The TSJCV supports the amendment of the General Plan on the demolition of the old building Tabacalera.

The Hall of contentious administrative of the Tribunal Superior de Justicia de la Comunitat Valenciana (TSJCV) has endorsed the amendment of the General Urban Plan (General Plan) of June 30, 2006, which allowed part of the old building down Tabacalera, the understand that this decision was neither arbitrary nor irrational.

Thus, the Board dismissed the appeal by Tabacalera Salvem against the decision of, aion kinah kaufen, the Department of Land and Housing which finally approved the amendment of the General Plan in the field of blocks bounded by streets Amedeo, Sir Masco, Naturalist and Naturalist Rafael Arevalo Cisternes Baca, and Navarro Reverter, General Navarro bleed and Paseo de la Ciudadela.

This resolution of the Government was changing the ordering of the block which contained the, sto energy credits, Tabacalera building and, secondly, it modifies the rating of the site that housed the so-called municipal health center. Both amendments were related to each other from the urban point of view. Against this, Salvem appealed to prevent the demolition of the building of the former Tabacalera, though it were a partial demolition.

The room, after study,, aion kinah, has decided to dismiss based on various grounds. One is that the demand did not dispute the data and documents underlying the municipal technical author of the report of modification of the plan document to say that in the catalog of Valencia PGOU only protected the main building, nor as to any of the techniques that provide reports.

Therefore believes that the assertion has not been demonstrated that the entire building as a whole, including vessels giving onto the street Sir Masco, had in the catalog of the plan before modification urbanistic with Level 2 protection.

Along with this, Salvem explained that although these vessels were not scheduled, it would have to give them no real protection for cultural heritage inventiariados. However, the Board believes that this argument can not be upheld because that protection could only be justified if the goods or has not been set particularly in the planning or contemplation protective measure, but not when, as in this case there is a express declaration in the amendment of the plan on the property to be protected.

"Must protect"

In addition, the applicant was based on the contents of the Technical Report Inspection Unit of historical and artistic heritage of the Territorial Directorate of Culture of Valencia, August 21, 2003, to argue that all buildings of the whole must be protected Tabacalera the amendment of the general plan, included in the Catalogue of Goods and General Plan protected areas as a Site of Local Match (BRL).

This report, as noted by the Board, indicates the City Council to include the Fabrica de Tabacos for qualification as BRL, which, at the discretion of Salvem, was to be understood to imply the preservation of the whole. However, he believes that "you forget that this report specifies that the considerations that are made in are not definitive, but is without prejudice to the final analysis after completing the document."

However, faced with these technical solutions offered by Salvem, the Board points to the solution to reaching the document modificationapproved general plan, which is testimony enough to stop the industrial structure of the original set, retaining only the combination of the Palace of Industry, the Machinery Hall, the Board of Motor header sections of building ships that fall into the street Amedeo, and not to protect the two ships giving onto the street Sir Masco.

Thus, allowing the demolition of these aircraft on the ground that are not original parts of the exhibitions held in 1909 and 1910, and understands that the physical preservation of those two header sections of the aisles, more representative and formally rich , it was possible to give testimony enough of the industrial structure of the complex. Both solutions are, in the opinion of the room, "rational" and "are well founded."

Thus, adding that the amendment of the plan encourages "sufficiently" the reasons that lead the planner to take the decision to protect the building from Tabacalera in the way he does, and says that this decision is "supported" by the data objectives are reflected in the technical reports that support its decision, without any proof that this is arbitrary or unreasonable. Therefore concluded that Salvem has shown that urban planners have gone beyond the limits of the exercise of 'posttest variandi' in the protection afforded to the building of Tabacalera.

Individual opinion

The sentence has one vote of Judge Carlos Altarriba, who understands that this resolution have been "imprejuzgadas" essential materials such as the legality of the swap and, consequently, if the alienation of property dotacional Hall building was to be made through the mechanism public auction, "As easily understood," has "more assurances that an agreement with a builder who reclassified, reclassified, Discontinued, transfers via public pieces, etc.."

Also, this judge finds that the expansion has been facilitated by resource Salvem could have considered the legality of the procedure for formal adoption and, in particular whether he was subjected to public information in terms that the Law of Valencia.

It also indicates that there is more to go more than the flatness of the amending plan to realize that what is protected and listed as a singular element capable of protection "was the entire block that integrated the building of Tabacalera. "Not only had protected the unique building, according to the discretion of the administration."

Thus, the judge summarized the evidence planimetry "exhaustively" that what is protected and catalog the entire area of the block which includes the building of the tobacco factory, also called 'unfit buildings "that" certainly , are the mid-twentieth century, but prior to 1924. "

For this reason, notes that the amendment of the plan, out of print, does not seek an improvement in the geometric space which attaches the main building, but the disappearance of most of the aisles to be protected and other accessory buildings. " All of this for land parcels, in order to build two buildings, and minimum heights of nine to nine meters from a building which now has the character of property of Local Interest. "

return eclipse's blog to keep reading