The moratorium fixes in 450 the maximum annual number of building
licences that can be given on Mallorca for single houses on rustic land.
27 municipalities and the urban centres of 10 coastal municipalities
are completely excluded from the application of the moratorium in connection
to urban or ubanisable land.
On January 22, 2002 the full council meeting of the
Consell
de Mallorca approved definitely the
Norma
Territorial Cautelar to ensure the viability and effectivity of the
Plan
Territorial de Mallorca. The urbanistic moratorium was approved with
the favourable votes of the parties that make up the
Pacte
de Progrés whereas the
Partido
Popular voted against, alleging that the norm was not legal and contained
many errors. The approved moratorium, that complements the previous
Norma
Territorial Cautelar passed on October 25, 2000 by the same institution,
will be valid until the Mallorcan Territorial Plan enters, or in its defect,
for a maximum period of two years.
The approval of the Temporary Territorial Norm was finally agreed upon
by the parties of the Progress Pact after the
Balearic
Government renounced the application of
their
moratorium approved last August 3, 2001 and the reform of the Territorial
Planning Directives, and after
Unió
Mallorquina accepted extending the moratorium to rustic land.
The
Norma
Territorial Cautelar approved introduces with respect to the
first
approved one, on July 26, 2001, a provisional norm for the authorisation
of single houses on rustic land throughout Mallorca that fixes the number
in 450 for the maximum annual licences that can be given for the
construction of single houses while the moratorium is valid. This regulation
contemplated by the norm affects all the municipalities of Mallorca.
Another novelty in respect to the previous proposal is that the moratorium
approved excludes from its field of application the lands classed as urban
or urbanisable for determined municipalities and the interior urban centres
of certain coastal municipalities bearing in mind the percentage of land
consumed in 1995-2000, according to the study of vacant land prepared by
the Balearic Government.
The 26 municipalities affected by the application of the norm referring
to urban or urbanisable lands are: Alaró, Alcúdia, Andratx,
Artà, Bunyola, Calvià, Campos, Capdepera, Deià, Esporles,
Felanitx, Fornalutx, Llucmajor, Manacor, Marratxí, Muro, Palma,
Pollença, Sant Llorenç, Santa Margalida, Santanyí,
Sencelles, Ses Salines, Sóller, Son Servera and Valldemossa.
The 27 municipalities that are completely excluded from the application
of the moratorium refering to urban or urbanisable land are: Algaida,
Ariany, Banyalbufar, Binissalem, Búger, Campanet, Consell, Costitx,
Escorca, Estellencs, Inca, Lloret, Lloseta, Llubí, Mancor de la
Vall, Maria de la Salut, Montuïri, Petra, Porreres, Puigpunyent, Sa
Pobla, Sant Joan, Santa Eugènia, Santa Maria, Selva, Sineu and Vilafranca.
The norm approved also excludes from its field of application referring
to urban or urbanisable land the interior centres of 10 coastal municipalities
affected by the field of application of the norm. These are the urban centres
of Artà, Campos, Capdepera, Felanitx, Manacor, Muro, Pollença,
Santa Margalida, Ses Salines and Sóller.
In the 26 municipalities affected by the moratorium except the 10 urban
centres mentioned before that are excluded, the concession of urban authorisation
for plurifamily buildings are suspended, which includes buildings of apartments
and terraced houses. This norm also includes four exception related to
the catalogued historic groups (listed buildings), the rehabilitation of
buildings, the public protection buildings and the buildings for people
with reduced mobility.
On the other hand, via the necessary urban permission, the construction
of buildings destined to residential use for single families will allowed,
as long as the kind of building projected permits only one house per plot.
Also the number of isolated constructions for one families that are permitted
by the municipal planning on one plot will also be allowed.
The Temporary Territorial Norm contemplates a provisional regulation
of the authorisations for tourist accommodation use, that will be permissible
with the complete fulfilment of the current tourist norm, and also the
corresponding applicable urban norm. This regulation affects 26 municipalities
that the moratorium includes, except for the 10 urban centres mentioned
before.
Finally, the Provisional Territorial Norm becomes effective as from
the date after its publication in the
Butlletí
Oficial de les Illes Balears and in respect to urban and urbanisable
land and tourist use regulated by this norm, this includes the building
requests to the corresponding Town Hall as from July 4, 2001; and reference
to rustic land, as from the entrance of the norm.
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