CLARIFY THE NEED FOR DIFFERENT CONCEPTS AND DEFINITIONS (I)
Wednesday, June 30, 2010
Starting A Counselling Practice
This time we will pick up an old thread which was explained in past time and that is relevant today in the town of Benavente.
reuse this argument is his conjecture and interpretation within the procedural framework of urban planning changes ahead in the locality. But to put the reader in a situation we make a brief Synopsis / x-reality-especially the temporal or chronograph.
FIRST .-
in 2009 suffered the first amendment point, on the exclusion of the Catalogue of Goods Urban Protected-determination-general management of a building that was in a ruinous situation.
In 2010, we proceed to make the second amendment turning point, primarily around technical considerations that facilitate the implementation of planning and adjusting to the opportunities presented by the town. 
SECOND .-
The specific amendment is currently in phase-public information after the initial approval, so we are talking of an administrative record that is still alive or in the pipeline. Therefore, it should be noted that these matters are subject to change partial, total or of a different nature.
THIRD .-
The question we want to discuss is about the conception that is reflected in the text of the amendment point, two extremely important concepts not only from the point of view essentially legal, but practical, such as: NOT DISSATISFACTION WITH MANAGEMENT AND PLANNING DETERMINATIONS.
should be noted that establishes regional rules, in particular the Law on Urban Planning of Castile and Leon, as amended by Law 4 / 2008, Measures on Urban Planning Soil and features about what is broken down as follows:
management statement was
1. The land uses, including buildings and facilities that remain before the final approval of urban planning, will result dissatisfied with the determinations of the same may be expressly declared to be managed. In particular, should always be declared outside management
those placed on land uses under the new urban planning must be transferred or expropriation, or
buildings or facilities which have been expressly provided demolition. those placed on land uses under the new urban planning must be transferred or expropriation, or
, and while they should not be undertaken, repairs due to strict security and safety of buildings.
not, however, may authorize works exceptionally partial consolidation, when more than eight years before the deadline set for the expropriation or demolition of property, or that there is no fixed term. Other works shall be illegal, and neither they nor those authorized may result in increased value of the expropriation.
not, however, may authorize works exceptionally partial consolidation, when more than eight years before the deadline set for the expropriation or demolition of property, or that there is no fixed term. Other works shall be illegal, and neither they nor those authorized may result in increased value of the expropriation.
3. The land uses listed in number one and not expressly declared outside organization shall be considered nonconforming uses in urban planning. On the grounds that support these uses may be authorized consolidation works, as well as increases in volume and changes of use to make determinations of the new planning.
4. For the implementation of Law 8 / 2007 of 28 May, Land, it is understood that the situation "outside organization" governed by that law
same name corresponds to the situation and the situation of dissatisfaction with planning regulated by this Law "
For its part, the Planning Regulation of Castile and Leon, as amended by Decree 45/2009 provides as follows about it:
"Section 185 scheme uses outside management
1. On the grounds that support buildings, facilities or other land uses, predating the final approval of urban planning tools, become dissatisfied with the determinations of the same and management will be declared out explicitly the urban planning instrument that establishes the detailed planning can not be allowed any work, except necessary for the implementation of urban planning. 2. However, not be undertaken while the works cited in the preceding paragraph, the Council can grant planning permission to authorize:
a) The repairs required to ensure strict security and safety of buildings and facilities, understood narrowly, in view of the purpose behind this scheme. 1. On the grounds that support buildings, facilities or other land uses, predating the final approval of urban planning tools, become dissatisfied with the determinations of the same and management will be declared out explicitly the urban planning instrument that establishes the detailed planning can not be allowed any work, except necessary for the implementation of urban planning. 2. However, not be undertaken while the works cited in the preceding paragraph, the Council can grant planning permission to authorize:
b) partial consolidation works exceptionally and only when more than eight years before the deadline set for the expropriation or demolition of property, or that there is no fixed term. 3. Other works than those set out in the previous section should be considered illegal, and neither they nor the authorizations can increase the value of expropriation.
Article 186 Regime of the uses conform with the planning
authorize consolidation and increases in volume and changes of use to make determinations the new planning.
2. For the implementation of the revised Land Law, it is understood that the situation "outside organization" governed by that law corresponds to the situation described in the previous article and the situation of dissatisfaction with the planning regulated in this article. "And finally, since the reference of the regional rules is constant terms, at least semantically, in the revised Land Law of 2008, we went to check, in previous form, a number of general issues that will or will allow us to better understand everything about these situations Legal:
- First, we must make a number of generic considerations in order to place these concepts and their impact on property rights. The situation is that management was produced, in general, for a situation arises, for building and construction applications, including, dare we say .- erected prior to final approval of the planning or amendment or revision. In short, any change in urban planning instruments.
The reason for this figure is the legal desire that the building or facility not see prolonged their lives beyond what is desirable. Being buildings that do not fit the picture of the city or its regulatory determinations, we proceed to the "freezing" making it possible to maintain in order to protect the interests of others and, thus, achieve compliance safety and beautification public. However, the declaration of outside management, and appreciate, not determined by itself without further loss of property or even his conviction.
This figure is directly related to the activity of urban planning that every instrument has its own. Therefore, being dissatisfied with the property management maintained or given by the Plan or other instrument should find a solution to the situations they have created.
This figure is directly related to the activity of urban planning that every instrument has its own. Therefore, being dissatisfied with the property management maintained or given by the Plan or other instrument should find a solution to the situations they have created.
The management situation was not manifested as irreversible. So messy that the building can not fall back within the law when they disappear the conditions or reasons that led to his status.
"Secondly, we must bear in mind that this situation is not comparable to other legal situations, techniques such as debris or urban violations committed at the time of performing works, installations or structures not permitted by planning regulations and without the relevant enabling administrative title to such behavior.
to planning the next event, take care and be happy.
UDB
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