Tags: urban planning
The Supreme Court establishes that the lack of an economic sustainability report in the processing of any instrument of urban transformation actions, as long as they contemplate the installation of infrastructures that have to be paid or maintained by the public administrations, entails the nullity of such an instrument.
In the cassation appeal resolved by the Supreme Court, the Supplementary General Plan of Teror (Las Palmas de Gran Canaria) was challenged because it had been approved without the report on economic sustainability required by the current article 22.4 of the consolidated text of the Land Law, approved by Royal Legislative Decree 7/2015, of 30 October.
In this sense, the question that was of objective interest for the formation of jurisprudence consisted in determining whether all urban planning instruments must contain the report on economic sustainability referred to in the aforementioned article 22.4 of the revised text of the Land Law, and if so, whether its omission rendered null and void the final approval of the aforementioned instrument.
The Supreme Court concludes that such report on economic sustainability should be drawn up in the processing of all the planning instruments for urban transformation actions, regardless of the degree of generality of these instruments, provided that they contemplate the installation of infrastructures that have to be paid or maintained by the public administrations; the nullity of such instruments should be declared when this report is omitted.