The Territorial Planning Commission of Girona, in the session of January 17, 2019, adopted an agreement referring to the municipalities of the Girona coastline by which:
a) Assume the Memorandum justifying suspension of processing and licenses in the 500 meters stretch from the maritime-terrestrial public domain, the Urban Planning Plan for the review of unsustainable land on the Girona coastline, which includes the following municipalities: Portbou, Colera , Llançà, Port de la Selva, Cadaqués, Roses, Castelló d'Empúries, Sant Pere Pescador, l'Escala, Torroella de Montgrí, Pals, Begur, Palafrugell, Mont-ras, Palamós, Calonge and Sant Antoni, Castell-Platja d Aro, Sant Feliu de Guíxols, Santa Cristina d'Aro, Tossa de Mar, Lloret de Mar and Blanes.
The Memorandum justifying suspension of formalities and licenses in the 500 meters stretch from the maritime-terrestrial public domain, with slopes greater than 20%, considers that this suspension is appropriate to avoid the development of actions with a strong environmental impact and Landscapes that do not respond to criteria of sustainability.
The agreement itself determines that the duration of the suspended processing process is until the initial approval of the Urban Planning Plan for the review of unsustainable soils of the Girona coastline, for a maximum of one year, without prejudice to the mandatory suspension that is Agreements together with the aforementioned initial approval.
It also states that if during the preparation of the work of the Master Plan, prior to the initial approval, it is appreciated, for certain areas, the non-need for suspension to achieve the objectives set forth in the Plan, it will be abandoned without suspension effect in these areas.
b) Suspents, pursuant to article 73.1 of the Revised Text of the Urban Planning Law, in order to study the training or reform, the processing of specific urban planning plans and urban management projects and urbanization, as well as suspending the licensing of land plots, construction, reform, rehabilitation or demolition of buildings, installation or extension of specific activities or uses and other municipal authorizations Related areas established by sectoral legislation, in the following areas of the mentioned municipalities.
a. The development sectors that are totally or partially within the 500 meters stretch from the public waterfront with more than 50% of their surface area on slopes above 20%, whether they have the approved planning as if they were They are still pending ordering, in accordance with the attached plans and the listing of this agreement.
b. Uncultivated urban land and not included in development sectors that are totally or more than 50% within the 500m stretch of the land maritime domain with more than 50% of its surface with slopes greater than 20% , in accordance with the attached plans.
The suspension agreed by the Territorial Commission of Urban Planning of Girona on January 17, 2019 implies that the City Councils and therefore the City Council of Roses can not grant new licenses temporarily to start new buildings in the lands found in the area affected by the suspension.
In any case, this suspension does not paralyze the works of construction or urbanization that are already authorized. Therefore, the works that are already running at the moment can continue.
Against the suspension of procedures and licenses of the agreement of the Territorial Commission of Urban Planning of Girona dated January 17, 2019, a resource of height can be lodged, in accordance with what is foreseen in articles 112.1, 121 and 122 of Law 39/2015, dated October 1, on the common administrative procedure of public administrations, before the Minister of Territory and Sustainability, within a period of one month from the day of publication of this agreement. The appeal shall be deemed dismissed if three months have elapsed without the express ruling being issued and notified and the administrative litigation will remain open.
Given the specific characteristics of the land, it is suggested that a resource of height be submitted by exposing the relevant reasons why it is considered that these urban areas or sectors should not be within the area affected by the suspension, showing from The opposition initiates such suspension and manifests the serious economic damages that this suspension can cause.
The appeal will be based, among other reasons and due to the circumstances of each case. If it is treated with consolidated urban land, where having completed urban planning duties, it is only possible to materialize the building, which violates the building rights. On the other hand, the development of the construction works would not be contrary to the principles of sustainable urban development established in article 3 of the Legislative Decree