BROSETA examines key aspects of the LOTUP in the field of urban development discipline

DSC_0092Under the title “Urban discipline, additional and transitional provisions”, BROSETA held the fifth session of the series of lectures on the 5/2014 law of Land Management, Urban Planning and landscape of the Valencian Community (LOTUP), organized by the Public Law Department in order to deal with key aspects of the new law.

The Conference, given on this occasion by Fernando Renau Faubell, Head of the Regional  Planning Service of Castellon from the Ministry of Infrastructures, Territory and Environment, talked about urban discipline as an essential medium for urban planning and to  meet  public interests.

The different powers in the field of urban development discipline such as the right to restore  the legality of a sanction, in which the imposition of the sanction does not exempt one from the obligation to restore the infringed order, and developments which, with respect, have been introduced by the LOTUP were thus addressed.DSC_0106

In addition, there was an examination of the possible creation of a Regional Protection Agency, a body that could exert and coordinate certification of urban development discipline in the Generalitat Valenciana and the municipalities that it controls, as has been done in the autonomous communites of the Canary Islands and Galicia.

Likewise, the speaker also analysed the transitional provisions of the LOTUP and the time from which it has to be understood as applicable to urban planning pending its entry into force.

En definitiva, la sesión se ha convertido en un foro de debate sobre las novedades que, en materia de disciplina urbanística ha introducido LOTUP, en el que los asistentes, técnicos de diversos ayuntamientos y empresas, han reflexionado además sobre el momento en el que la LOTUP debe aplicarse a los planes urbanísticos en tramitación o, así como sobre las dificultades que acarrea el entramado legislativo urbanístico o la evaluación ambiental de los planes.

In short, the session has become a forum for debate on the changes that, in terms of urban development discipline have been introduced by LOTUP, in which attendees, technicians from different municipalities and companies, also reflected on the moment at which the LOTUP should be applied to urban development plans in the pipeline, as well as on the difficulties brought by the legislative framework on urban or environmental assessment of plans.