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The Ministry studies appealing the NUT ruling: "they leave Dénia in a situation of lack of planning"

February 08 from 2022 - 14: 52

After knowing the sentence of the Superior Court of Justice of the Valencian Community that declares null the NUT (Transitory Urban Regulations) of Dénia, prepared by the Department of Territorial Policy to respond to the lack of planning in the city and approved by the Council in December 2018, the Councilor for Territory, Maria Josep Ripoll, has contacted the Generalitat to find out if the sentence will be appealed by the competent institution: from the General Directorate of Urbanism they have confirmed that the possibility of filing an appeal before the Supreme Court is being studied.

This option would mean keeping the NUT in force by suspending the sentence while the appeal is resolved before the Supreme Court. Ripoll has also pointed out that at the moment, "since the sentence is not final, the NUT are in force."

On the other hand, the councilor has stated that the meaning of the sentence has not surprised the City Council, which also filed an appeal to consider that the Generalitat's proposal invaded municipal powers and compromised the future planning that is being worked on. Appeal at this point pending resolution.

"The ruling of the TSJ comes to say that, effectively, despite the transitory nature, it is a planning instrument for all purposes; that is why the court considers that it should have passed the environmental evaluation process." "In the end, a defect of form, or rather different interpretations of urban planning legislation, leave Dénia again in a situation of lack of planning."

"However, our sights are set on the new General Plan. Whatever happens with the NUT, the situation will be provisional because our roadmap is to have the new document approved before the legislature ends. In fact, the new document it is well advanced after successfully passing the environmental procedure, the most expensive one”.

If the Ministry does not appeal the sentence that declares the nullity of the NUT, in Dénia the rules of direct application established in the urban planning legislation would govern, until the approval of the General Plan, and landscape integration studies would be necessary for the granting of each building license higher.

Mayor, Vicent Grimalt, and the Councilor for Territory will meet tomorrow with Benito Mestre, president of the CEDMA, and with the representatives of the College of Architects to inform them first-hand of the situation.

1 Comment
  1. Ignacio says:

    Let the builders who are the main stakeholders turn to the business is theirs. Let them pay for the resources, not the entire population for them.


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