El planeamiento urbanístico y sus objetivos

Arquitectura # Spanish Urban Right. Administrative regulation. Execution. Cooperation, expropriation and compensation. Laws. Planning

  • Enviado por: Gusnabo
  • Idioma: inglés
  • País: España España
  • 23 páginas
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0. Objective

Establishment of rules on the property that guarantee the arrangement of uses and the forecasts of future. Those rules regulate diverse aspects of the property:

- Regulation of uses and their intensities, on the territory

- Preservation of the interest elements: environmental, historic, architectonic, etc.

- The possible forecasts of urban growth on the territory.

The importance of the planning like instrument of urban politic.

It is but the important legal instrument that it offers the instruments to us of intervention in the use of the ground and the property and the Law of Urban Renting.

For us it is fundamental to know it since we must ourselves move between the rules that are generated from them.

  • Brief review of the conformation of the Spanish Urban Right

  • First part: the beginnings of urban transformation 1812-1956

    The medieval city was surrounded by reasons defensive and later fiscal.

    The industrial revolution carries a tendency to agglomeration of the population and a the rupture of that limits medieval: the extension takes place as it forms regulated of growth.

    • Law of 1864 extension: of liberal cut that favours to maxim the construction in area out of the walls of the city in charge of individuals.

    Mechanism: the corporations expropriate the necessary ground for the avenues and public uses and urbanize them; in return the State yields by 25 years the territorial contribution to them of the ambit of the extension with possibility of an extraordinary surcharge. With this law they were developed to the Castro Plan of Madrid and Cerda Plan in Barcelona in 1860. This law undergoes modifications without importance with the Law of Extension in the Populations in 1876 and 1892.

    • Law of unavoidable Expropriation of 1879: with new complementary perspective: the inner reform of the populations. That it proposes a new technique of distribution of the capital gains in the new openings: the possibility of expropriation not only the roadway but a band of 20 meters in the lateral ones of new vials. In the Law on Healthfully and the Inner Reformation of the great Populations this technique intensifies with limits of up to 50 meters. Of form it compares a series of smaller normative instruments formed the municipal ordinances of construction that systematised in the Regulation of Works and Services and Municipal Goods of 1924. Where techniques take shelter of regulation and control (zoning, urban standards, exigencies of municipal license, fiscal regulation, or the obligation to formulate Plans of Extension.

    Second part: period 1956-1998

    Ls 56

    + dl 75 = Trls 76 + '78 Rgl Planning, Rgl Management, Rgl Discipline

    +dl 90 = Trls 92--------------dl 96 Urgent Measures ----------STC 97

    The Ground Law of 1956

    • Social-politic situation

    Situation key moment in the Francoism, substitution of the falangistical tendencies (but interventionist and autarchies) by the beginning of the development policy with the ascent of the group of technocracies, opening of the regime, agreement of cooperation with the U.S.A., etc. and beginning of the development plans.

    • Exhibition of reasons

    Define the existing problems:

    - Speculation of the ground with its retention by the proprietors (use expectations)

    - Impossibility to have ground to free spaces and dowries

    - Lack of equitable distribution of the increase of the value of the ground

    Analysis of the previous legal situation:

    - The effective dispositions do not form an organic assembly

    - They are not enough to control the growth

    - They have a local perspective

    - Do not establish priorities (lack of forecasts)

    Propose solutions:

    - Establish of a Juridical Statute of Ground with object of regulating the ground leans in the investment publishes according to its situation and destiny.

    - The limitations on the property do not give rise to indemnification:

    Rustic ground

    Ground of urban reserve

    Urban ground

    - Establish of a municipal patrimony of the ground of obligatory form.

    - Necessity of the writing of Partial Plans of Arrangement before reparcelar with object to guarantee to the distribution of loads and benefits.

    - Valuation of the ground: initial, expectant, urban and commercial value.

    - Establishment of Programs of Performance (5 years).

    El planning is the necessary and fundamental base of all the Urban Arrangement. Cascade of planning. Administrative regulation. Publicity, execution and obligation of the planning.

    The private property: the balance between its recognition and the interests of the collectivity.

    Establishment of management mechanisms.

    Systems of execution:

    - Cooperation, expropriation, compensation and cession of avenues.

    As well as the necessity to establish programs of performance for periods of 5 years.

    Establishment of measures to foment the construction:

    - Mechanisms of valuation and expropriation of lots not built

    - Municipal Ground Patrimony (cessions and right of surface)

    - Regulation of the administrative control (work license, etc.)

    Prevision of economic resources to take part in the market of the ground:

    - Obligation for all the city councils of but of 50000 inhabitants destining an annual budget of 5% for execution of the urbanization.

    Institution of one organisation:

    - National Advice of Urbanism

    - Central Commission of Urbanism

    - Provincial Commissions of urbanism

    - Establishment of the general competition of the city councils

    - Possibility of creation of man-communities of city councils

    - Synthesis

    Birth certificate of Spanish urbanism.

    Integral law: it tries to regulate all the urban matter.

    Urbanism is confirmed like politic function.

    The establishment of the ground regime: the configuration of a new juridical statute of the property where one goes of the concept of the Roman right to that the right to build is an express attribution of the Urban Plan that single is acquired by means of the fulfillment of two points: contributing to the expenses of urbanisation and building in term and forms.

    The planning as it bases of all urban arrangement.

    Planning is cracked with diverse typology.

    It establishes a new statute of the right of the property (the arrangement of use of lands and constructions gave straight not to demand indemnification). The regime of the ground and the planning like basic pillars.

    The planning development with slowness.

    The Ground Law of 1976

    • Social-politic situation

    Change of government, to the death of Franco, Spain changes the hard regime by the democracy, and this note in the urban liberation of the Spanish territory and the generation of the development of urban nucleus to be avoided congestion of the great cities and to develop urban helmets that reticule the Spanish territory.

    Period of great economic growth. Great importance of the migratory currents in the populations of but of 20.000 inhabitants. One goes to be 45.6% of the population in 1960 to 55.3% in 1970 with an increase of but of 4.8 million. The technocratic sector leaned of important form in the sector deprived like growth motor.

    • Exhibition of reasons

    Necessity of bigger exigencies of common equipment and quality. Necessity to prepare ground for the new masses of population that are prevent arrives at the cities (22 million in period 1970-2000): perspective of urbanization process.

    Analysis of the urban situation:

    - Congestive densification of the central helmets

    - Disorder of the periphery

    - Urban indiscipline

    - Prices increasing and unjustified of ground apt for the growth

    Causes:

    - The insufficient development of the necessary instrumentation for the control

    - To bring up to date the legal instruments

    - Incoherence between the economic planning and the physic planning

    - The rigidity of the urban planning: the urban plan as closed document

    - Urban indiscipline

    - Contradiction of the administrative structures

    - Abusive use of the norms on promotion of the construction

    - The developed urban politic:

    Urbanized ground shortage

    Qualification of little ground apt to urbanize for the necessary competition

    Accumulated deficit of primary infrastructures

    The rigidity and perfectionist eagerness and idealism have produced a great indiscipline allowed sometimes by necessity. The Law affects the problems that can be solved with legal measures.

    In order to solve the dichotomy between socio-economic planning and physic planning it creates the Plans Territorial Directors of Co-ordination who would point the great directives and would have a binding character.

    It conceives the General Plans like open documents.

    Arrangement strategies are suggested in the long term. The proposals of urban structure constitute the plot of physic reference.

    Incorporation of forms of urbanism arranged by the private initiative.

    A repercussion in the supply of urbanizeable ground is tried, bases to restrain the speculation.

    Precision in the regulation of the Partial Plans to make them but operative. The minimal dowries are pointed for public parks and gardens and common equipment.

    The Partial Special Plans are regulated and the Projects of Urbanization and the Arrangement of Detail are defined with precision.

    The modifications lean in the following principles:

    - The right to build conditions to the fulfillment of the obligations and positions within a term

    - The regulation of the use of the ground of Partial Plans this conditional to terms of lapsing

    - Distributive principle of loads and benefits between all the ground of new urbanization.

    The classification of the ground continues being key. Juridical regime.

    The Urban Ground definition is defined with greater clarity by its own characteristics.

    Urbanizeable Ground: it is the apt one to be urbanized.

    Ground not urbanizeable: it is excluded from that use.

    Valuations: the value of the ground must be in function of the degree of fulfillment of the obligations and loads of the Plan. It eliminates the expectant value.

    It establishes the gratuitous ground cessions like counterpart of the benefits of the urbanization process. The obligation extends to yield ground for infrastructures gratuitously and the urban equipment and besides impose the gratuitous cession of 10% of the ground corresponding to the average advantage of the programmed ground.

    It is tried to facilitate the urban management and to hide part of the capital gains.

    Execution of the plans is considered fundamental for which instruments are regulated. The General Systems are executed normally by the administration, the ground is obtained by cession.

    The overhauls of the Plan are developed by means of Partial Plans and Units of Performance.

    It reframes the systems of performance leaving three:

    - Expropriation

    - Distribution of loads and benefits

    - Cooperation and compensation

    distinguishing the distribution of the ground and the buildable volume of execution works.

    It regulates the not programmed urbanizeable ground performances by means of the exposition of flexible mechanisms with minimum conditioners where the initiatives of the citizens are received.

    It proposes modifications of legislation of unavoidable construction and the possibility of suspending the regime of unavoidable construction in the cases in that densifique.

    The surface right sets out as dissosciation of the property with the use of the ground; stimulus for the mobilization of the ground by the deprived proprietors, industrial promotion, houses in rent and defense of the municipal patrimony of the ground.

    A greater participation of the administrations proposes. The Central Commission of Urbanism like device of work and advising.

    Fight by the effective application of the Law; to avoid that the infraction takes place. A control of the construction through licenses settles down that will be due to grant with respect to the effective planning.

    The local administration continues being the key piece in the accomplishment of the planning forecasts and in its control.

    - Summary

    Urgent necessity to solve the urban problems to begin one time which in only thirty years it will be necessary to urbanize more than in all history.

    All this even generates many effective today in day and approved regulations in 1978:

    - Regulation of Planning (annex 1)

    - Regulation of Urban Management (annex 2)

    - Regulation of Urban Discipline (annex 3)

    The Ground Law of 1992

    • Social-politic situation

    After the approval in summer of 1978 of the Regulations we have an extensive one and defined juridical frame.

    After this approval of the legislative extension takes effect effective the Spanish Constitution, with a new structure of government assumed by the Autonomic (Regional) Communities (annex 4) competitions on Arrangement of the Territory and Environment.

    The political, economic and social changes showed new expectations for the country and for the urban growth. The period extends mainly until 1990 with diverse fluctuations of economy that affect the real estate market, with intense ascents of price at the beginning of the ' 80 and in downtown. This takes to new urban plans that trim the high expectations of growth surroundings to 1984.

    After years of strong economical crisis years of dynamic begin.

    The promotion has been centered in the operations in the urban helmet with substitutions and rehabilitations like safe investment.

    • Exhibition of reasons

    With this context we arrived at the signature from a Decree Law in 1990. In this context it is depended much on the proprietors; they are they who undergo many loads and duties but its intervention depends on its initiative to remove ahead the approved Partial Plan, which limits the ground existence in the market.

    Another problem of ideological kind, is the cession of 10% of the urbanizeable ground to the administration, whereas in urban ground nothing is yielded and its price has raised much in this time.

    For that reason the Decree Law of 1990 proposes firm changes, establishing a gradual process of acquisition of rights and duties of the proprietors in function to the interventions that is making: to gain certain rights entails to exert duties.

    With the new rebuilt it was made the Ground Law of 1992 in which the final cession, throughout the process of acquisition of rights is of a 15% for the administration in the urbanizeable ground and also in the urban ground, which implies complex managements of the same one; within a lot totally consolidated within urban laws.

    The urban ground must be divisible in distribution area. These areas of distribution include diverse lots, of which the total of the existing private ground calculates to divide it by the total of the ground to obtain the advantage type of the distribution area. The advantage type is the edificability index to which all the proprietors of the area must right to build. The advantage type offers certain tricks since between proprietors they are possible to be sold his advantage to be able this way to fix the numbers within the average.

    It creates a series of instruments for the effective intervention of the ground, establishing the increases of cession of the ground and the joint of new mechanisms like:

    - Rough estimate: in an established zone all transaction of parcels communicates the city council, being able this to equal the supply to take control of the same one by the interest of the parcel for a Plan.

    - Rectification: the city council can accede to the agreed characteristics and enter a treatment, already agreed, and supply to take control of the ground, paying the stipulated thing legally within terms.

    This way the local administrations can take control of ground without harming anyone of the proprietor straight. The municipal ground patrimony sees thus articulated and with average being increased.

    These systems were with joint problems since it gave 2 years to the cities to update his plans, that many cities did not manage to reach failing to fulfill therefore the law that established the distribution areas, that was a random and very theoretical concept.

    The Ground Law of 1998 (in use) (annex 5)

    • Social-politic situation

    In 1996 they are celebrated general elections and there is a change of government. It is wanted, from the new government, to reframe the urban subjects from 2 information:

    Report of the Court of the Free Competition the report has a economical character and a free slant and affects the market of the ground without considering some of its distinctive characteristic and avoiding determined realities and peculiarities, al well as implications that are derived from their consequences. Its diagnosis is that the monopoly of the ground that generates in fact the planning (the administration) causes a strong speculation, which as well, affects the price of the house. As solution raises the necessity to liberalize the market of the ground eliminating all the imposed artificial restrictions.

    Study of the Commission of Experts on Urbanism Is a made open debate from the own Ministry in which representing outstanding of very diverse interests participate. In two blocks with variations are defined:

    -Interventionist: from the administration and outside the administration

    -Liberalizationist: from the administration and outside.

    First measures of the new government: Law of Urgent Measures on the Liberalization of Ground.

    Incorporation of the not programmed urbanizeable ground with the suppression of that subclass. Reduction of terms in the transaction of the planning.

    Elevation until 100% of the susceptible advantage of appropriation by the proprietors in the urban ground and of 90% in the urbanizeable ground.

    Sentence of the Constitutional Court.

    The Constitutional Court dictated sentence in March of 1997 on the constitutionality of the Ground Law of 1990 and its mixed text of 1992. The sentence was negative as far as the non-capacity of the State to legislate not even on urbanism of subsidiary form. One did not enter her to study the nature of that Law but the exclusively regional and non-state competition. This sentence suppresses the use of most of the Ground Law of 1992 (exception done of the basic principles of the regime of the ground, rights and duties of the proprietors, and aspects of the urban valuation).

    • Exhibition of reasons

    The State only has competitions in question of:

    - Ground regime

    - Urban ground

    - Ground non urbanizeable (protected by some special reason)

    - Urbanizeable ground

    - Valuations

    The rest of competitions is left in charge of Autonomies (Sentence of the Constitutional Court of 1997) the regime is structured of a federal form, having each Autonomy (Region) a different Law from the others.

    The problem exists of which Autonomic (Regional) Communities where nothing has been legislated. However there is others with important legislation like Catalan Community, Valencian Community (novel, that is used in many cases like management model) and Community of Madrid.

    In addition there is another problem added of:

    - Administrative hierarchy

    - Political Circumstance, cases in that occur the party that governs one Autonomy (Region) is not the same one that the one of the central government.

    We are going to briefly expose the main points of legislation in Castilla y Leon, community to which I belong:

    Law of Arrangement of the Territory of Castilla y Leon: (annex 6)

    • Objective

    To reduce the existing normative complexity.

    To adapt the urban norm to the own characteristics and necessities of Castilla y Leon: administrative fragmentation and demographic weakness.

    It raises the necessity of the social principles, the protection of the environment, the social cohesion and the architectonic protection with a clear and transparent administration.

    The imposition of individual decisions is eluded, being able each urban cell (city council) to take those instruments urban that allow him to reach the image looked for without too many complex urban developments. It is for that reason that the Law of Arrangement of the Territory must offer multitude of tools for the development.

    This Law promotes a new classification of the ground:

    - Urban Ground

    - Consolidated

    - Non consolidated

    - Urbanizeable Ground

    - Delimited

    - Non delimited

    - Of urban surroundings

    - Rustic Ground

    - Of urban surroundings

    - Common

    - Of protection

    We see as well as this classification, more specific than the state's previous one, goes to a territory more concrete and characteristic, is less generalizeable.

    The new criteria like social cohesion or transparency are important in the Law of Arrangement of the Territory, and revolutionaries with respect to the old state law, allowing therefore the organization of municipal freer than allowed by the state, obtaining simpler urban processes with own identity, more sensible with the reality of the municipality.

    New criteria that set out:

    • To solve the existing problems in the municipalities.

    • Preview the growth; to propose the ground with possibility of more of the double in case someday is a special situation of growth.

    • Improvement the quality of life controlling the density.

  • LEGISLATIVE SPANISH FRAME

  • Our system of legislation is a hierarchized system defined by:

    - Abstract level:

    - Ground Law of 1998.

    - Regional urban legislations.

    - Regulations:

    - Regulation of Planning of 1978 (court favorite if there is no Regional Law) (annex 1)

    - Regulation of Urban Management of 1978. (annex 2)

    - Regulation of Urban Discipline of 1978. (annex 3)

    - Concrete level:

    - Planning.

    Our system of planning is also structure in hierarchic blocks, derivatives of the Ground Law of 1956. It depends on the superior legislations. It must adapt to them, respecting the legal frame in which one moves. We spoke of 2 phases:

    - Definition of the masterful lines

    - Concretion on the territory.

    General Planning: it classifies the ground and it applies to a regime of rights and duties to each one, in function of the type of ground that it defines.

    - National Plan of urbanism (as soon as one is used)

    - Law of Territorial Arrangement (figure of planning of regional scale)

    - Municipal Planning (the level more used)

    Planning of development: it is made on concrete types of ground. It works already with classified grounds.

    - Partial Plans.

    - Special Planning.

    - Studies of detail.

    - Projects of urbanization.

    In fact the hierarchized system of the planning remains in Municipal Planning and Planning of Development.

    A. MUNICIPAL PLANNING

    It is a key piece by:

    - Tradition in the city councils from the Ground Law of 1956. Capacity of decision of the municipal policy in the urban planning.

    - The weakness of the superior figures and even its non existence (in some communities legislation of the community does not exist to day of today). This does that, in fact, the Municipal Planning east at the top of hierarchy.

    - It is original, does not need the existence of a superior planning to exist legally.

    - It is necessary, for the existence of any planning of later development (partial plans, special plans, etc.)

    The municipal planning includes:

    - General Plan of Urban Arrangement: it is strong, very general and of first level. For cities of more than 25000 inhabitants.

    - Subsidiary Norms of Municipal Planning: they are of second level. For municipalities of less than 25000 inhabitants.

    - Project of Urban Ground Boundary: for very small municipalities.

    According to the article 3.2 of the Regulation of Planning of 1978, depending on the kind of problems of a municipality and the complexity of situations and the capacity of management of the corporation and programming of, the municipality will choose a type of municipal planning or another one.

    The Laws of Territorial Arrangement of the communities also can indicate the type of plan for a municipality.

    To day of today, each municipality chooses with enough freedom the type of planning that it wants. Although, strips exist: from 25000 inhabitants a General Plan is necessary.

    The Municipal Plan (within the General Plan), must assume a position, an idea of city, since:

    - Describing the ground influences decisively in the value of this and therefore in the economic expectation of the proprietor.

    - It constitutes a photography of the type of city that is desired in the future.

    - It must juxtapose sectorial policies of house, infrastructures, transport, etc., some of which will affect decisively in the development of the plan.

    The Plan, gathers a assembly of interventions that are going away to make within a period of time and priorities of performance to modify a territory.

    The factor time is fundamental, since the periods of development are long, as opposed to the legislature of 4 years, reason why conflicts are generated that can deform a plan.

    From the Ground Law of 1956 a ampler vision of the territory is introduced. The scope of the plans included all the municipal term, not strictly the urban.

    In this sense the classification of the ground is an essential aspect at the time of delimiting the territorial surroundings, because it proposes the territorial structure in all his classes and possible subclasses.

    The classification of the ground proposes, thus, an arrangement of the territory (it defines classes and possible uses). At this level, when conflicts between the different proprietors and the administration by the generation from great economic interests are generated in the territory and its surroundings, that will be influenced by the future physical locations of new uses with the adjacent municipalities, as they can be different criteria from protection of environmental spaces.

    These daily conflicts, in the low levels of organization, cause that it is perceived like insufficient the municipal scale. The existence is needed figures of planning superior to the Municipal Plans.

    A.1. General Plan of Urban Arrangement

    • Objective:

    It is an instrument of integral urban planning arrangement of the territory.

    It includes a municipality or several, but of complete form.

    It regulates and it defines each one of his types of ground.

    • Scope: All the municipal tem, or the assembly of several.

    • Content:

    It defines the adopted general structure for the urban arrangement of the territory.

    It defines the general systems, which can not be included in those ground classes.

    It classifies the ground in:

    - Urban ground

    - Urbanizeable ground programmed

    - Urbanizeable ground not programmed

    each one of these ground classes does not form a watertight compartment.

    It describes the ground, establishing the detailed destiny:

    - Some grounds will be lucrative, economic yield will be able to be obtained, and will be fixed to them the use, the intensity and type of built.

    - Other grounds will be non lucrative, do not produce lucrative yield to the proprietors, for example the roadway, green zones or the ground for the public dowries.

    The differences due to the urban qualification are distributed in the same way by means of the instruments of urban management: project of compensation, project of re-parcelization and transference of advantage.

    It establishes a program for his development and its execution.

    It establishes a minimum term for its use.

    It will be adjusted to the Territorial Director Plan (Law of Territorial Arrangement).

    • Determinations:

    As general character

    It classifies and describes the ground.

    It delimits area of distribution of loads.

    It defines the general structure of the territory.

    It establishes the measures of protection of the environment.

    As specific character

    For urban ground: (detailed arrangement)

    It makes an arrangement of detailed form, with rank of detail planning.

    It assigns uses, typologies and builds intensity.

    It delimits free spaces and green zones, public or private.

    It points the location of dowries and services.

    It details to the road network and the networks of services.

    For programmed urbanizeable ground: (global arrangement)

    It fixes global uses and intensities.

    It develops to the general systems and infrastructures.

    It divides the ground in sectors for each of both four-year periods; each sector will be a partial plan.

    For not programmed urbanizeable ground: (it needed his global arrangement through a performance program)

    It points the incompatible uses.

    It fixes the technical characteristics and minimum magnitudes for a performance program.

    For non urbanizeable ground:

    Measures of protection.

    Distinction of the different types and levels of protection.

    • Documents:

    Memory (it has normative value, and it contains the motivation of the General Plan and delimits the discretion of the planning avoiding the abuse)

    Of justificatory information

    Of the arrangement.

    Planes

    Of information (previous situation to the General Plan).

    Of arrangement (corresponding to the arrangement that it establishes the General Plan with different degree from detail according to is urban ground (detailed arrangement) and urbanizeable ground (global arrangement).

    Urban norms, written and graphical, with different degree from detail: in urban ground Decrees and urbanizeable ground Norms.

    Program of performance. The General Plan must have a programming for two four-year periods. The average ground programming like avoiding speculation.

    Economic and financial study. The plan considers the public and private investments bound to the development and the actions anticipated in the plan. Incapacity of the fixation of a program of investments even for the investments of the administration.

    Catalogue. Only in the cases in which it is adapted or necessary. It consists of cards with the elements to protect (buildings, patrimony...). Each card it contains and it analyzes a building with intentions of conservation when forming part of the patrimony.

    • Transaction:

    The writing of the Plan orders the city council to it to its urban organism or to professionals.

    With optional character, an advance to public exhibition can be presented, with the intentions of the Plan, and suggestions will be able to be displayed.

    With the suggestions the document is processed and the document of initial approval of the city council is written up.

    It is put under an exhibition obligatorily publishes of at least 1 month, in which, all people that wants, can present its allegations. It is published in The Provincial Government Reporter and in the period of maximum distance.

    With this initial approval, the licenses are suspended, or licenses can be requested that are adapted both to but the most restrictive of plans.

    The allegations are responded, and with which they are integrated in the Plan, the document of provisional approval, that is processed the city council will do.

    The entire file (document of provisional approval + allegations + information to other administrations), needs the definitive approval the provincial commission of urbanism or the regional commission of urbanism, in the case of more than 50.000 inhabitants.

    The validity is obtained when it is published in the government reporter that corresponds.

    The period of transaction can be very long since necessary, the allegations can make change excellent questions, that make a new initial approval and a new exhibition publishes, etc.

    A.2. Municipal subsidiary norms

    • Objective:

    Definition of urban structure. Protection of the territory.

    It includes a municipality of complete form.

    It regulates and it defines each one of his types of ground.

    They are denominated type a) and type b) according to has or not defined apt ground to urbanize (equivalent to urbanizeable ground).

    • Scope: All the municipal term.

    • Content:

    It defines the adopted general structure for the urban arrangement of the territory.

    It defines the general systems (great equipment).

    It classifies the ground in:

    - Urban ground (according to criteria)

    Allocation of detailed uses

    Layout and characteristic of the road network

    - Apt ground to urbanize

    - Ground non urbanizeable

    It describes the ground, establishing the detailed destiny:

    - Some grounds will be lucrative, economic yield will be able to be obtained, and will be fixed to them the use, the intensity and type of built.

    - Other grounds will be non lucrative, do not produce lucrative yield to the proprietors, for example the roadway, green zones or the ground for the public dowries.

    The differences due to the urban qualification are distributed in the same way by means of the instruments of urban management: project of compensation and project of re-parcelization.

    • Determinations:

    As general character

    It classifies and describes the ground.

    It delimits area of distribution of loads.

    It defines the general structure of the territory.

    It establishes the measures of protection of the environment.

    It indicates the causes for its overhaul.

    As specific character

    For urban ground: (detailed arrangement)

    It makes an arrangement of detailed form, with rank of detail planning.

    It assigns uses, typologies and builds intensity.

    It delimits free spaces and green zones, public or private.

    It points the location of dowries and services.

    It details to the road network and the networks of services.

    For apt ground to urbanize (global arrangement)

    Fixed global uses and intensities.

    It divides the ground in sectors, each sector will be a partial plan.

    It points the incompatible uses.

    It details the layout of the road fundamental networks and services.

    It defines the average advantage of the different sectors.

    For non urbanizeable ground:

    Measures of protection.

    Distinction of the different types and levels of protection.

    • Documents:

    Memory (it has normative value, and it contains the motivation of the General Plan and delimits the discretion of the planning avoiding the abuse)

    Of justificatory information

    Of the arrangement.

    Planes

    Of information (previous situation to the General Plan).

    Of arrangement (corresponding to the arrangement that it establishes the General Plan with different degree from detail according to is urban ground (detailed arrangement) and urbanizeable ground (global arrangement).

    Urban norms, written and graphical, with different degree from detail: in urban ground Decrees and urbanizeable ground Norms.

    • Approval:

    Resemblance to the one of the General Plan of Urban Arrangement.

    • Differences and similarities with the General Plan:

    Obligation of General Plan in municipalities capital of province and/or bigger than 50.000 inhabitants. Destiny of different size from the populations.

    Program of performance.

    Techniques of advantage type, area of distribution and transferences of advantage in urban ground. The urbanizeable ground is denominated apt to urbanize.

    B. DEVELOPMENT PLANNING

    System as cascade of planning.

    It is regulated in the determinations of superior planning.

    The instruments of the development planning are:

    B.1 Partial Plan

    • Object:

    To develop the ground classified like urbanizeable programmed in the general plan or the apt one to urbanize in the subsidiary norms.

    This development must have a detailed character.

    The partial plan cannot be developed without the general plan or the subsidiary norms exists with definitive approval, and, in any case, will be able to modify the determinations that impose to them.

    • Determinations:

    Allocation of detailed uses and building typologies, boundary of the areas of each one of them.

    To indicate the reserves for free spaces in proportion adapted to the collective necessities (minimum 18 m2/house or by each 100 m2 of residential construction; never smaller to 10% of the ordered total surface).

    To indicate the reserves for the cultural equipment (educational minimum of 10 m2/vivienda or by each 100 m2 of residential construction).

    Layout and characteristic of the inner communication network.

    Layout and characteristic of the networks of cleaning and supplying, as well as other services. Economic evaluation of the execution of urbanization works.

    The density never could be greater of 75 houses/Ha

    It responds to the model of the city by parts.

    The concept of neighbour unit with independent dowries and to one minimum range.

    It is the urban plan of modern movement.

    It responds to the exposition of zoning since one considers like an eminently residential space.

    It is a plan of stages.

    • Standard of equipment:

    It is an attempt to quantify by means of parameters of surfaces destined to dowries and free spaces the quality of life for the life of the inhabitants of an area of new construction.

    • Documents:

    Justificatory memory of the arrangement:

    To present alternatives, justifying them, weighing them and to value that it is better. Annexed with the qualifying panels: surface, use, edificability, advantage...

    Planes:

    Planes of information:

    Planes of the General Plan. Graphical determinations.

    State of lands, with topography and contours.

    Cadastral plane, with the limits of the property.

    Catalogue with existing specifications, uses.

    Planes of project:

    Free spaces, green zones and clear specifications with ground reserve.

    Cross-sectional, longitudinal, grazing sections of arrangement...

    Scheme of all the road networks and supplying (water, electricity, etc.). This is fundamental at the time of making the urbanization, the costs depend directly on this point.

    • Formulation: by the proprietors or promoters and the city councils.

    • Approval:

    Plan of stages.

    Study economic-financier, on whom to justify with clarity; to say who it has to make works.

    The private proposals must be but careful, by the different contributions and their future distributions from benefits. Or, in the case of possible distance of the urban nucleus, to indicate the part on which the expenses of maintenance will fall for example, cleaning, police, etc. everything must be detailed well in the partial plan, so that, given the case, the city council is committed to fulfill.

    B.2. Special planning: (annex 7 for Castilla y Leon)

    - The special plans. Autonomy and hierarchic dependency respect to the determinations.

    They cannot replace the General Plans or the Subsidiary Norms like instruments of integral arrangement of the territory: they cannot classify ground.

    They are possible to be raised in different urban situations and their aims are very diverse:

    - With no need of existence of General Plan or developing Subsidiary Norm of the forecasts of the Territorial Plans (Special Basic Infrastructure Plan).

    - Developing of the forecasts contained in the General Plans or Subsidiary Norm, will be able to be formulated Special Plans of Partial Plan with no need.

    - In absence of determinations (Special Plan of protection and coordination of rural means). Nevertheless they can develop the different types from ground:

    In urban ground: Special plan of the Inner Reformation, Special Plan of Protection of Historical Centres.

    In non urbanizeable ground: Special plan of Forest x.

    To even affect general systems: Plan of Protection of Rio x, Special Plan of Cleaning, etc.

    - Types of special and objective plans.

    • Special Plan of Protection of the Landscape: natural areas of landscaping interest, isolated buildings of location or singular beauty, built perimeters that form a assembly of traditional or aesthetic values, etc.

    • Special Plan of Protection of Channels de Communication: to order parking, to have the distance in the constructions, to improve the aesthetic of the channels and adjacent zones, etc.

    • Special Plan of Improvement of Urban or Rural Means: to prohibit uses, to alter vegetal elements, etc.

    • Special Plan of Cleaning: works in the subsoil to improve the conditions of salubrity, etc.

    • Special Plan of Development of the Basic Infrastructures.

    • Special Plan of Protection and/or Arrangement of architectonic, historic and artistic enclosures and assemblies.

    - Special Plans of the Inner Reformation. Objectives and means.

    It is a singular type of special plans. Single they can order partial scopes of the urban ground, reason why it requires existence of a planning that makes the classification of this urban ground.

    These plans only can settle down like development of a General Plan or Subsidiary Norms.

    Their purposes can be:

    - Sectorial and isolated as the clearing of the urban ground, creation of dowries, resolution of problems of circulation, etc. respecting the fundamental structure of the previous arrangement, being able to only modify the secondary determinations.

    - Integral, to rearrange the scope of the in question urban ground according to the Subsidiary determinations of the General Plan or Norms.

    - Special Plans of Pratimonial Protection.

    This figure has been seen strongly endorsed and impelled by the Law of Spanish Historical Protection Patrimony of the 25 of June of 1985, that establishes two novel aspects:

    - The relation of the planning with the goods of cultural interest:

    Art.14.2. Integrated real estate in the Spanish Historical Patrimony can be declared historical monuments, gardens, assemblies and sites as well as archaeological zones, all of them like goods of cultural interest.

    Art.20.1. The declaration of a historical assembly and historical site or archaeological zone, like goods of cultural interest, determined the obligation for the municipality in which was to write up a Special Plan of Protection of the area affected by the declaration either another instrument of planning of anticipated in urban legislation...

    …the obligatory nature of this Plan will not be able to be excused itself in the existences of another contradictory planning with the protection nor in the previous existence of general planning.

    - The necessity and importance of defining and of delimiting the surroundings of the goods of cultural interest:

    Art.17. Will have to consider its natural relations with the territorial area to which as well as the protection of the geographical accidents belongs and places that conform their surroundings.

    Art. 18, Inseparable of its surroundings.

    • Procedure of approval.

    Formulation: by the competent and particular city councils, urban organisms.

    Approval: Initial by the city council, information publishes (a month), pertinent allegations, provisional approval by the city council, definitive approval with report of the affected organisms.

    B.3. Studies of detail.

    It is not of obligatory formulation, unless it demands the planning of superior order.

    It completes or it adapts determinations of the General Plan or the Subsidiary urban ground Norms and if it is necessary of the Partial Plans, indicating alignments, grazing and the disposition of the buildable volume.

    It cannot modify determinations of superior planning.

    • Formulation: initial approval by the city council, information publishes (20 days), allegations, definitive approval by the city council.