has an obvious lack of urban design regulations, there is a triple modification of the law of the land in respect of possible agreement between administrations and developers through planning agreements, which authorize the Common constitute reserves of public land to build housing, to make concession or agreement directly with the financial structure of each corporation and reasons for attending chance, while determining a percentage of the homes have private housing conditions. Otherwise who sets the market prices.
25/6/04
For a democratic planning to citizens
Section: Planning
The property is not absolute or unlimited right, but the legal structure, hence the reservation because of law to define its content. This right in the field of urban use has a very significant impact also affect other rights protected by the Constitution: access to housing, environmental protection, rational use of land, the economic activity, quality of life. Affects significantly on the sustainability of the country, which is the same as saying the guarantee of their future to the extent that this may be compromised if we maintain the growth rate in 30 years that has allowed the country's population tripled, ( of 26,000 people in 1975 to the present 78,000 inhabitants), which should add to the thousands of people who have a second home.
The Constitution in its Article 27.1 establishes a limit on private ownership of its social function as regulated in the neighboring countries. The law of the land in Article 4 provides that the powers of the planning activity in response to the need to ensure rational use of land in congruence with the public interest and the social function of property consistent with the general welfare. Just as the jurisprudence of our courts have applied and developed this principle, stating that the limitations imposed on owners of urban land, in any case constitute a violation of property rights, but precisely the same definition.
So the public interest will require the right to build a command and has certain limits. Tool to define these extremes is the planning. So the planning is not just a regulation designed and used exclusively for developers, but an instrument in the hands of society to define what we are planning model. The planning goes beyond the strict definition of the construction parameters, determines the integration of man and the environment in regulating the activities in it have been developed. So urbanism in its ordering function and sustainability must seek the necessary balance between the legitimate and necessary interest in private real estate development, and the general interest of this activity, in the words of the Constitution: the role social property. In accordance with these principles, it is clear that the speculation in which the country is immersed for years, is located outside of this balance, when it is contrary to planning and social function that has be the promotion of housing.
If, as I noted, we have the necessary legal instruments and case law for planning, according to the full connotation that the term contains, and highlights the fact that the system does not achieve the results set out in the public interest, I plategen several issues:
· Explain how the main engine of the economy for 2004 is the construction, when the General Council adopted on 23 May 2003 a total suspension of construction permits, strengthening those already established itself Land Act 2000 in its second transitional provision?
· How come if the country has instruments of organization, in May of 2003 there was a spate of construction projects, encouraged by a public announcement of the decree of suspension of licenses, of which the more Justice declared null and void?
· Act as if that explained soil predicted two years for approval of plans for urban parish this afternoon over six years, in the most optimistic forecasts?
· Explain how the government has not made use of powers under the fourth transitory provision of the law of the land, to extend the suspension of licenses provided for in Article 91 of Law of the land, the case that common, without cause, definitely not have approved plans for urban development within established under this law? or is there just cause for this delay?
· As facing a common reduction of income for purposes of the moratorium? how it affects the planning of the need to reduce the significant debt income community?
· Explain how the government have combined the preparation of planning schemes and the existence of a moratorium, with the approval of planning agreements to develop major real estate developments, sometimes in places of protection natural?
· How is it that 5 years after approval of the land law, although this is not for lack of application deployment, and we still propose changes, the other part necessary?
· Want to say that the balance in managing the planning, not the private interest that outweighs the public interest? that horse is so unbridled speculation that even with all the instruments we have provided, we can stop it? lack the political will to apply the tools we have?
We should be facing a profound change of regime in terms of planning, both as normative conception and paradoxically, we find that the construction achieves the highest levels of activity that has ever had. The urban plans are fully guaranteed by the mortgage of urban use, for the conception of law that all land is private land for construction and maintenance of the overall building of the parish before the law of the land, genuine expressions Andorran private interest was incorporated into the urban planning regulations, to the detriment of such policies to promote housing laws that provide for our environment, extreme challenge, not only the viability of the system, but the very principle of general interest and the social function of property, which should be the core foundation and urban development.
Leaving the management of all real estate that can generate only country in the capacity market, or for strictly physical availability on deposit and leveling the rubble, merely establish a fertile ground for speculation, as has happened so far. To leave to speculation, and trying to apply the measures computers, protection and planning are already sterile when it would be an act of cowardice as well as irresponsible.
So because the system does not work? Why after five years have not been able to develop an urbanism that suits your needs, eliminating the speculative process in which we installed, and become a tool of progress and quality of life for citizens of Andorra ?. In short, why we have not been able to develop a democratic planning for the citizens of this country?.
Ultra responsibility of public managers and to the inefficiency of the system, civil society must take responsibility that the Law of the land trust him, but to date has failed to propose an alternative model of urban planning. The law of the land and the implementing regulations are entitled to that, individually or through associations, to participate in development processes, whether the allegations in formulating procedures for the preparation of plans and planning processing of development processes, either through partial plans, special or planning agreements, either by requiring the application of planning law in the execution of the property, and in particular the principles that inspire, using the resource public action that the law of the land in its Article 143 gives any citizen to challenge the acts contrary to them.
Plans are planning an expression of balance and reconciling private interest with public interest, a kind of social contract for six years to define a model of society. Citizen participation in its development as tant5 to control its execution, is the guarantee of democratic legitimacy. We advance the challenge of making urban planning more democratic, that is to amend the land law to fully protect the public interest and demand for public diligence and rigor in developing a plan for urban citizens.
We are facing a changing urban culture do not know or do not want to take, and the possibility of recovery are more limited every day. The solution is undoubtedly to the imposition of a planning service to democratic citizens.
7/10/05
