On September 7, 1987, Estanislau Roca, municipal architect of Pratdip, confirmed, in relation to the agreement of the Urban Planning Commission of Tarragona, that the partial plan of Planes del Rei must carry out the mandatory and free transfers of urbanization land. The Partial Plan, drafted under the Land Law of 1956, not explicitly indicating the transfer of the facilities area, means the transfer must at least cover the green areas and the roads.
1) Nature of the document
- Official technical report signed by the municipal architect of Pratdip.
- Explicit reference to the agreement of the Urban Planning Commission of Tarragona.
- Legal framework: Land Law of 1956 (partial plan without explicit mention of facilities transfer).
2) Technical conclusions
- Obligation to carry out the free transfers of public-use land.
- In the absence of a specific mention of a “facilities area,” the transfer must at least include the green areas and roads.
- Statement made in Pratdip on September 7, 1987.
3) Legal basis recalled
- The transfers of land designated for public use in developments/urbanizations are mandatory and free.
- The lack of explicit mention of a facilities area in the plan does not exempt the transfer of roads and green spaces.
4) Legal and administrative scope
- The Town Hall already had, in 1987, a technical opinion confirming the need to receive public spaces.
- The report undermines the argument that Planas could not have been received due to lack of framework or sufficient mentions.
- It constitutes a documentary piece of evidence to trace the chain of decisions not carried out.
Key points to remember
- Mandatory and free transfers confirmed.
- Minimum scope: green areas and roads.
- Early knowledge by the Town Hall (1987) of the legal path for reception.
