Commentaries on the progress report of 29th of July 29, 2020 of the New Land-Use Planning of Marbella.

13 April 2021
Avance PGOUMarbella2020

The first step to establish a framework of legal security in the new land-use planning of Marbella.

1.- The Progress Report.-

According to article 29.1 LOUA, the progress report defines the criteria, objectives, alternatives and general management proposals, which will be reflected in future planning.

The approval of the Progress Report has exclusively internal effects and its content doesn’t’ bind the future planning.

The main aim is to encourage citizen participation, with suggestions and general proposals.

Therefore, it is relevant to highlight that the Progress Report is a preparatory act, which aims to ease the preparation and future approval of the planning.

In conclusion, the public information period, which ended last 25th of September is composed of suggestions, proposals and general alternatives for management, which served as guidance for the drafting of future planning.

The City Council, on its website, opened a new period to formulate Proposals prior to the initial approval of the new planning, from September 26 to December 30, 2020.

The period for the formulation of allegations will take place once the City Council proceeds to the initial approval of the revision document of the PGOU of Marbella of 1986.

 

2.- General criteria for the future City Model of Marbella.-

The Progress Report establishes the general criteria, which will serve as the basis for the 1986 PGOU revision document, for the configuration of the future City Model of Marbella:

– Recognition that Marbella is not a compact city, but a polynuclear one, based on a  “garden city” model.

– Aim to improve the quality life of the residents of Marbella, considering as such the temporary and permanent population.

– Renovation and urban regeneration, tackling the lack of infrastructure, especially in residential developments.

– Creating a balance between urban regeneration processes and new developments.

– Since there was divergence from the 1986 land-use planning, the starting point is now the current urban landscape.

– Plan to feature new technologies and innovation.

– Aim to attract high quality tourism.

In conclusion, these are the general criteria on which the future general planning of Marbella will be drawn up.

 

3.- Specifics of the urban situation in Marbella.-

 

As the Progress Report anticipates, the causes of the municipality’s urban problems lie, on one hand, with the non-compliance of the general plannings at all times, and on the other, in the existence of three different land-use plannings (PGOU)

·         PGOU of 1986: published and applied 28th November 2000.

·         PGOU of 1998: never achieved final approval from the Government of Andalusia.

·         PGOU of 2010 published 20th May 2010 but declared null and void by the Spanish Supreme Court in 2015.

 

4.- Constructions built against the current planning, at the time of granting the municipal work licenses.

 

This is the most important urban problem the future general planning of the municipality of Marbella faces.

In the PGOU 2010 Report was stated that approximately 18,000 houses are on breach of the 1986 PGOU, as they were built based on 1,009 irregular building licenses granted against the 1986 PGOU stipulations.

As stated in the Progress Report, approx. 300 licenses have been declared null and void by the Spanish Courts. The other 700 building licenses haven’t yet been challenged, thus these are presumed valid and effective.

 

5.- Incorporating buildings in breach of planning where there is compatibility with the new city model.

 

As stated in the Progress Report, in the draft of the future land-use planning of Marbella, is the urban reality existing in the municipality that one that should be taken as the starting point and not the pre-existing planning of 1986. This statement shows the willingness to tackle the problems derived from the irregular buildings.

As anticipated, the planning has as its main objective the organisation of the city model, nevertheless, this can’t be dealt with without tackling the irregular edifications. As a general incorporation of all the irregular buildings would be legally problematic, each case and scenario must be studied individually, and shall be considered depending on the adequacy and compatibility of it.

6.- Conclusions.-

The Progress Report for the revision of the PGOU of 1986 defines the criteria, objectives, alternatives and general management proposals that will be reflected in the future planning.

The main objective of the Report is to facilitate the participation of citizens, through suggestions and general proposals. Among others, we highlight the fact that Marbella is not a compact city, but a polynuclear one, and should be based on a “garden city” model.

The new planning will details the future city model with the aim of improving the life quality of residents of all kind in Marbella.

In the same way, the future general planning will take as a starting point the existing urban reality in the municipality and not the pre-existing planning of 1986, showing the will to solve the problems derived from the buildings built, contrary to the determinations of the PGOU 1986.

Written by

Pérez de Vargas Abogados.

[email protected]

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