O STJ declarou a conformidade com a lei do Plano Especial da Zona de Atividades Logísticas do Porto de Valência

Gómez-Acebo & Pombo advised Valencia Plataforma Intermodal y Logística in the ordinary proceedings brought by the Asociación de Vecinos de la Punta Unificadora against the Resolution dated 17 December 2018 of the Regional Ministry of Housing, Public Works and Territorial Development of the Generalitat Valenciana, which definitively approved the Special Plan for the Logistics Activities Area of the Port of Valencia. After many years of litigation to obtain the finality of the aforementioned definitive approval, the Supreme Court has issued a final ruling dated 12 March 2024 which considers the processing of the approval of the Special Plan to be in accordance with the law, giving the green light to its development and confirming that there is no environmental impact.

The Supreme Court reviews the case in detail and states that the factual situation of the ZAL, which was protected at the time by an Urban Development Plan in force – even if this was later annulled – cannot be changed.
Undoubtedly, the time that has elapsed, the normative force of the factual, the limited environmental impact, the impossibility of restoring the urban planning order and the determining influence of these issues in determining the choice of the environmental assessment modality must be taken into account. This is quite an achievement as it represents a change with respect to previous rulings, as the court interprets them more in line with reality.

The GA_P team was led by José Manuel Palau, Josep Ortiz and Anna Spuche, partners and associate of the Public Law department, and also supported by Ernesto Vidal and Javier de la Torre, associates of the same department.