The Superior Court of Justice of Cantabria (TSJC) has estimated a resource promoted by Vodafone Spain against the approval by the City of Laredo (PP) and the Government of Cantabria (PP) of the General Urban Plan (PGOU) of the villa pejina and has been lying, for formal issues, the main document of urban planning of the municipality.
The plan, approved in final form in July 2015, envisaged the building of 7,000 housing units and a population growth of more than 20,000 people in the next 12 years. It also included the development of over 500,000 square metres of industrial land.
According to the statement released by the TSJC, the appeal of Vodafone is based on the absence in the PGOU of a mandatory report of the Ministry of Industry, Energy and Telecommunications.
The Government of Cantabria alleged that he had not been a year since the provisional approval and entry into force of the Act that obliges the administration to request such report.
however, the TSJC gives the reason to the company, because when they approved the PGOU of Laredo definitely in the Regional Commission of spatial Planning and Urbanism (CROTU) had spent 14 months from the entry into force of the national Law.
The City of Laredo, co-defendant in the process, alleged the pendency of two reports on telecommunications in the years 2003 and 2006 (the PGOU of Laredo has been a long process of 15 years), but the TSJC considers that they are not binding, because they do not conform to the content of the new Law (2014).
In this way, the TSJC considers that the PGOU of Laredo has infringed article 35 of the General Law of Telecommunications, to violate the "duty" to collect the report sector of telecommunications, that is "prior, mandatory and binding" and that "if not collected can not approve", as it is the case.
Nor is it, according to the sentence, "speaking of approvals, partial", so that "the nullity of full right affect the totality of the articulated" the PGOU and because, like what the planning, the sectoral report absent affects the entire municipal territory, in its scope, the telecommunications.
it Is the second PGOU cancelled of the current legislature, after the high-profile judgment of the Supreme Court (TS) that overthrew the urban planning approved by the city Council of Santander (2012), does not be guaranteed the water resources by another sentence that annulled the bitrasvase of the Ebro, initially in 2011 (the National Audience) and definitely in 2013 (in the TS).
REACTIONS
The mayor, who since June 2015 is Juan Ramon Lopez Visitation (PSOE), son of the former mayor, Juan Ramón López Revuelta, historic leader also a socialist, has summoned the spokesperson of the municipal groups to a meeting on Wednesday morning for an initial analysis of the sentence.
López Revuelta had to resign as number one of the list of the PSOE in the wake of the most recent municipal elections, with the outbreak of accusations on a matter of alleged corruption urbanísitica in the case of the Loma, in Castro Urdiales, and did resign several posts of his candidacy, including his daughter, who was number 2, so that the head his son, which was in the number nine.
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