Again we have the pleasure of addressing you with further comments on the catalog City Urban
Benavente. Although the circle of influence and the subject of comment is confined to this locality, the issues addressed herein and have an analogy with other cities and even other geographical areas than Spain.
However, we are aware of the limitations per se
presents the message we try to convey, but because the Planning as science presents some obvious similarities, it is lighter weight to reach an audience potentially diverse.
Today we continue examined other property protected by the general management tool whose number is 74 and is predominantly located in a central and expanding focus of the original nucleus of Benavente. This is the famous passage Guindas where the route number 6-short-ends at the famous Plaza Mayor, where many buildings are protected, providing a small set "monumental" perhaps the greatest of the town.
Without further ado, we address the comment of that form of property protected.
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In the second paragraph of first paragraph of Article 3 of the state legislature - Text of the Land Law, approved by Royal Decree Law 2 / 2008 of June 20
- and notes that "the exercise of the powers of regional and town planning should be motivated ".
The administrative discretion and authority granted by law to choose between different solutions, all fair, it is a manifestation of maximum intensity in urban planning, from which follows that this being necessary, should be controlled in the interests of the proper protection, both the public interest, as the run.
By express mandate of the constitutional principles, any administrative act should be fully subject to the law and the law and control of this submission is for the courts of litigation order (
Articles 9, 24.1, 103.1 and 106.2 of the Constitution
English), which must determine whether the choice made by Administration, among the many possible, it is rational, consistent or proportionate. Otherwise ceases to be a discretionary decision falls squarely on the arbitrary and, therefore, can be annulled (Article 9.3
Constitution).
In this sense plays a major role proper motivation of administrative action, then, to externalize the matters of fact and law that led to that decision , the judge can monitor such action more criterion. This motivation, in urban planning, is contained in the report called Binding of the plans.
Perhaps the climate of distrust generated in recent times has made it necessary that during the parliamentary proceedings of state
Act, the original text be changed, such as the introduction puts it this issue which, although well known by professionals in the field and sufficiently settled by numerous jurisprudential pronouncements, was omitted in the draft and the previous project.
This leads us to believe that the legislature deemed it appropriate, though not necessary, to explain this principle with Statutory and systematically within the state regulatory body.
And we say that it was not necessary because the principle and requirement set out as a matter of generality Article
54.1 f) of the LRJPAC , Law 30 / 26 November 1992 , saying "(...) will be motivated, with brief reference to facts and legal arguments: f) [acts or agreements] to be issued in the exercise of discretionary powers, as well as that should be under express statutory or regulatory provision. "
However, a proper balance in the application of this principle is reflected in the Supreme Court Judgement of April 2, 2002 that, in this regard, states: " Is the doctrine of the contested decision in finding that the act of outright approval of a plan must not contain any specific and detailed reasons, reform by reform, above all clasificaciónjustificación variations of measurements of partial plans Memory in supporting the management and its (article 13.3 of the Land Act of 1976 and 57 Urban Planning Regulation), which identifies and justifies its guidelines, but may be required, as opposed to administrative action, a reasoning on all variations on the plan incident, notwithstanding that they are justified at the time of his control by virtue of their suitability or correspondence with the general criteria ".
Law 8 / 2007 Land, now the revised text of 2008, but does not require a particularized justification, in Article 11, " Advertising and efficiency in urban governance", imposes the need for the procedures for approval or alteration of urban planning instruments explicit Administration within the documents exposed the public, an executive summary
expressive
"the delimitation of the areas in which the proposed management alter the current, with a map of its location, and extent of that disruption," .
With this exhibition we wanted to start treatment of the contents of this file and in connection with the above bodies may relate both textual and draw their conclusions. To make a cursory examination of the contents of the same aim to protect only the ornamental elements the building was drawn up. That is, it presents a clear architectural value, cultural or environmental is the locksmith who owns the building in question. The level of protection chosen for it is the environmental , which as noted on many other occasions, trying to preserve the urban environment and incardination on a wider scene and global, considered jointly and indivisible or isolated.
Now, if in principle the assessment is made the object of protection has no doubts as to its suitability, as part of administrative discretion above has been commented on, doubt assails us when the object of such considerations is an element capable of separate treatment of the building itself which is attached. That is, considering the extension of the protective level at all having that part seems excessive and bordering on the absurd, simply because not only contravenes the provisions of the Constitution in Article 9, as we have seen, it does not take into account such basic rules as the text on land policy, Article 3 Text Consolidated Land Act of 2008 to art. 54.1 f) of the LRJPAC 30/1992- -Law, as well as autonomic precepts that apply in this matter. In this case the related provisions of the Town Planning Act of Castilla y León and regulatory development, subject to various reforms through Law 4 / 2008 of Action on Planning and Land and Decree 45/2009 respectively.
We believe that the decision of the planner in this case is a blatant example of arbitrary and discriminatory treatment is the owner compared to other similar situations. In this case there is an explanation for this decision given that no building or environmental value whatsoever, or representative of any type or style.
be wasted another great opportunity to revitalize and renew the city center through the replacement of buildings that are considered poor and submit a condition not suitable for rehabilitation or partial or capillary action. Besides the above, in this case by not presenting values \u200b\u200bworthy of protection, the performance would not have other conditions that establish construction standards for the area or scope.
these pages are requested the immediate exclusion of the property of the Catalogue of the General Urban Plan of Benavente.
to planning the next event, take care and be happy.
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