Post by account_disabled on Feb 15, 2024 0:05:27 GMT -5
The Contentious-Administrative Chamber, Section 5, of the Supreme Court, in ruling 869/2023, of June 26, declares that it is not mandatory that a prior citizen participation procedure be enabled in the preparation of planning instruments , in application of article 133 [1] of Law 39/2015 for the processing of the approval procedure of the general provisions.
The question of cassational interest raised in the present case is whether, for the approval of the territorial planning instruments , the state or even regional regulations specifically established for the approval of the regulations must be followed, given the regulatory nature of such instruments.
As the ruling explains, the trial court declared the nullity of the modification of the contested planning reasoning that, if the planning instruments are regulatory in Netherlands Email List nature, their approval must be subject to the special regulations of said general provisions, in which one of the procedures Of special relevance is that of citizen participation [2] .
The Supreme Court declares that βin the regulation of the approval of planning instruments, care has always been taken to impose this requirement of citizen participation as resulting from the Consolidated Text of the Law on Land Regime and Urban Planning, approved by Royal Legislative Decree 1/1992, of June 26, which dedicated an entire Chapter to the "preparation and approval of plans " (articles 101 to 124), said regulation being completed with the Planning Regulation , approved by Royal Decree 2159/1978, of June 23.β
The Supreme Court continues by stating that " said regulations structure a procedure for approving plans and their modifications and review that includes the most exhaustive procedures, and it is worth highlighting, in what is now of interest, that as a preliminary to the approval of the urban planning instruments There were so-called advances that, although both the Law and the Regulation established an information procedure, it was clarified that without a public information procedure, even though article 116 of the Regulation, provides that ' before agreeing to the preparation of any Management Plan , Standard or Program, the acting Urban Planning Administration may open a public information period to collect suggestions or observations on the need, convenience and other circumstances of the planning, a procedure that recalls that required in the questioned article 133 of the Procedure Law but that is imposed without an imperative nature.β
The question of cassational interest raised in the present case is whether, for the approval of the territorial planning instruments , the state or even regional regulations specifically established for the approval of the regulations must be followed, given the regulatory nature of such instruments.
As the ruling explains, the trial court declared the nullity of the modification of the contested planning reasoning that, if the planning instruments are regulatory in Netherlands Email List nature, their approval must be subject to the special regulations of said general provisions, in which one of the procedures Of special relevance is that of citizen participation [2] .
The Supreme Court declares that βin the regulation of the approval of planning instruments, care has always been taken to impose this requirement of citizen participation as resulting from the Consolidated Text of the Law on Land Regime and Urban Planning, approved by Royal Legislative Decree 1/1992, of June 26, which dedicated an entire Chapter to the "preparation and approval of plans " (articles 101 to 124), said regulation being completed with the Planning Regulation , approved by Royal Decree 2159/1978, of June 23.β
The Supreme Court continues by stating that " said regulations structure a procedure for approving plans and their modifications and review that includes the most exhaustive procedures, and it is worth highlighting, in what is now of interest, that as a preliminary to the approval of the urban planning instruments There were so-called advances that, although both the Law and the Regulation established an information procedure, it was clarified that without a public information procedure, even though article 116 of the Regulation, provides that ' before agreeing to the preparation of any Management Plan , Standard or Program, the acting Urban Planning Administration may open a public information period to collect suggestions or observations on the need, convenience and other circumstances of the planning, a procedure that recalls that required in the questioned article 133 of the Procedure Law but that is imposed without an imperative nature.β