Urban disorder: attacks on Planning. From the threat of its nullity to the new positive rules of direct application

Abstract

The Spanish urban planning system, inspired by the French and Italian model that makes Planning the centerpiece of the city model, is slowly dying due to the permanent threat of its nullity and the various legislative initiatives that impose themselves on its provisions, as rules of direct application of imperatives, regardless of their content. Until now, the directly applicable regulations imposed negative limits, preventing abuses in the design of the city or building intensity, or establishing supplementary criteria in the absence of the Plan. Currently, legislative initiatives are taking place to impose specific uses, currently those related
to protected or affordable housing, following the principle that what is urgent prevails over what is important. This article analyzes the consequences of this dynamic and insists on the need to implement an agile model for processing and modifying Planning, with adequate legal certainty.