April 12, 2024

Principle of local autonomy.

Nullity of the Urban Development Master Plan, which cannot replace a Municipal Development Plan.

The High Court of Justice of Catalonia, Contentious-Administrative Division, Second Section, in a judgment of 29/02/2024, not yet final, has declared the full nullity of Article 39. 2 of the NNUU of the Urban Development Master Plan for the revision of the unsustainable land of the coast of Girona (PDURSNS_LG) <which declassified the land in the area of Aiguafreda and included it in the territorial system of open spaces within the category of coastal land (key UTR-C1) and proposed that the general municipal planning of Begur classify it as a forest protection area>, on the grounds that this violated the principle of local autonomy. Although an urban master plan can declassify land, it cannot leave the principle of local autonomy empty of content, depriving the Town Council of any possibility of regulation, replacing the Municipal Management Plans. 


As a law firm, we are satisfied with the decision to uphold our appeal.

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