Urban planning

Posted on Sep 14, 2023 in Other subjects

• Planning Implementation

• STAGES OR CONTENT

• Principles

• PREREQUISITES

• SUBJECT TO MANAGEMENT CAN DO

• AUTHORITY TO AUTHORIZE

• Management activities

• AREAS OF PERFORMANCE

• Planning Implementation

PRINCIPLES

• 1st Contribution dotacionales applications.

• 2nd guarantees equal distribution.

• 3rd Participation in capital gains.

• 4th facilitate private initiative

• These principles are based on laws and their regulations.

• LOUA art. 85 to 159 inclusive

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PREREQUISITES

• The first requirement for management to exist is that there is already planning. In this case and depending on the type of soil.

• For SUC, Sunco with OP and should be the PGOU SUbleO or POI.

• To Sunco without OP and SUbleSect. The General Plan, and also the PP, PE or ED.

• To SUlenSect. The PS, and the corresponding PP.

• For SSGG the EP or if included in an EU the development of this

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SUBJECTS THAT CAN DO THE MANAGEMENT

• Audience: Local authorities individually or in groups (Councils Town Planning Department, Public Service Training and so on., And provincial councils.

• PRIVATE individually or in association: Plug compensation, administrative Associations owners, associates conservation

• institutions of mixed character, art. 90.3b speaking of the indirect management refers to the creation of mixed capital companies.

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AUTHORITY TO AUTHORIZE

• As the urban public activity, the power to authorize the administration to compete must:

• Determine the form of management.

• Taking your direction and control.

• Perform expropriation if need be to ensure development.

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MANAGEMENT ACTIVITIES

• Attend to the question What are the problems to be solved? And therefore, should aim towards where the implementation activities.

• 1st legal transformation, or change the legal reality.

• 2nd PROCESSING EQUIPMENT, or change of material or physical reality.

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AREAS OF PERFORMANCE

Areas or spaces marked the territory where the execution took place IS: IMPLEMENTATION UNITS (EU)

(SECTOR: OBJECT OF THE PLANNING UNIT TERRITORIAL DEVELOPMENT)

UE: UNIDAD TERRITORIAL MANAGEMENT (TRANSFER, equidistribution and urbanization)

• Planning Implementation

IMPLEMENTATION UNITS (EU)

• DEFINITION: physical spaces that result from dividing the territory in which to carry out the execution, that is, where materialize the rights and duties of the owners.

• QUALIFICATIONS: 1 Allow the fulfillment of the equidistribution, 2 º Technical Adequacy, 3 º Economic viability.

• COINCIDENCE WITH PLANNING: Do not have to agree, although the Act provides that if the planning says nothing should coincide with this. The areas of planning is the kind of sectors and also for execution at the POLYGONS.

• CLASS OF UNITS COMPLETION: According to them it may or may not perform all management operations can be

• Continuity. All are developed in the same territory.

• STAPLE. Not all operations are performed in the same territory. Only in urban land and, exceptionally in land for development

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IMPLEMENTATION AND LEGAL OR TRANSFORMATION

PERFORMANCE SYSTEMS

• DEFINITION: These are the legal and administrative channels established by law for management.

• RESPONSE TO THE FOLLOWING QUESTIONS:

• Who bears Operations with management: if the private sector or the public.

• How and under what legal regime will remain the property of the soil resulting from management

• These systems are:

• COMPENSATION. Features: The private elements are compensation board, the statutes or rules for the operation; The basis of performance or criteria under which the board acted; DRAFT reparcelling reflecting equal distribution operations. This project will be the instrument that all systems reflect the reparcelación when they are not voluntary.

• COOPERATION. Features: public works and management are performed by the administration. This can be done by direct or INDIRECT MANAGEMENT. The owners can choose the method of payment in cash or kind.

• Expropriation. Features: public. The government expropriated and managed by previous forms: direct orINDIRECT. In this system there are two figures, one of the developers, and over the planning agreement which formalized agreements between this and the administration.

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PERFORMANCE SYSTEMS UNIT PERFORMANCE

METHODS OF IMPLEMENTATION

SYSTEMATIC unsystematic

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SYSTEMATIC METHODS OF IMPLEMENTATION

• The name given the action of holistic nature. Understanding for Comprehensive those made at EU level, by any of the three systems of action, and doing simultaneously: 1) get the assignments, 2) the farm parcel as planning, 3) realize the advantage of each owner, and 4) perform the development. His summary and definition ucts:

• THOSE UNDER WHICH ACTS THROUGH PERFORMANCE UNITS AND DEVELOP THROUGH PERFORMANCE SYSTEMS

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METHODS OF IMPLEMENTATION unsystematic

• Contributions not be on an integrated, ie there is neither the EU nor are developed through the implementation systems.

• By two treatments may act unsystematic orthrough expropriation, or by applying the concept of setting CAST AREA in the latter case the use environment.

• This, combined with techniques TRANSFER OF USE URBAN (TAU). Thus the differences in use can be transferred: 1 through transfer agreements between individuals, 2nd through direct purchase administration, 3rd ceding land in exchange for the municipality dotacionales recognition of the exploitation by this.

• The administrative control of these transfers are carried out through the TRANSFER RECORD

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IMPLEMENTATION MATERIAL:

THE WORKS OF URBANIZATION

THE NEXT STEP, once defined FORMS OF EXECUTION, IS MAKING THE WORKS OF HOUSING ARRANGEMENTS WHICH WILL BE DIFFERENT DEPENDING ON WHETHER TO FORM: systematic or unsystematic

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URBANIZATION WORK WITH SYSTEMATIC METHODS OF IMPLEMENTATION

The figure used in the case of systematic actions to the actual execution of the works is the urban development projects (are defined by planning legislation)

• The development projects as defined in Article 96 of the LOUA are “works projects, and may not include determinations on the organization or system of land or building.

• define the technical content of road works, drainage, installation and operation of public utilities and landscaping, trees and park furnishings and gardens are described in Article 113.1 of the LOUA and other instruments provided for planning.

• All infrastructure works required for project development and administrative approval.

• The contents of Urbanization is:

• Roads (grading, and paving said roadway, and curb construction of sidewalks, and construction of pipelines for underground service routes or sidewalks).

• Sanitation (general and partial manifolds, connections, drains and sewers for stormwater and wastewater treatment plants in the proportion corresponding to the execution unit.).

• Water supply. (The catchment is when needed and home distribution of drinking water, irrigation and fire hydrants).

• Street lighting.

• Telephony.

• Telecommunications.

• Landscaping and trees.

• Furnishing city.

• The content will come reflected in the project document:

• Memory; Plans; Table price and budget specifications for works and services.

• The development projects will be approved by the municipality because the procedure to have the bylaws, after receipt of the corresponding organs of the government sector where required.

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• URBANIZATION WORK WITH METHODS OF IMPLEMENTATION unsystematic

• In the case of unsystematic actions the practical conduct of the work is done through calls ORDINARY PUBLIC WORKS (its definition makes the LRL)

• Two exceptions apply to the Law

• 1st in orderly urban land is allowed to integrate the definition of the technical details of the urban development work in building projects as complementary works urbanization, where they relate to simple repair, renovation or improvement works or services and . (Art. 98 of the LOUA)

• 2nd Proceedings nonintegrated developers. It is in most cases of isolated activities in the area of piecemeal actions, not reaching the size works for their own development project, ie road works, drainage, utilities, landscaping and so on.

• The status of these works is found in the legislation of local government (Article 88 et seq legislative RD 781/1986 of 18 April)

• Summarizing in four possible cases:

• Urban Land Consolidated and work by private developer’s work may be included in the proposed building if the work is minor. In another case will require a Construction Project works.

• Consolidated Urban Land developer and administration work. Through the ordinary public works project.

• Urban land not developable ordered consolidated and individual performances unsystematic In ordinary public works project.

• Urban land and developable unconsolidated orderly and work by the administration. Development project in systematic actions and ordinary public works project in unsystematic actions

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• PLANNING AGREEMENTS

• Planning agreements Articles 30 and 95 of the LOUA. Urbanistic are agreements or covenants that are agreed between two parties, which may be two administrative bodies, or an administrative body and an individual for the development of a tool for planning or management same, hence there are the conventions of urban planning, urban planning and management agreements. The agreements establishing the characteristics of an urban development project, and are a tool to introduce flexibility in planning activity.

• They can sign these agreements together or separately:

• Administration of the Government of Andalusia.

• Municipalities.

• Public entities attached to each other.

• A consortium created by such authorities.

• Currently the zoning agreements are governed by all laws and has regional connotations or some of the following:

• – The administrative legal nature.

• Default mode of urban management, including the mix of management approaches taken by different systems of action.

• Agree sales of lucrative land in proportion higher than anticipated in planning.

• Agree future planning at least at partial plan or similar planning document content, and even lead changes, revisions etc. adjustments.

• Agree even determines the degree of urbanization of the soil to yield profit.

• No need to own all or part of the execution unit, subscribe to Planning agreements.

• They are governed by the principles of transparency, publicity and, in general concurrence.

• In general the rules of the autonomous legislation places a double limitation:

• 1st do not bind to the Administration in planning for the future.

• 2nd should be subject to certain requirements of public disclosure and registration in a special register in order to make known its contents.