Nullity of the Urban Plan of Cartagena

The doctrine implicitly prevents giving (total or partial) final approval to a General Plan that incurs in "substantial deficiencies".

Deficiencies can be "substantial", due to being too many, due to the total land surface affected, or because they largely affect to General Systems and structural elements of urban planning and even territorial. In such a case no approval can be granted; not even a partial approval.

Only the requirement of alterations of “minor relevance” allows granting a Final Approval subject to correction of deficiencies.

Final approval in this case was made with many deficiencies.

The deficiencies affected all elements of the town, and almost all the territory. The defects were of substantial consideration, and therefore capable of producing situations of legal uncertainty, and of uncertainty in the development and application of the Plan.

The ulterior delegated confirmation of the corrections could not validate the Urban Plan because of those essential deficiencies. The Urban Plan should not have been approved, not even subject to correction of deficiencies.

The nullity of the approval of the General Plan does produce as a result the invalidity of the confirmation of corrections, since the Plan does not exist anymore. 

(Subject to appeal)

See STSJ MU 421/2015













IMAGEN FLIKR CREARIVE COMMONS  jttps://www.flickr.com/photos/cornelluniversitylibrary/3610650989/in/photolist-6v4wKg-oePNoS-oePNey-ow5ipa