THE LAW ON LAND AND URBAN PLANNING IN ANDALUCIA
Keywords:
Urbanismo-Derecho-Andalucía, Ordenación del territorio-Andalucía-LegislaciónSynopsis
This work from the "Derecho Propio de Andalucía collection" is considered the first code of urban planning laws for Andalusia. Both legal and regulatory texts have been included - and even those of a lower order in the normative hierarchy - which, directly or indirectly, are configured as the necessary tool for the different professionals in the territorial and urban planning field.
This work is structured in two sets:
- The first includes the study with general comments and more recent doctrinal articles related to the competence of the Andalusian Government in matters of territorial planning and urbanism. The articles present a thorough study of the different subjects.
- The second systematizes the rules that regulate and have an impact on the different subjects that make up urban planning or territorial planning.
Chapters
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Distribution of powers between the State, Autonomous Communities and Local Administrations. The protection of local autonomy
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Material content of the autonomous competences established in the Andalusian Statute of Autonomy, in art. 56 “Housing, Urban Planning, Territorial Planning, Public Works”
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The protection of the right to the landscape as an autonomous exercise of powers
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The autonomous administrative organization for the exercise of the powers established in art. 56 of the Andalusian Statute of Autonomy
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The concept of territorial planning. The background of territorial planning. The Andalusian Territorial Planning Act. The system of land use planning instruments.Sectoral planning with an impact on OT. Singular actions with an impact on territorial planning.
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Land use plans in Andalusia: the POTA. Subregional land use plans. The coastal corridor protection plan
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Urban planning instruments in Andalusian urban planning legislation. The urban planning system. Urban Plans. Types. Purpose and contents.
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Facilities, equipment, infrastructure and services in urban and territorial planning. Urban planning standards. Legal regime. The “stand-still” clause. Obtaining land for facilities
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Concept of soil
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Undeveloped land in Andalusia. Its urban planning regime. Actions of public interest on undeveloped land in Andalusia. Residential use on undeveloped land.
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Urban plots in Andalusia
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THE RIGHT TO HOUSING.- Constitutional and statutory framework. Constitutional distribution of powers in housing matters. Planning activities in housing matters. The legal regime of protected housing in Andalusia.The power of inspection and sanction in the field of housing.
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Public Land Heritage in Andalusia
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Surface rights and rights of first refusal and redemption. Delimitation of areas. Legal regime of their transmissions
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URBAN PLANNING IMPLEMENTATION.- Introduction: Preliminary reflections. Systematic and non-systematic execution. General ideas. Legal requirements for execution activities. Management instruments and urban development projects.The role of the Urban Development Agent in Andalusia. The three traditional systems of action in urban planning regulations: Compensation, cooperation and expropriation.
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Administrative powers that comprise the urban planning discipline. Control of the legality of planning acts and instruments.
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Preventive urban planning discipline. Acts subject to urban planning licence. The new figure of the responsible declaration.
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Urban Planning Inspection as a joint power for the effective exercise of urban planning discipline
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Planning in the Inspection. Motivation, Regional Inspection Plans. Failure to comply with the duty to pursue urban planning violations.
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Repressive Urban Planning Discipline. The initiation, processing and resolution of the files for the restoration of urban planning legality and sanctions. Legalizable and non-legalizable works.Suspension and resumption of the disciplinary procedure in the event of evidence of criminal proceedings for the same facts.
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The autonomous subsidiary exercise of power in the face of municipal inactivity in the initiation of proceedings. Legally foreseen cases. Incidence of STC 154/2015, of July 9, 2015. Autonomous involvement as an essential requirement for its exercise.
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CRIMINAL PROTECTION OF TERRITORIAL PLANNING AND URBAN PLANNING THROUGH ARTICLE 319 CP. REVIEWS OF ARTICLE 320 C.P.
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PROPERTY REGISTRY, CADASTRAL REGISTRY AND URBAN PLANNING. THE NECESSARY “COORDINATION”
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SECTORIAL LEGISLATION AND URBAN PLANNING
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The crisis of urban planning
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The legal concept of the assimilated to out of order in non-urbanizable land
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Law 6/2016, of August 1, reforming Law 7/2002, of December 17, on urban planning in Andalusia, in relation to buildings constructed on parcels of non-urbanizable land.
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Final Conclusions
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Published
June 18, 2016
Series
Copyright (c) 2024 IAAP Publications Service (Andalusian Institute of Public Administration)
Details about the available publication format: PAPEL
PAPEL
ISBN-13 (15)
978-84-8333-665-6
Legal deposit number (17)
SE-2117-2016
Physical Dimensions
170mm x 240mm
Details about the available publication format: HTML (Spanish)
HTML (Spanish)
Date of first publication (11)
2016-06-18
Details about the available publication format: PDF
PDF
Date of first publication (11)
2016-06-18
