The First Section of the Contentious-Administrative Chamber of the Supreme Court (TS) has admitted for processing the appeals presented by the Generalitat Valenciana and Valencia Intermodal and Logistics Platform against the annulment of the Special Plan of the Logistics Activities Zone (ZAL) of the Port of Valencia.
In an order dated March 1, the High Court ratifies the admission of these resources, which already advanced in a resolution last October in which it summoned the parties to appear before the room, with referral of the original orders. and the administrative file.
The Supreme Court's decision comes after the Administrative Litigation Chamber of the Superior Court of Justice of the Valencian Community (TSJCV) upheld the appeal filed by the La Punta La Unificadora neighborhood association and annulled the resolution of the Ministry Vertebration of the Territory of December 17, 2018, which provided for the definitive approval of the Special Plan of the ZAL.
The TSJCV based the annulment on the fact that "the land in the area of the ZAL came to have the classification of non-developable land granted by the general plan of the municipality" as a result of the nullity of the previous plans" and estimated that the Strategic Environmental Assessment (EAE) should not have been carried out by simplified procedure.
The Generalitat and Valencia Plataforma Intermodal y Logística responded to this with separate resources. Now, in a new order of the Supreme Court, consulted by Europa Press, the Chamber concludes that it is appropriate to admit the appeals for appeal "specifying that the question on which it is understood that there is objective interest for the formation of jurisprudence consists in determining the relevance that , in order to specify the modality of strategic environmental evaluation required in each case -ordinary or simplified-, it may have the fact that the planning instrument whose approval is sought refers to a land already materially transformed in its entirety by the works of urbanization executed".
"And more singularly, -he specifies- when that urbanization action had been carried out under the protection of a special planning instrument later declared null by a final judicial resolution."
In view of the foregoing, it details that the rules that, in principle, will be subject to interpretation, without prejudice to the fact that the sentence could be extended to others if the debate so requires, will be, among others, Law 21/2013, of 9 December, environmental evaluation; or Royal Legislative Decree 2/2008, of June 20, which approves the consolidated text of the Land Law.
