Challenging the road layout in poupo. Urban uses: administrative discretion
Section: Juris. planning , Decisions
"Second. - The ruling party has estimated the demand and has rescinded the forecast poupo on the route of replacing the road proposed by the agent due to the modification of the route compared to the previous regulations poupo has not been justified, as proposed by the agents it has been.
Judgment against the individual resources interject appeal the government and the common request to keep the road in poupo designed to have a curvature more open and therefore more suitable to the topography and the type of traffic in the future will have to bear, that is the proper access to an industrial and logistics. Read the rest of this article »
Tags: urban plan , street
Classification and wide roads in poupo
Section: Juris. Administrative , Decisions
"Third. - For the proper resolution of this point, we should remember that the judgment appealed expressly distinguishes between the width of the road Montaup, which considers that it is not mandatory in certain poupo, and classification of the same type that includes any of the aforementioned provision of the Rules of urbanization, which concluded that the content is a necessary plan. Read the rest of this article »
Tags: urban plan , street
Opening of a road in communal lands
"Third. - Regarding the question of funds, must assume that, as noted in the agent insists, is not in this case the approval of a preliminary land development or installation but merely the opening of an access road to the properties of the appellants. However, the application under consideration has a unique address important and relevant permits, blueprints, rules governing the regulation of construction the parish of La Massana. This arrangement is contemplated as a system of licensing system of prior administrative intervention in construction activity that stakeholders conducted on land owned or which may have any qualifying title. In this case, On the contrary, the contents of the draft that the agents have submitted to the authorization of the Common appreciate that allows the opening of the road that is to undertake to perform the most part on communal land. But as is clearly the judgment appealed, agents do not possess a right to dispose of community property or, consequently, to impose change in their current state, however you might say that the road to be building will continue the consideration of public asset. In short, we are not in this case before a common assumption of control of an administrative intervention on private property, but in reality, the Common has validly denied approval of the draft based on its proprietary powers, found in affecting the property that holds. The exercise of these powers on properties of which concerns the administration can not be prosecuted with the same perspective that you would use administrative powers to control building on private property, which is the general assumption that Regulations governing construction standards of the parish of La Massana, invoking both parties.
In conclusion, the rejection of the application of agents is adjusted right from the moment when they do not have a right to change the current state of community assets that are affected by the draft, and the Municipality may validly decide, based on its proprietary powers, on the target that aims to give these properties. "
Judgment of the High Court dated 19/4/01, number 01-23
Width of roadway: sorting out
"The purpose of responding to the creation of the Unit is, among others, the regulation establishing a road system across the street Hortalets Guem of 7 meters and determining, as conditions regulating the building of the alignment on road, this means that buildings, as Hill House, which currently do not respect the width of 7 meters, remain under outside management, and provides information about the planning of the AU indicates that subject to the Article 126 of the General Regulation of territory and urbanism (LGOTU).
Third. - The part agent, the property of which (Hill House) does not respect the expected width of 7 meters adjacent to the street Hortalets Guem asks to be replaced by the width of 7 feet by 6, if it respects in order not to lose the current building construction as a result of retranqueig must respect if they demolish it and to do it again.
The reality is that Article 6.5.d) Regulation of urbanization (RU) supports only exceptionally retain the width of 6 meters on the streets now in effect ring up, to continue or exit to the existing urban fabric in areas of old historic consolidated, that is the case of street Hortalets Guem, notwithstanding the limits of construction must be put corn at least 7.5 meters away from buildings.
Consequently not be replaced in the width of 7 meters by 6 meters from the street Hortalets Guem, with rejection of the claim exercised in the use of appeal. "
Judgment Hall Administrative Court dated 20/5/09, west L. Saura, no. 54-2009.
Tags: road
Surplus road: condition of public property
The room TS for administrative judgment dated 20/4/09, west L. Saura, No. 36/2009, believes that the remaining vials of the same-l'eliminació for modification of a curve, the portion of land not intended to keep the road in good condition the public domain.
"The issues raised comes from the fact that the land abuts this road and when it was rebuilt, the curve traced the threshold was dropped to be replaced with a completely straight path, so that between the property private and the current layout has remained as surplus land, the area that now is spent on road.
Roads are public property to the extent they are affected to a public use and the use of vehicles (Article 76 of the Administrative Code) and under the provisions of Article 78 of these goods lose their quality above or by express decision of the competent authority when the well is no longer needed for public use, or because of no use for a public use for twenty years.
If there were no possibilities of the two mentioned in the previous paragraph, so that the excess road continues the good condition of the public domain.
Third. - Regardless of the legal nature of the excess of road that we have explained, the ground of appeal is not confronted with "road" (the road on its current path 4) but with "excess" of road, so If the right of access that they require guarantees associated with the particular terrain of confrontation with the road is not possible to guarantee access to road, because there confront, as currently abuts the road who is just the excess roadway. "
Tags: road
The provision of infrastructure is compatible with the environment protection
The High Court by judgment dated 21/7/08 No. 57-2008, understands that the provision of a road to poupo is compatible with the limitations of the environment protection legislation because of the cultural heritage sector "works" and "facilities", but does not prohibit the provision of communications infrastructure in the environment protection and therefore be present when the corresponding project execution will be required when the prior authorization granting the license that legitimizes intervention and will be checked at this point that integrates the infrastructure on the land so as to respect the criteria of the Law on Cultural Heritage.
Tags: environment protection , poupo , road
