GA_P advises on the approval of the Special Plan for the Logistics Activities Zone of the Port of Valencia

Gómez-Acebo & Pombo has 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 approves the Special Plan for the Logistics Activities Zone 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 reviewed the matter in detail and stated that the factual situation of the ZAL, which was covered at the time by an Urban Development Plan in force – even though 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 (both pictured) and Anna Spuche, partners and associate of public, and also supported by Ernesto Vidal and Javier de la Torre, associates of the same area.