The Supreme Court establishes that althought the gender impact report is not mandatory in order to approve an urban plan, gender equality conforms an inspiring principle of the urban development

This cassation appeal is lodged by the Community of Madrid and the Boadilla del Monte Council against the judgement of the High Court of Justice of the Community of Madrid that declares the nullity of the General Urban Development Plan of the Council, substantiated in the lack of the Gender Impact report. The contested sentence established that, although there is not an autonomic regulation which imposes that requirement, it was applicable the supplementary clause of the state law.

The Supreme Court allows the appeal and declares that the General Urban Development Plan of the Council is in accordance with the law, establishing that it was not compulsory for its approval to dispose of the gender equality report. The Court proceeds to overturn the decision of the High Court of Justice and determines that the supplementary clause cannot be covered by the current case law, since the State cannot set supplementary rules without the corresponding competence.

Finally, the sentence remarks that although the report is not mandatory in this case, this is not an obstacle to the discussion, through the objection of the General Urban Development Plan of the aspects that can lead to a discriminatory legislation. Accordingly, the Court emphasizes that the gender equality conforms an inspiring principle of the new conception of the urban development.