The Corridor Plan Coastal Protection and urban planning

Sentences of the Hight Tribunal of Andalucia about the PGOU of Marbella

Conference on the Decree on undeveloped land of Andalucia

It is published in the Official Gazette formalization of the concession contract of public works in Puerto de la Bajadilla Marbella

New Trial Court No. 8 in Marbella

The land development

May 012013

The Corridor Plan Coastal Protection and urban planning

The Decree-Law 5/2012, of 27 November, on urgent measures in urban and coastal protection of Andalusia through the Corridor Plan Coastal Protection and coastal hinterland.

The zone of influence is regulated in Article first 10.1.Aj of LOUA established between General Planning determinations, as follows: “Regulations for the protection and proper use of the coast with delineation of the influence zone, which will at least five hundred meters from the inner edge of the shore of the sea, it can be extended due to the characteristics of the territory. ”

Also governed by Article 17.7 of the LOUA which states: “In the land affected by the Coastal Protection Easements that are not yet being implemented, the planning instrument that sorts the spaces allocated to use and public enjoyment, until, only to actions or uses that do not compromise the future public use and enjoyment for the plan will be allocated. Likewise, in the Coastal Zone of Influence will avoid continuing urbanization and building screens , seeking the location of public use areas on adjacent land to the Protection Easement Area. ”

The goal for both the regulation of Andalusia litorial corridor is to establish guidelines to be taken into account in urban planning for expected developments on the fringe corresponding to the coastal hinterland.

This is definitely a positive measure for the protection of environment. However, as raised by the sudden freezing of a large number of urban plans, private investment and local planning for coastal municipalities of Andalusia, has two positive effects whatsoever. The first is the legal uncertainty for current and future private investors, as this corridor protection plan coastline could have been raised and the late nineties when predictably a major urban development on the coast. The second is to halt urban development that would have caused a significant number of jobs as needed at this time in Andalusia, whose rates of unemployment is the highest in Spain, when they could have established a temporary guidelines to avoid indefinite gridlock affected performances.

 

Alejandro Javier Criado Sánchez.
Doctor in Law and Lawyer

Apr 262013

Sentences of the Hight Tribunal of Andalucia about the PGOU of Marbella

Last May of 2010 there took place the definitive approval of the General Plan of Marbella. One of his aspects that more he debates was provoked by it was undoubtedly the normalization of housings, which basically consists of the forecast of soils dotacionales to compensate excesses edificatorios respect of the General Plan of 1986. The normalization appears in addition give the General Plan of Marbella, not as a mere legalization of a certain number of real-estate promotions, but as a basic question that the new model of city affects and that in addition fits with the same one due to the important increase foreseen for public soils. Likewise, inside this exposition, which furthermore he debates it provoked it was the fact that the cost of compensation of the soils dotacionales.

Well then, inside more than four hundred judicial procedures contesting the General Plan of Marbella, already there has been more than one dozen of judgments of the TSJ of Andalusia they declaring on the normalization of housings and establishing that the normalization adjusts to the urban development legislation and to the existing jurisprudence on the urban development planning in Spain. Likewise, though one does not declare directly on if they have to or not to be the owners of housings those who confront the cost of the normalization, provided that it is a question that corresponds to the execution of the planning, if that has established that in any case and in conformity with the beginning of royal subrogation, the new owners of the soil subrogan in the rights and urban development duties. That is to say, that in execution of planning, must be the owners of housings, named also ” third parties of good faith “, which confront the costs of the normalization.

Of all forms, there will be necessary to wait for a future pronouncement of the Supreme Court on this question, which surely does not take place before 2018, provided that his jurisprudence is clear enough with regard to that the planning cannot take the legalization as an object. The important thing, for the present time, is that the TSJ supports one of the most important questions of the General Plan of Marbella and has not created what would be a problem of extraordinary gravity for Marbella since would be the nullity of an important part of his general planning that, ultimately, is one of the basic props of the juridical existing safety in the city from the Government of the Managing Commission presided by the lawyer don Diego Martin Reyes and supported with extraordinary brilliancy for the current regidora Mrs. Angeles Muñoz Uriol.

Alejandro Javier Criado Sánchez. Doctor in Law and Lawyer

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Feb 282012

Conference on the Decree on undeveloped land of Andalucia

Jornada sobre la reforma de la LOUA

Thursday March 8, 2012 will be a conference on the Decree on undeveloped land, particularly on the new regime of existing buildings and settlements in that kind of soil. The event is organized by the Foundation Fydu and the city of Malaga and will be held in the auditorium of Heritage Museum Malaga (MUPAM). All information of the day in www.cursourbanismo.com.

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Dec 242011

It is published in the Official Gazette formalization of the concession contract of public works in Puerto de la Bajadilla Marbella

puertodemarbella1

Last December 24 was published in the Official Gazette the resolution of the Public Ports Agency of Andalusia by making public the contracting of public works concession of the Port of ampiación Bajadilla Marbella, awarded on June 6, 2011, formalized didiciembre 1, 2011 in favor of the joint venture formed by Nasir Bin Abdullah & Sons, Ltd., City of Marbella and Puerto groups of Marbella SA for a total of 84,840,435, € 40

Download BOE of December 24, 2011.

Dec 202011

New Trial Court No. 8 in Marbella

It has created the new District Court No. Eight in Marbella, whose details are as follows:

C / Doha, Arcos de San Enrique, Marbella

Magistrate Judge: Iltma. Ms. Labella Doña Rosa Fernandez

Secretary: Don Dionisio Antonio Carrillo Fuillerat

Phone: 951891377, 951975457 / 458 / 459

Fax: 951891378

 

Nov 062011

The land development

In this audio podcast lawyer Alejandro Criado and architect Juan Antonio Serrano discusses the phases of soil development. Not only the aspects of planning, but planning and execution of building process.

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