The crisis of the urban planning standard. From the principle of non-regression to the construction of houses on public environments

Abstract

The imposition of an urban quality standard by Laws constitutes a social achievement that guarantees citizens’ access to sufficient public services in cit- ies. By their nature, public facilities constitute the headquarters for the provi- sion of public services with a general purpose. The principle of non-regression, under the ‘stand still’ formula, which has been reiterated ad nauseam in matters of green areas and open spaces by jurisprudence, is applicable to all endowment lands, which respond to the imperative of reserving spaces to serve the basic needs of those who inhabit the urban space. The patrimonialization of public land, even if it is to build public housing, causes an increase in pressure on public services, which, in accordance with the model of sustainability and provision actions, re- quires increasing the provision spaces, not reducing them. It is one thing to pro- vide for the implementation of temporary public accommodation services to meet the demand for housing solutions of specific vulnerable people and
another to promote housing by altering the balance of the standard and degrading urban quality contrary to Planning forecasts. Aside from this, can the reversion be ap- plied in favor of those who gave up land for free to implement specific provisions if it is negotiated with to promote housing?