The Official Gazette of the Generalitat Valenciana publishes the suspension of the planning of Xàbia

Tuesday 16th March 2021 | CARLOS LÓPEZ (translated by MIKE SMITH)

The Official Gazette of the Generalitat Valencianana (DOGV) has published a decree of the regional government in which the partial suspension of the town planning in force in Xàbia is agreed, approved a few weeks ago, and which Xàbia Council requested in full in November 2019.

In that plenary session, the local government approved requesting a new suspension of licenses in various urban sectors whose qualification changed between the plan in force at the present time, that of 1990, and the one proposed and finally approved initially in April 2019.

In response to this request, the Generalitat Valenciana confirms that the Council “has adequately justified the unavoidable necessity of proposing the suspension [of planning] both with regard to the preservation of the new PGE regulation and the relevance for the public interest of the adoption of the measure, as well as with respect to the indemnity of the same from the point of view of economic sustainability, and with respect to the non-alteration of free competition in the real estate offer within the municipality of Jávea”.

Planning is suspended “partially” and exclusively affects “the areas and zones that are graphed and defined in Annex 1″. They are markeded on a map published in the decree (see link below) in which the detail is not specified, nor in the form of a legend.

In general, the following has been suspended:

• Newly created primary structural network and its area of influence foreseen in the PGE in process.
  
• Urban ground. Zone A. ‘Casco’.

Section 10.1. Chapter 1. Zone A: ‘Casco’ (partially).

• Urban ground. Zone E. Extensive residential.

In addition, the suspension of the current Plan supposes the approval of transitory urban regulations whose processing, according to the decree published by the regional government, “must comply with the provisions of LOTUP and the general direction of town planning must promote the procedure until its completion. A procedure that will have a perceptual process for public information”.

These transitory regulations will allow the development of town planning in the municipality as a whole, but with a series of requirements that the decree includes, for example:

“In the plots located on extensive residential land not subject to integrated actions, that do not have a collection system for wastewater because the existing one is at a distance greater than 100 metres, measured in real distance from the official alignment of the plot, will admit, as environmentally acceptable transitional solutions until the installation of the corresponding wastewater collection system that is required in all other cases, any of the following:

• Individual water collection system in duly certified watertight tanks, incorporating its collection into the municipal wastewater management collection service through an authorized management company that has been entrusted the service for the municipality.
  
• Other appropriate systems duly validated by the sectoral administration that imply a similar level of environmental protection.

“3. In the plots located on extensive urban land with previously existing buildings and that are equipped with an individual system for purification and discharge of wastewater from those provided for in the PGOU 1990, they may continue to use it, as well as reform and maintain it until the implementation of a evacuation collector system.“

“4. Until the approval of fiscal and regulatory ordinances, as well as the implementation of the municipal wastewater collection service through watertight tanks contemplated in section 2 of these emergency transitory urban regulations, the management of water collection by the owner of the installation through a management company will be authorized for this service, by accreditation to the city council of the current contract ”.

“The constructions will respect the Mediterranean typologies. Isolated single-family homes will have a minimum surface area of 50% of the projection on the floor made with a sloping Arabic tile roof, and the maximum number of floors visible in orthogonal projection on the ground will be two (ground floor + first floor) “

“… The free spaces of the plot will be treated with gardening and trees at the rate of one tree for every 50 square meters of plot, at least. The surface destined to the construction and sports uses that requires paving may not exceed 50% of the total surface of the plot free of construction “

and thus a whole series of conditions …

AGREEMENT of March 5, 2021, of the Consell, of their partial pension of the General Urban Planning Plan of Jávea. [2021/2667]

(External PDF Link in Spanish and Valencian)

Click below to read the original article in Spanish on Xàbia AL DÍA