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sakib1555 · Taczkowiec Dołączył: 02 Gru 2023 Posty: 1

Be it known to all citizens that the Assembly of Extremadura has approved and I, in the name of the King, in accordance with the provisions of article 40.1 of the Statute of Autonomy, come to promulgate the following law. STATEMENT OF MOTIVES This text pursues different objectives that we will describe below: 1. Surviving issues It is proposed to incorporate into the LSOTEX those modifications of the same that in some way are understood as supervening either by the transposition of provisions of laws of higher rank, sentences and even as a result of those agreements taken and published with the State Administration in aspects contested by it. 1.1 The state object. In relation to appeal No. 4308-2011 of the President of the Government against various articles of Law 9/2010, of October 18, modifying the LSOTEX [arts. 7.2.b), 9.2.c), 14.1.3 and 14.1.4, 31.2.a) and 3, 32.2, 33.4, 74.3 and additional provision 3.3 and 3.4], the following LSOTEX modifications are included as a result of the agreements made in the Resolution of December 12, 2011, of the Counselor, which provides for the publication of the Agreement of the Bilateral Cooperation Commission General Administration of the State-Autonomous Community of Extremadura in relation to Law 9/2010, of October 18, modifying Law 15/2001, of December 14, on the Land and Territorial Planning of Extremadura ("DOE" of December 15, 2011): The definition of the concept of pre-existing use is included in the preliminary provision , which is mentioned in the articulated text and which clarifies and resolves the current legal indeterminacy. Since this is considered an exclusive matter for the state legislator, the reference to not demanding the right to compensation or financial liability when a plan due to an agreement is not approved is eliminated from article 7.2.b). The patrimonial regime of the State is preserved in terms of the replacement of the existing endowment land with the smaller one provided for in the plan. Regarding the delivery of land where the corresponding use can be materialized to the Administration, the alternative of its monetization is conditioned on the fact that it cannot be fulfilled with land intended for public housing.

The wording of article 33.4 is perfected with respect to the supplementary formula for determining the objective use of urban land surfaces for public purposes not included in action units, introducing the weighting component of the majority use in the corresponding Urban Planning Zone where integrate, as well as the reference to compliance with state legislation on land. 1.2 The ruling of the Constitutional Court. Likewise, the amendment includes the changes to the LSOTEX motivated by the Constitutional Court in its Sentence 148/2012, of July 5, 2012, given that the appeal filed in 2002 by the Government of Spain against various articles was finally upheld. partially last year. The 2nd and 3rd terms of that ruling affect the content of the LSOTEX, annulling the sections "substitute compensation" and "of the urban development agent or the holders of other rights" of article 43.4, as well as articles 44. g), and 149.2 except in its first subsection ("payment may be made through the allocation of land of equivalent value located in the same action unit"). 2. Prior control of the acts Currently, the economic activities that WhatsApp Number List are intended to be carried out in our Autonomous Community and require the carrying out of works or a change of use in the property where it is intended to be located, will require an enabling title of urban nature (license, prior communication or responsible declaration). The heterogeneous legal framework for controlling economic activities with territorial implementation in force makes it difficult to undertake such activities and that is why we are now trying to clarify. From the LINCE (Law 12/2010, of November 16, Promoting the Birth and Consolidation of Companies in the Autonomous Community of Extremadura) to Decree-Law 3/2012, of October 19, stimulating commercial activity, there has been generated a regulatory dispersion that in some cases has caused contradictions between state and regional regulations. In this context, both the State Administration and that of our community are working to guarantee the agile implementation of initiatives that contribute to economic recovery, avoiding unnecessary prior and iterative bureaucratic procedures.

Although the LINCE modifies a few articles concentrated only in chapter 2 of title V LSOTEX on the regime of prior control of activities, this causes some incoherence with respect to those acts to be legitimized through the corresponding urban planning classification on non-developable land. . To this we should add the apparent contradiction that the LINCE supposes in terms of the subdivisions being subject to the prior communication regime [art. 172.j) LSOTEX] or a municipal license (art. 41.3 LSOTEX). On the other hand, the subsequent Royal Decree-Law 8/2011, of July 1, must be taken into account, which in its article 23 (repealed by the LRRRU as it is integrated and qualified in its provisions) establishes an express act of conformity or Failing that, negative administrative silence for alleged subjects subject by the LINCE to prior communication and positive meaning of silence. More recently, and with regard to commercial activity, the non-requirement of licenses for certain establishments contemplated in Royal Decree-Law 19/2012, of May 25 (whose provisions were validated in Law 12/2012, of December 26, on Urgent Trade Liberalization Measures [updated to L 20/2013, of December 9 (BOE of December 10, 2013)], and in its autonomous development through Decree-Law 3/2012, of October 19, it is appropriate that it be transferred to the articulated text LSOTEX. The specific measure proposed is to clarify which acts must be subject to the different types of prior control of the activities that are the subject of territorial and urban planning. Thus, we specify the acts that must be subject to prior communication, which frees them from conventional administrative burdens. by not requiring any further procedure than the presentation of the communication; the acts subject to urban planning licenses are clarified: works, building and installation licenses, licenses for uses and activities; in coherence with the previous points, the procedure that must be followed is corrected. authorizations corresponding to works and provisional uses. At the same time, the regime of special licenses is expanded, transcending works and provisional uses by including cases of general interest and developing the regime for authorizing works in buildings out of planning, the latter issue of deficient regulation in the legal-urban planning tradition (arts. . 187, new 187 bis and new 187 ter).
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