Hard, very hard drubbing of the Superior Court of Justice (TSJ) to the Junta de Castilla y León and, more specifically, the project Villafría Technology Park, which construction began exactly a year ago and have involves one multi-million dollar investment. The high court has issued a ruling annulling the Order of the Ministry of Public Works January 30, 2009 by finally approving the Partial Plan Burgos Technology Park, an opinion that, de facto, means that work must stop until the development of a New Plan to remedy the deficiencies localized and argued by the Division of Administrative Litigation.
The origin of the court decision must be sought in an administrative appeal brought by the City of Cardeñajimeno against the said planning. Although the arguments refer to the municipality of the district are numerous and varied, deep, and as happened with Complex Economic Activities (CAE), also overturned by the Supreme Court after a lawsuit of the municipalities affected, the township sought to defend what it considers to be its interests on the ground affected by the Plan.
defended in claim Cardeñajimeno City Council that "the obligation to state compulsory transfer 10% of the lucrative exploitation" and that "the plots allocated to the City are the worst in the Partial Plan for having multiple conditions", as long as Case, which this newspaper has had access.
But, again like what happened in the action against the CAE, the 'demand' was accompanied by the complaint of other violations that the Supreme Court itself has considered and that will lead to biased estimates the administrative appeal and "declare the nullity of the order indicated and Partial Plan approved by it, according to the merits of that sentence."
arguments The first ground of invalidity, in that order in the sentence, noting the Board is that "partial plan does not have any access to comprehensive communications system." "Therefore, the speaker continues, attends a clear cause for revocation ... because the (access) provided by the Partial Plan is beyond its territory and any planning instrument or development provides this access. "
Another aspect that requires the speaker to pick up the new document that will be written if the project is to move forward, will be on air Villafría easements. The Board did request Civil Aviation report into the impact that the park would have on the airport, but the state agency took more than a year to answer why the regional executive administrative silence gripped the positive understanding the report.
However, as already proposed last year this newspaper report claiming that it violated over easements Villafria why the judge considers that the delay in issuing the report "allows the continuation of the case, but this does not imply that can violate the provisions of the sectoral legislation. " Is tantamount to saying that, although difficult to digest because it is an important project to Burgos, the Board should await the report of Civil Aviation and take into account their considerations, which have significantly delayed implementation of the project.
addition, the court also considers the appeal on the soil classification. The Partial Plan states that the floor of the Technology Park is classified as "developable unbounded." That led to minimum reserves means that a bag of soil to be developed in the long term and, for that reason, no sectorizes. However, the judge considered that "undoubtedly we are dealing with urban land bounded, so this is also cause for annulment of the Order."
The Supreme Court rejected some of the contested issues and advises others to be taken into account but note that they are nullified. In regard to the main demand of the City of Cardeñajimeno, ruling that the Board can not "for lack of adequate expert, to ascertain whether the area granted to the City can realize the full advantage they are entitled."
against the ruling it is possible to bring an appeal over the next 10 days. If the Board did not decide the case, and considering the existence of a sentence whose execution can be requested at any time, the Regional Executive must re-arrange the Partial Plan and assume all the conditions outlined by the Supreme Court and summarized here. And that will take a long time. A lot.
What the judge says about ... accesses "Attends a clear cause for annulment of the contested decision, it does not provide access to general communication systems comply with building regulations."
positive Understanding the mandatory report of Highways for the delay in issuing
"You can not protect, or an individual or an administration, inaction or neglect in the management of roads adopt solutions that violate the law. "
The omission of unfavorable report submitted after the deadline Aviation
"It allows the continuation of the case, but this does not mean that one can violate the provisions of the sectoral legislation (...) to be collected in the partial plan."
Photo: Rodrigo Alberto