La transformación urbanística del suelo no urbanizable: proyectos territoriales de interés autonómico y reservas de suelo

Abstract

The generation of new urban land, besides the broad discretion that urban planners have in order to classify land, has been complemented by the use of other legal instruments which also legitimize the land transformation. However, in the cases discussed in this article, this transformation is based on an important difference, since the transformation is maintained without first formalizing the reclassification of land through the appropriate administrative procedure, that is in order to modify the urban planning. These instruments to which we refer are, first of all, the projects of regional interest. This kind of projects has been foreseen in all the Spanish regions, even in order to transform land into city, albeit with specific uses such as public protection housing. Secondly, these instruments include other projects similar than the mentioned above, but in this case are approved under specific laws which objective is provide legal coverage for large recreational-tourist-residential, and in most of the cases, with clear political intentions. Finally, the last instruments to be analyzed are «land reserves». Also in these cases, untransformed land can be affected, because these reserves imply a «tacit» reclassification of land in order to be expropriated, and being intended not only to large facilities and infrastructures, but also urbanization and construction of public protection housing.

Keywords

• land reserves
• land supply
• projects of regional interest
• unique case laws
• untransformed land