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European Cooperation in the field of Scientific and Technical Research - COST Action C11 |
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Spatial
Planning in Spain National
data on planning systems Jorge Martinez
Chapa GREEN AREAS
IN SPANISH URBAN LEGISLATION July
2001 Greenstructures
and urban planning - Green areas in Spanish
urban legislation Introduction After 1978 when
the new Spanish Constitution was approved, the
urban competencies were transferred to the
Autonomous Communities. There are Seventeen
in Spain. Almost all of
them have their own urban legislation. Even in
those Autonomous Communities with
regulation of their own about this subject, such
regulation arises from the State
legislation. Present
State legislation The present
State legislation in relation to green areas
planning, is ruled in the "Ley sobre Régimen
del Suelo y Ordenación Urbana" ( Land
use planning and Urban Ruling Law), approved
in 1975, and the "Reglamento de Planeamiento para
el desarrollo y aplicación de la Ley sobre
Régimen del Suelo y Ordenación
Urbana" ( Planning regulation for the
development and application of the Land use
planning and Urban Ruling Law ), approved in 1978,
that develops the contents of the previous law
. Both laws are
prior to the approval of the Constitution, and are
applicable to those Autonomous Communities
without a legislation of their
own. The general
legislation applicable in all the Spanish territory
is the "Ley sobre Régimen de suelo y
Valoraciones " ( Land use planning and
Appraisal Law), approved in 1998 ,
therefore after the approval of the Constitution,
but this Law, due to the State not having
competences to legislate in relation to urban
subjects, only regulates as its name
indicates, other aspects not urbanistics of
the land. Types of
Plans according to the State legislation
Regional
Plans Master Plans (
Planes Generales de Ordenación Urbana
Municipal, P.G.O.U.M ) Partial Plans (
Planes Parciales) Special
Plans Regulation
of the green areas by de planning, according
to State legislation The State Law
of 1975 and its Planning Regulation of 1978,
establishes the following reserves of green areas
on Master and Partial Plans: - Municipal
Master Plans ( Planes Generales de
Ordenación Urbana Municipal) should assign
not less than 5 m2/ per inhabitant to green
areas. - Partial Plans
( Operational urban development ) that develop the
Municipal Master Plans in new urban areas ( land in
development ), meant for residential or industrial
use, should assign not less than 18 m2/per
dwelling or every 100 m2 built
(with a minimum of 10% of the total surface of the
Partial Plan ), to green areas in the case of
first use ( residential ), and not less than 10% in
the case of the second use ( industrial
). These
quantities should be increased ( in residential
areas ), according to the amount of housing
contained in the Partial Plan. The previous
asignment for residential use applies only to less
than 500 dwellings. If the amount is higher than
that, the reserve should be not less than 21 m2/
per dwelling or every 100 m2 built, with a minimum
of 10% of the total surface of the Partial
Plan. The
Municipal Master Plan It is the main
instrument and the whole planning for the township.
Its scope includes the complete surface of the
municipality, and it is carried out by
the Town Council itself, or by a private
planner commissioned for it by the
Council. When Master
Plan refers to Metropolitan areas, its scope covers
the main city that constitutes the focus of the
urban aglomeration as well as the rest of
councils integrated within the Metropolitan
area. In Spain
although only Madrid, Barcelona, Valencia, Sevilla
and Bilbao, are considered Metropolitan
areas, while the Central Area of Asturias,
Málaga and the Bay of Cádiz are
considered urban aglomerations, at present only
Barcelona has a real Metropolitan Master Plan ( 27
councils). The Master Plan of Madrid includes
only Madrid and the former councils
incorporated to the capital some years
ago. The Master Plan
is an integral Plan that establishes: - The Land
Clasification ( Urban, Land to develop, and Land
not to develop ) - The
regulation of the uses of the land and the
intensities of the edification. - The general
and organisational structure of the territory (
System of communications). - The General
System of open spaces ( parks and green spaces),
and community services ( educational , cultural,
health assistance, sports, churches, cemeteries,
etc ). - The
programming for the development of the
Plan. As indicated
above, the rate established by the State Law
for the Master Plans is 5 m2/ per
inhabitant. The Partial
Plan It establishes
in detail the regulation of the Sectors of Land to
develop, according to the Master Plan. It can be
developed by the Local Administration
(Council), or by Private
individual. The scope of
the Partial Plan comprises a Sector of Land to
develop, and it must specify: - The
regulation in detail of the use of the land as well
as the intensities and kinds of the
edification. - The setting
of the local comunication systems ( streets,
places, etc ). - The local
System of green and sports areas, and public
equipment. - The economic
valuation, and the development plan. The State
regulation establishes two kind of requirements
about green areas: Concerning
quantity: - Less than 500
dwellings: 18m2/per dwelling or per each 100 m2
built. ( minimum 10%
of the surface of the Plan). - 500 or more
dwellings: 21 m2/ per dwelling or per each 100 m2
built. ( minimum 10%
of the surface of the Plan). -
Industrial or non residential Plans: 10% of
the surface of the Plan. Concerning
quality: The green areas
may be public gardens, children areas or pedestrian
areas. - The public
gardens must have a surface not less than 1.000 m2,
capable of inscribing a circle of 30 metres
diameter. - The children
areas must have a surface not lower than 200 m2,
capable of inscribing a circle of 12
metres diameter. - The
pedestrian areas must have a surface larger than
1.000 m2, capable of inscribing a circle of
30 metres diameter. Other
Plans The rate of
green areas in other kind of plans ( Regional or
Specials ), is not regulated by the
legislation. The Special
Plans can develop urban pieces of land with
different options ( to obtain new public spaces in
very compact areas, to restore impoverished areas,
to protect interesting architectural areas,
etc ). Master Plans
can stablish, the rate of green areas in some of
the Sectors object of the Special
Plans. All rights
reserved - © COSTC11, 2001 To add your own definitions or ideas just email Anne Beer. |
Meetings Background Meetings Background |
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