/ Town Hall
Thursday 20th December 2018
The Administrative Litigation Division of the Supreme Court of Justice of the Balearic Islands has ruled in favour of the Town Hall with regards to the dismissal of the specific modification of Son Font.
Calvià Town Hall has received the sentence of the Administrative Litigation Division of the Supreme Court of Justice of the Balearic Islands declaring the Agreement of Calvià Town Hall Plenary Session held on 24th September 2015, referred to Son Font, adjusted to law.
The Plenary session held on 24th September 2015 approved, by absolute majority, without any vote against, to desist from the processing of the specific modifications of the General Urban Plan of Calvià, promoted in the previous legislature, which still had not passed the initial approval processing and that proposed significant changes on the existing planning. The dismissal proposal that was approved in the Plenary was linked to the beginning of the works of the General Plan Revision that is being processed.
One of these specific modifications, the MP 03/2013, promoted by the entity for the preservation of the rural area of Son Font, proposed classifying this rural area as urban, something that from the Town Hall was not considered legally possible at this time since the articles of the Law 7/2012, of urgent measures for the sustainable urban planning that made it possible, are repealed.
The entity for the preservation of the rural area of Son Font, filed an appeal at the Administrative Litigation Division of the Supreme Court of Justice of the Balearic Islands number 3 of Palma, which, in March 2018, partially upheld the appeal, admitting the first allegation presented, regarding the lack of motivation of the Plenary agreement, of dismissal of the punctual modification of the urban planning in what affected to the area of Son Font, without discussing the issue in depth.
The Town Hall appealed this ruling at the Administrative Litigation Division of the Supreme Court of Justice of the Balearic Islands, which has sentenced by declaring the Agreement of Calvià Town Hall's Plenary Session of 24th September 2015, adjusted to law, revoking the judgment of the Contentious Administrative Court number 3 of Palma. The Court states that "These arguments may or may not be shared but the discrepancy in relation to this decision can not be identified as a lack of motivation according to which an act may be annulled [...]. Here the administrative discourse is known, exposed, explained, and expressly refers also to an extensive technical report with numerous data [...] ».
Calvià Town Hall expresses its satisfaction with this judgment of the TSJB that endorses the legal security with which the dismissal of the specific modifications of the General Plan promoted by individuals was addressed, and the justification of the need to review the PGOU of the whole municipal area.
