At the end of October we found a news that was echoed by all means of local, regional and even national media and that surely will still be talking about.
The Supreme Court of Justice, in their sentences of last 27th of October, declared invalid Marbella’s General Urban Plan (PGOU) of 2010, which till then was in force. The essential tool of the urban development around the city ceased to exist all of a sudden.
Alarm bells went off as this plan was published at the time, with the intention to provide the city with legal certainty as it came to regularize a large number of properties that were built in a contrary manner to the previous plan, of 1986, during the infamous time called “GIL”.
Precisely this, the method used for the regularization of the irregular properties, is what The Supreme Court of Justice questions. It is not questioned the regularization itself, but the way it has been done. Important data.
Also, the Supreme aims other technical reasons such as the failure of European demand about the environmental assessment and the lack of an issued report about the economic sustainability. Equally important or even more than the previous.
No doubt the news is a blow to the real estate and urban sector of the municipality where the activity seemed to pick up again with clear signs of having overcome the economic crisis that affected us so much.
Nevertheless, this should not be a lock for the sector. It is now time to develop means to develop the General Plan of 1986 – which becomes effective after the annulment of the 2010 – through transitional instruments; Substantive laws or partial adaptations of the current Plan. These instruments will create a legal framework to support the widest possible development activity in the city. These measures should enter into force immediately being due not take more than a few months its entry into force.
Also, in parallel, we have to start working on a new General Plan for Marbella a General Plan adapted to the current rules, an effective General Plan, an agile PGOU, a General Plan that is an example of modern urbanism that addresses the challenges of a city of the future.
Marbella is the flagship of the Costa del Sol and the engine of the regional economy. Therefore, the Town Hall and the Andalusian Government must work together to reduce delays. Fortunately it seems that the Municipal Corporation also understands it and is negotiating action going in that line.
In recent statements the same mayor of the municipality said that “… Marbella will have a new plan in 2018 and that the time may be shortened only if there is full technical coordination between both administrations“.
For more information, please contact our office Mesa & Green Lawyers where we will attend you trying to solve the doubts you may have concerning this complex issue.