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

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