Barcelona City Council initially approved the specific modification of the special plan for the uses of activities linked to home delivery.
On April 16, 2024, the agreement of the Government Commission of April 4 of the same year was published in the Official Gazette of the Province of Barcelona (BOPB), which initially approves the specific modification of the Special Plan for the uses of activities linked to home delivery. The amendment document is in the public display phase for a period of one before its final approval.
This note summarizes the main proposed modifications with respect to the current text of the Special Plan for the Use of Activities Linked to Home Delivery (PEUARD), which was approved on January 27th 2023, a subject of controversy due to the restrictions it contains on the implementation of activities aimed at home delivery (such as industrial or grouped kitchens, parcel agencies or food warehouses), as well as the obligations imposed on a diversity of premises involved in these activities in relation to waiting for deliverers.
Among the reasons for the proposed amendment, the difficulties for the implementation of regulated activities in industrial areas are identified (key 22a), given that the PEUARD establishes minimum distances between establishments applying a criterion similar to that of residential areas, so that the available area is very limited. Specifically, it explains that the current regulation would force the transfer of part of the regulated activities outside the municipal area, while preventing the implementation of new ones. The report of the initially approved amendment considers that these activities are necessary for the economic and social development of the city and its inhabitants and that they should be able to be found in industrial areas, given that in the latter, regulated activities do not have the negative externalities that they could have in residential areas.
In this sense, the specific modification makes the regime of implementation of these activities in industrial areas more flexible (with code 22a), adjusting them in those plots that are facing residential sectors, green areas or facilities. Specifically, the latter (code 22@) are not included in the modification affecting industrial areas with code 22a, given their hybrid nature with a mixture of housing in their fabric.
The amendment is justified on the grounds that the regulation of industrial zones is disproportionate, however unnecessary, in reference of the legal interest that the PEUARD is trying to protect. In fact, the PEUARD identified residential sectors and their living conditions (and not industrial areas) as justification for the regulation.
Specifically, the following precepts are modified:
In article 6, which deals with the requirements and characteristics of the waiting areas that must be enabled for vehicles and the living space for deliverers inside the establishment, in order not to leave a wide margin of interpretation of the article, the following phase has been added at the end of the paragraph: “The activity of parcel agency (M1) cannot be granted simultaneously with the activities regulated in this plan“.
Article 7, section 1.3, a wording that allows the implementation activity of home delivery in zones 22a in food warehouses (M2) and in warehouses of non-dangerous goods (M3) is introduced. Therefore, complementary delivery activity may be carried out in these warehouses if they are located in areas with key 22a of the PGM and subkeys (excluding 22@) while they do not have direct contact, through roads or green areas with areas where residential use of housing or endowment accommodation is allowed and equipment integrated into this sector.
Linked to the previous amendment, it is proposed to add to article 8 a new Condition 4:
“Condition in relation to the fabrics of housing or endowment accommodation and equipment (Condition 4): the implementation of the activity is only allowed when it is not located in plots that face (by direct contact, through road or green zone) with areas qualified with urban keys that allow the residential use of housing or qualified as endowment accommodation and equipment integrated into this sector. These fronts are graphically represented in planes O.02A and O.02B”.
These two plans are added normatively to planning plan O.01.
In article 9, regarding the Regulation of site conditions, 3 modifications are made depending on the activity:
A) ESTABLISHMENTS FOR THE PREPARATION, PROVISION AND/OR SALE OF FOOD
Industrial and/or grouped kitchens
The wording of Condition 1 is modified, indicating that the implementation of the activity is allowed in plots 22a of the PGM and its subkeys (except 22@). Likewise, Condition 2, that restricted the number of establishments is eliminated and Condition 4, aimed at preserving the surrounding residential sectors, is added.
B) STORAGE ACTIVITIES
Subsections M1 Delivery companies with a constructed area equal to or less than 100 m2 and M1 delivery companies with a constructed area greater than 100 m2 and less than 400 m2.
Condition 2, relative to the maximum number of establishments of the same activity within a radius of 100 meters, is modified in order to eliminate this condition in plots with key 22a and their subkeys (except the subkey 22@) and the already explained Condition 4 is added.
Subsection M1 Delivery companies with a contructed area equal to or greater than 400 m2
Condition 2, relative to the maximum number of establishments, is modified to eliminate this condition in plots with key 22a and their subkeys (except subkey 22@), and the already detailed Condition 4 is added.
In article 11, relating to the waiting space for deliverers and other conditions of the establishments, section 1.c) is amended.To establish a limit to the growth of waiting and living spaces for surface premises from 600 m2, the following paragraph is added:
“If the surface area of the establishment is greater than 400 m2, the waiting and stay space must be necessary to be able to carry out all tasks related to home delivery and avoid externalities on public roads (vehicle parking, loading and unloading operations, waiting for deliverers, etc.), with a minimum area of 20m2. This aspect must be adequately justified at the time of applying for the corresponding authorized degree for the development of the activity This space can be part of the infrastructures of the establishment. In plots with code 22a of the PGM and its subkeys (except subkey 22@) that have space not occupied by building, it may be used for parking vehicles and loading and unloading operations computed for the purposes of said justification.
In the same art. 11.1, subsection d is added to define the system applicable in the event that the distribution activity is complementary to other establishments:
“d) In those food warehouses (M2) and warehouses of non-dangerous goods (M3) where the complementary delivery activity is allowed, the waiting and stay space will have the same conditions described in section c) of this article, depending on the surface area of the establishment. This space can be part of all the infrastructures of the establishment”.
It is also proposed to abolish the Fifth Transitional Provision , which set a period of six months for those storage establishments that deliver at home when the Plan was already executable for the purpose of ceasing this complementary activity and, alternatively, requesting the authorisation of the activity in question.
Finally, it is proposed to withdraw the regulatory nature of the Regulation Table as it is considered unnecessary with the proposed modifications.
The Amendment initially approved contains a comparative table of the articles that are modified, as well as the urban plans that are incorporated into the modification.
