The Ple de l'Ajuntament de Dénia has initially approved it a new version of the General Structural Plan, which includes the darreres modificacions sol·licitades per different supramunicipal entities: the two main ones, which are more binding and mandatory, the increase of the dotacional sòl for educational infrastructures and the inclusion of the proposal of Costs of delimitation of the public domain of the platges of the north of Dénia.
He solved it the first time, a request from the Conselleria d'Educació, the reserve of sun for a future institute in the Bosc de Diana, in the part on s'ubica el Interpretation Center of the Montgó Natural Park. The response to the second, from the Minister, the drawing on plan d'eixa proposal of delimitation of Costs, which once approved by the PGE is will be able to modify at any moment without a problem if finally the Ministeri introduces canvis or abides by the demand for paralització of the 'demarcation' of the mateix ajuntament (sol·licitada in a unanimous motion of all the Corporation approved last February).
Ends here, the latest modifications that have been requested by the supramunicipal institutions in order to be able to approve the planning document, which with the plenary agreement of Hui can pass, per fi, to the definitive territorial commission of Urbanism.
The controversy, understandable, has led to a third point, a new requirement of the General Directorate of Urbanism that, literally, ens exigeix includes the following additional provision to the PGE: "Als efectes d'allò que disposa l'article 33.1 of the LRJSP, the claims that for eventual patrimonial responsibility may be presented against the determinations of the PGE of Dénia will not have a joint and several character for the Generalitat. of said supòsit, will be assumed by the council totally".
Has the municipal government approved this clause? No.
The one that has been approved by the government team is to send the new document to the Ministry, which includes the submitted modifications, and the municipal technical reports that respond to each of the six modifications: including the report signed by the TAG d'Urbanisme and the municipal secretary who said, felt contemplations, that "the proposal for the incorporation of an additional provision that meets the application of the legal criteria to fix all patrimonial responsibility and moreover displaces the rule of solidarity, sense cap motivation, it turns out clearly harmful to municipal interests".
I afig: "The additional provision required in the request of the General Directorate to the urban regulations of the PGE has not been included, because it is detrimental to the municipal interests. Any eventual assumption of patrimonial responsibility requirement s'ha de be governed by Law 40/2015, LRJSP, and specifically by article 33.2 that provides: 'In some cases of concurrence of various administrations in the production of dany, the responsibility is fixed by each administration that meets the criteria of competition , public interest protection and intensity of the intervention. The responsibility will be SOLIDÀRIA when this determination does not continue possible.
Therefore, the Ministry will rebrà, with all the final version of our plan, this report that speaks very clearly of the dubious legality of the request of the General Directorate; With all the documentation, including the report, the Ministry will have to decide on the final approval of the PGE in which it obliges to include a clause harmful to municipal and illegal interests according to our technical reports.
Against it, the city council will take the necessary legal actions if it is included in the final resolution of the Ministry; But, meanwhile, we still have the urban planning that this city needs so much for more than two decades.
Maria Josep Ripoll, Councilor for Territory and Urban Quality of Dénia
