The Supreme overrides Marbella 2010 General Plan

The Supreme Court has declared null and void the revision of land-used in 2010 Marbella General Plan, approved in separate orders of the Ministry of Housing of the Junta de Andalucía of February 25 and May 7 of that year . In three sentences made public today, the Supreme estimated resources of a community of owners and two companies against so many judgments of the High Court of Andalusia who rejected his objections to this review.

The three statements come to the same conclusion to cancel the revision of the Marbella 2010 General Plan (PGOU), for various reasons, as it was not within the scope of authority of modular planning legalization of the illegally built; not meet the standards of assessment of environmental effects; and the absence of a report on economic sustainability.

The Supreme Court’s decision is a major setback for the slow recovery of the construction sector in Marbella, because the Town Hall will no longer be able to give licences in accordance with the 2010 PGOU. It also means that the future of 16,500 homes which were built illegally, are now in the limbo, because the plan had included a way of making them legal via a system of compensation. The Supreme Court rejected this idea on the grounds that the technicians who designed the Marbella 2010 General Plan did not have the powers to deal with such matters.

The Supreme recognizes the widespread existing urban illegality in Marbella, as a result of the numerous actions carried out outside the law and the uniqueness of the situation created, with repercussions in the field of political management of the city is also conscious states attempt by the City Council and the Board for the regularization of urban model of the city, reflected in the Review of the General Plan but, despite the expressed exceptional planning situation, and despite the attempt normalizing stress that their obligation is to control the legality of the Marbella 2010 General Plan review, and canceled for the following reasons:

1. Do not fall within the scope of the power of modular planning legalizing the illegally built.
2. Not in the hands of the planner alter or distort the concept of consolidated urban land.
3. It is not legally possible to proceed to alterations by the planner of the legal mechanisms of responsibility for the failure of urban duties, considering fundamental principle attributing it to the promoters of constructions against the provisions of the Article 19 of the Consolidated Text of the Land Act 2008.
4. Also lacks support the demand for new services that alter the balance of property rights and also depend on the modulation level legalization by the scheduler itself.
5. There is fulfilled the requirement of the European Directive on Environmental Assessment, as the study has not analyzed the possible alternatives to the proposal finally, not even identified.
6. There is no economic sustainability report.

The high demand for luxury property in Marbella keep pushing the prices higher and higher every month and with this new development from the Supreme Court, to override the Marbella 2010 Marbella General Urbanistic Planning or PGOU, even more so… If you would like Xcape Real Estate to help you find the right property in Marbella the Costa del Sol, please do not hesitate to fill the form on Contact Us or give us a call on +34 952 811 010 Now!

We also look forward to assisting you on selling or renting your property on the Costa del Sol, Spain.

Source: Sur