15 December 2017 - 12: 58
The Ministry of Housing, Public Works and Vertebration of the Territory has published on Friday, December 15, in the Official Diari of the Generalitat Valenciana the new Transitory Urban Planning of Denia (NUT) which replace the old Transitory Urban System (RUT).
The document, from 125 pages, can be consulted in a virtual way on the website of the Conselleria, and from Monday, and during 20 business days, at the offices of the City of Dénia. During the period of exposure to the public, neighbors who wish may submit claims to the document, which will be studied by the Ministry.
This Transitional Urban Standards Project, as explained by the general director of Land Management, Urban Planning and Landscape, Lluís Ferrando, "Its purpose is to establish the applicable urban planning regime in Dénia, so that the viability of the management that will establish the new Structural General Plan (PGE) that is being drafted can be preserved and, at the same time, will allow and facilitate continue the urban activity ".
It should be remembered that the Supreme Court annulled the current RUT, approved by 2013, for "the bad processing of the previous regional government, which did not comply with the corresponding public information" and, therefore, this cancellation supposed the application of the General Plan of Dénia of the 1972 "An obsolete plan that was issued under the validity of the Land Law of 1956, when there were not even urban planning standards nor was it submitted to an environmental assessment, as recognized by the Superior Court of Justice of the Valencian Community".
Therefore, the current Valencian Government agreed in the Plenary Session of the Consell to initiate the processing of a Transitory Urban System Regime (RUT) for the municipality of Dénia in accordance with the provisions of the Law of the Generalitat, of Territorial Planning, Urbanism and Landscape of the Valencian Community (LOTUP). In parallel, the City of Dénia also initiated the processing of a General Structural Plan for the municipality that drew public information for a period of 45 days, the last 20 of October.
By municipal agreement of 19 of October of 2017 the licenses in the whole municipal term were suspended, but, according to has qualified the general director, "licenses can be granted for uses and works compatible with the ordinance that determines the plan that is exposed to the public".
Therefore, the urban legal regime in force in Dénia, until such time as the Consell approves a new RUT, is given by the possibility of granting licenses that are not contrary to the provisions of the General Structural Plan in process, through the mechanism of the Article 66.4 of the LOTUP that provides for the granting of licenses in the absence of planning, provided that the constructions to be authorized are harmonious with the environment where they are located, and that they are accompanied by a Landscape Integration Study.