DER2017-84387-P. New urban planning law: simplification, sustainability, rehabilitation

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The realities and needs that urban planning law must address today have changed, or at least the perception of them has. This has led to a search for new frameworks or models to meet these new demands, even though no perfect or definitive legal system exists. Moreover, some of the problems that arise are the application of a classic or traditional framework to a reality very different from the one for which it was conceived. It is true that the 2007 Land Law has introduced profound changes to state legislation; however, the force of tradition remains strong, and a transitional phase is evident, requiring further explanation, development, and refinement of the techniques applied, while simultaneously providing solutions to the new situations that arise. Certain ingrained practices or frameworks continue to be used, which do not always align with current needs. It is necessary to delve deeper into the effects that inspire this new urban planning law, where simplification, sustainability, and rehabilitation should be promoted as its core principles. Rehabilitation not only illustrates a revitalized urban planning technique, but also serves as a graphic representation of the need to rehabilitate outdated concepts, techniques, and ideas in urban planning law that no longer fit well with the new scenarios and challenges facing this area of law. Therefore, this project aims to address the following objectives:

1. Basic concepts and ideas: updated version of sustainable development, including not only its environmental aspect but also the economic one (economic-financial sustainability); new distribution of powers between the State and the Autonomous Community; effects of climate change on the traditional legal regime of land ownership, generating new rights and obligations for owners (or developers); study of the principle of compensating for conservation; urban planning by plan or by project.
2. Planning: new planning instruments; reworking of principles of relationship between plans; resizing and appropriate procedural adjustment of environmental assessment; simplification and decentralization in planning.
3. Management: development of actions on urban environment (rehabilitation, provision actions; management techniques in consolidated urban land).
4. Intervention: resizing of licenses; strengthening of prior communications and responsible declarations; exempt actions.
5. Sectoral planning: special attention to unique features in tourist, industrial, cultural or coastal use.
6. Control of legality: resizing of nullity in the urban planning field and reduction of criminal law with recovery of the administrative sphere itself.

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The urban law has other reality and needs. It is necessary to search for new schemes or models. Now the problems are different than years ago. Land Law 2007 chances deeply the state legislation but its not enough. The planning and urban techniques must solve new situations and problems but the traditional model doesn't work. In the new urban Law are essential simplification, sustainability and rehabilitation as ideas force of this new system. The rehabilitation is not only as technique but also idea serves to chance concepts or methods. This project has the falling objectives:

1. Concepts and basic ideas: new version about sustainable development, including not only its environmental aspect but also the economic aspect; new division of powers State-Regions; effects of climate change on the traditional legal regime of land ownership; study of the principle compensation for conservation; models of planning-project planning.
2. Planning: new planning instruments; Re-elaboration of principles of relationship between plans; environmental assessment; simplification and decentralization in planning.
3. Management: development of actions on urban environment.
4. Control: licenses and other communications.
5. Sectoral planning: tourist, industrial, cultural and coastal.
6. Control of legality: nullity in the urban Law and reduction of the criminal view in this matter

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Researcher at the University of La Laguna

• Andrés Manuel González Sanfiel