Post by account_disabled on Mar 5, 2024 0:33:30 GMT -6
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 Fax Lists 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.”
The court highlights that "it adds to the above, in what is now of interest, that in the traditional scheme of approval of the Plans, their Modifications and Revisions, includes a first initial approval and a subsequent definitive approval, procedures that without prejudice to The competence (municipal and regional) to carry it out involves a repeated demand for public information that is not equivalent to the participation process , but does involve giving intervention to citizens to formulate allegations that the administrations can accept in this procedural development prior to the mere provisional approval of the management instruments . ”
From the above, it can be concluded that, "in the urban planning field, sectoral legislation, the responsibility of the autonomous communities, contemplates regulations that regulate the matter in detail , in such a way that the regulation of a specific procedure for approval, modification or review of the planning instruments entails the non-application of the general regulations for the approval of the general provisions.”
The Supreme Court declares that “ the regulations contained in the Law of Common Administrative Procedure of Public Administrations for the approval procedure of regulatory provisions do not govern the approval of urban planning instruments , without prejudice to the fact that express referral could be established in “autonomous regulations.”
Grades
[1] Precept that establishes the obligation of a "public consultation, through the web portal of the competent Administration in which the opinion of the subjects and the most representative organizations potentially affected by the future standard will be obtained regarding: a) The problems that the initiative is intended to solve. b) The need and opportunity for its approval. c) The objectives of the standard. d) Possible alternative regulatory and non-regulatory solutions.
[2] Whose relevance has been recognized by the urban planning regulations themselves, establishing a specific regulation of the approval procedure of urban planning instruments, among whose procedures such citizen participation has been insistent, even promoting the planning initiative at the request of individuals .
