Nullity of the Agreement of the Territorial Commission of Urbanism of Barcelona that unfavorably reported the request for provisional authorization of an outdoor parking activity.
In its judgment 617-2019, of June 28, the Superior Court of Justice of Catalonia annuls an agreement of the Territorial Commission of Urbanism of Barcelona that unfavorably reported the request for provisional authorization of an outdoor parking activity.
In the present case, the interested party requesting the authorization was, in turn, the owner of the plot where he intended to carry out the provisional activity. The land in question had been included in an urban development polygon to be executed by a Proyecto de Reparcelación in the basic compensation modality, that is, by private initiative. For this reason, the Commission considered that if the authorization were granted, the owner would not have incentives to carry out the planned planning, because he might want to consolidate the provisional outdoor parking activity in the plot.
The Court considers that it is a perfectly surmountable obstacle, because article 115.3) of Decree Law 1/2005, which approves the text refós de la Llei d’Urbanisme, applicable to the case, says that the Administration can decide what modality to be applied based on, among other criteria, the collaboration obtained from the private initiative. Therefore, in the event of a possible breach of the owner, the Administration could modify the system of action in the cooperation modality, executing the urbanization works by itself, while the owner would have the obligation to pay for them and provide the plot for the compulsory and free delivery or assignment.