Portal de Murcia
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STC 936/2012 confirms the legality of the procedures for implementation of the General Plan that includes the northern agreements.
The Board rejected the appeal of the Neighborhood Association Senda de Granada and for costs, no appeal against the ruling, "by arguments baseless".
This statement joins other 3 that support the legality of the General Plan and the New Condomina agreement, fourth guaranteeing the legality of adaptation to the General Plan Land Law and the Court of Auditors' opinion on the legality of the values ​​of buildability conventions of the North.
Since 2001, the judgments are 5 of the Administrative Litigation Division of the Superior Court of Justice of Murcia which support the legality of administrative approval made in the General Plan, the New Condomina agreement and adaptation of the Act PGOU regional ground, clearly rejecting the arguments made by the litigants (Iruñesa Business Park SA, PSOE, College of Architecture, Anse, Neighborhood Association Senda de Granada ...).
These statements set the right fit management developments in the area north of the municipality.
Thus, Case 983/2005 of 30 December and 461/2006 of 16 July 2006 of the Administrative Litigation Division of the Supreme Court of Murcia establish the full legality of the regulation contained in Article 06.02.14, regarding the two alternatives SD soil management, and regulation of Article 8.1.3.
about the possibility of incorporating the general system soils GD-SD.
The judgment 461/2006 states likewise full legality of the content of the agreement approved in May 2001 for the development of New Condomina performance, except the section on the calculation of the 10% utilization is entitled to municipal administration .
The judgment 729/2009, on the other hand, rejects what is intended by Anse in establishing the New Condomina partial plan complies with the laws relating to the maintenance and protection of spaces hydraulic and environmental impact studies.
Reduction buildability
Judgments 574/2012 of 13 July 2012 and 936 of 27 December 2012, against the City Council's approval of the PGOU adaptation to regional Land Law states that it complied with the procedures laid down in Article 137 of Land Law regarding administrative procedures, being a compulsory and not an adaptation of the General Plan amendment.
The Supreme Court concluded that the City Plan Urban adapted to the Land Act following legal channels.
In addition, stresses that there was an increase buildability (but reduced) and also floors deprotected environmental value.
These soils, stresses the Judgment, remain undevelopable destinations with environmental protection, forest and landscape.
The judgment comes after a complaint from the Neighborhood Association Senda de Granada, which was ordered to pay costs.
Against the judgment can not be appealed.
Similarly, the Court of Auditors, in order of June 3, 2009, to allegations of PSOE councilor, José Manuel Abellán, determined that in the assessment of the uses of the conventions of the North followed the procedures established in legislation.
The Court of Auditors consisting failed "and unequivocally demonstrated the absence of any assumption of responsibility accounting."
And condemning the PSOE coasts.
From all the previous judgments of Administrative 2005, 2006, 2009 and 2012 and the opinion of the Court of Auditors, 2009 it can be concluded that all procedures and formalities driven by the city of Murcia have had a common denominator: their full legality and transparency, always for the benefit of citizens and the public interest.
In this regard, in addition, judges have reviewed, investigated and sentenced to five times that all administrative processes emanating from the Consistory in relation to the northern agreements are guaranteed by law.
This is demonstrated by the last sentence 936/2012 of December 27, developed by the First Section of the Division of Administrative and promoted by the Association of Residents Senda de Granada, seeking annulment of the adoption of adaptation PGOU Murcia Land Law.
The application was lodged on 28 February 2006.
Judgments 461/2006 and 727/2009 set, and also among other issues PGOU and New Condomina, the following:
- Reject the breach of the legal regime for the incorporation of developable land without sectorizar to urban transformation processes.
- Reject the changes in the provisional approval of the General Plan are substantial.
- Understood that the statements regarding the regulation contained two alternatives is sufficient.
- They say that there is no reserve dispensation, and that regulation of the Northern (SD) is equally applicable to all soils.
- The decisions considered that there has been misuse of powers and that the motivations of the regulation of the alternatives are not alien to the public interest.
- Establish the legality of the agreement because New Condomina complies with Regional Land Act in force May 31, 2001, regarding the rights of landowners and contains collateral requirements.
Source: Ayuntamiento de Murcia
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