La problemática de los usos del suelo no urbanizable
- Autores: Anna Capell Fabri
- Directores de la Tesis: Joan Manuel Trayter Jiménez (dir. tes.)
- Lectura: En la Universitat de Girona ( España ) en 2021
- Idioma: español
- Tribunal Calificador de la Tesis: Belén Noguera de la Muela (presid.), Marta Franch Saguer (secret.), Josep M. Aguirre i Font (voc.)
- Programa de doctorado: Programa de Doctorado en Derecho, Economía y Empresa por la Universidad de Girona y la Universidad de Vic-Universidad Central de Catalunya
- Materias:
- Enlaces
- Tesis en acceso abierto en: TDX
- Resumen
My objectives throughout this thesis, as previously stated, are to analyse, study and make an assessment of the different problems that arise as a result of the uses permitted on undeveloped land, derived from the urban planning regulations that preceded us as well as those in force today; and the reason for their tireless modifications without having achieved the objectives established in the preamble of each of these regulations. Once all this has been analysed, the present thesis will focus on commenting on the existing problems that affect these uses, from the judicial sphere to the execution of these plans, and where the opinions reached or main problems observed for each of them are manifested.
As is well known, there is currently a latent problem in urban planning law, derived from multiple factors. These include the fact that the majority of laws and plans approved in this area are short-lived; secondly, because it is a legal discipline in constant change (which is also necessary because static urban planning would not lead us to any solution either) and which must adapt to all social contexts; and thirdly, because urban planning is created from ethics and politics, which is also one of its major drawbacks. On the other hand, from this urban planning that I mentioned, we would come across the problems inherent to undeveloped land, the object of study of this thesis. In this case, if we analyse the evolution of this land throughout history up to the present day, we can see how the legislator/planner or other people who intervened in this process have led us to find ourselves faced with unsustainable models of urban planning. When this problem is mentioned, reference is made above all to the uncontrolled urban development processes that have existed in Spain and in the autonomous community of Catalonia throughout its history. In addition, all these problems can also lead to different crises; among them, the first, which would be the clearest, would be the economic crisis, as it produces a latent imbalance in society; secondly, a socio-political crisis that prevents us from reaching the appropriate agreements and legislating to find a solution to all these problems - some authors mention it as ungovernability -; and thirdly, and no less important, an environmental crisis, derived from the poor foresight and execution of plans and of the territory and the safeguarding of non-renewable resources.
