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PGOU. Procedure

 
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Procedure for the approval

 

of a new PGOU

 

By Juan Bertomeu

 

 

The initiative for the making and review of the PGOU corresponds to the Town Council.

During the technical preparation of the PGOU the Town Council establishes consultations and formalizes agreements with other Administrations or representative entities of the affected civil groups, reflecting the results in the records.

 As soon as the PGOU is ready, the Town hall has to continue the following procedural steps, simultaneously:

a-     Public information for a minimal period of one month, announced in the DOGV and in a non official newspaper of wide diffusion in the locality. During the Public Information, the PGOU project  must be deposited  for public consultation  in the Town Council and in the Territorial Services of the Consellería de Urbanismo y Vivienda  located in the Province capital.

b-     It is not obligatory to repeat this step in the same procedure, although substantial modifications are introduced  in the project (subsequently to that public information), but it is necessary that the Town Council notifies the provisional approval to the interested ones who have subjective rights that are affected by the introduced modifications.

c-     Reports of several Departments of the Autonomic Administration (unless already previous interadministrative agreements had been reached).

d-     Report of the Town Councils of the adjacent  municipalities (The lack of this report in the course of a month does not interrupt the procedure).

Concluded all these steps, the Town Council Plenary Meeting decides about its Provisional Approval, (with introduction of the opportune rectifications considering the presented objections), and can already send it to the Department of Territory and Housing for its Definitive Approval.

 

Advisory period before the Definitive Approval

On having received the request of definitive approval, the Conselleria of Territory and Housing initiates an advisory and analysis period and with the Town Council and with the affected Departments. During this advisory period the Generalitat asks for specialised reports; can also request to the Town Council, if necessary, to complete the PGOU dossier, corrects any missing steps, or justify and clarify any imprecise proposals.

 

Passed forty days since the request of Definitive Approval, the Town Council, if considers to be opportune the immediate conclusion of the advisory period, can request its approval without more delay. Passed three months without express decision on this new request, the Town Council can request that the Generalitat recognizes and publishes the Definitive Approval.

 

Definitive Approval

The autonomic decisions on the definitive approval cannot question the interpretation of the Local Public Good fixed by the Town Council; the questions can be founded, exclusively, on requirements of the planning and territorial policies of the Generalitat. As guarantee of it, the suspensive or negative decision must be expressly justified, and specify the infringed legal rule.

 

Therefore, the Conselleria only can make objections about someone of these assignments:

a)     To guarantee the classification as not development land of aney area, in accordance with the Non Development Land Law.

b)     To make sure that the model of growth chosen by the Municipality respects the balance of the territory, without exhausting its resources, saturating the supramunicipal infrastructures, etc. (If there is a Plan of Territorial Action with forecasts applicable to the case, the autonomic decision will be founded on it).  

c)     To impose in the Structural Planning of the PGOU determinations sufficiently precised to guarantee the correct organization of the urban development and, to this effect,  to demand the creation, enlargement or betterment of reserves for public spaces and other equipments.  

d)     To coordinate the municipal planning policys with the autonomic policy about conservation of the cultural heritage, of housing and of protection of the environment.

 

The Generalitat cannot approve definitively a PGOU that contain infraction of a national or autonomic legal rule.

 

Definitive partial approval.

When the objections to the definitive approval only affect areas or determinations so concrete that, doing without them, the Plan could be applied with coherence, the Consellería can approve definitively except in the part under objections, which remains not applicable untill its rectification in the terms specified by the approbatory decision.

If the objections are of very limited scope and can be corrected by a specific technical correction, the definitive approval will be subordinated in his efficacy to the mere documentary formalization of that correction.

 

Publication of the definitive approval and enforcement of the PGOU

The publication of the decision of the PGOU’s Definitive Approval and the entire content of the new Planning Rules has to be done entirely in the Official Bulletin of the Province(BOP), and by means of a summary of the approbatory agreement in the Official Newspaper of Generalitat Valenciana(DOGV).

The new PGOU  is fully in force fifteen days after the publication of the approbatory resolution with transcription of the new Planning Rules the Official Bulletin of the Province.

 

 

 

 

 

 

L

 

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Juan Bertomeu Vallés            Copyright 2004/2008
 

Last Modified :  April 29 2008