The City Council of Rivas Vaciamadrid has obtained a key judicial support in its urban development policy after the recent ruling of the Administrative Court No. 1 of Madrid, which has given the council the right in its decision to deny the building permit for the construction of 84 homes in the Cristo de Rivas sector. The affected developer, Jarama Desarrollos Inmobiliarios, appealed the municipal refusal, but the court ruling has validated the technical criteria of the City Council: no building can take place until the necessary urbanization works are completed in the area.
There are several reasons that support the City Council’s position. First, the land is not considered urban land: after more than 14 years since the start of the works in the sector, key infrastructures are still missing, such as the general rainwater drainage network, general sewerage collectors, part of the roads and obligatory green areas. The absence of these infrastructures poses a risk to the safety of the people who may inhabit the future dwellings.
It is also pointed out that it is the Compensation Board that is responsible for undertaking the urbanization works, according to the urban planning regulations and the agreement signed in 2018 with the City Council. And finally, the municipal competence to authorize the compatibility of the building works with the urbanization works is emphasized and, in this case, the decision not to grant licenses on a simultaneous basis is justified and legal.
The reaction of the Rivas City Council
The municipal government of Rivas has celebrated the ruling as an endorsement of its sustainable city model, defending that the protection of the urban environment and proper planning must prevail over speculative interests. The objective, according to the consistory’s communiqué, is not to prevent the construction of new housing, but to guarantee that any development is carried out with all the basic services and guarantees for future residents.
Although the ruling is not yet final, it sets a relevant precedent for other pending developments in the municipality. The City Council has already presented the advance of the new General Urban Development Plan (PGOU), betting on reorganizing what has been built, regenerating spaces and consolidating a city model that “prioritizes quality of life”.