The elaboration and approval of the planning in the Andalusian urban legislation and its judicial control

Abstract

In this work you can find a detailed and critical study of the processing of urban planning in Andalucía taking as parameter the possible judicial review. To realize this has been taken into account recent case law of the Supreme Court as well especially the High Court of Justice of Andalusia. The legal framework for the development of urban planning in Andalucía is clearly insufficient and inadequate. Proof of this are the two legal reforms in this area occurred in 2012. We propose a new regulation that would affect both the state and the Andalusian Legislator unifying the bodies responsible for planning approval and contesting final approval arrangements and to boost inter–administrative coordination mechanisms enabling faster processing. Because the delay in approving the plans, caused largely by the mandatory intervention of the competent government, is one of the most serious problems that concern to the urbanism in Spain and in Andalusian aswell.