Urban Planning and Environmental Law

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The Urban Planning Department at Andersen Tax & Legal advice in development planning, management, implementation and planning discipline to both Public Authorities and private businesses on the real estate and construction sector or that have a property holdings that require management.  The advice is provided by multidisciplinary teams including lawyers specialized in real estate, tax and environmental law.

Our Urban Planning Department forms part of our Public and Regulatory Law Division, which has consolidated the firm’s reputation as professional experts in Infrastructure Projects, Expropriation and Public Contracting and has led to the formation of teams with a multidisciplinary vision in this area of the Law.

The Environmental Law team is very experienced in environmental law matters, advising on applications for environmental approvals and licenses. We also advise on matters related to waste management and treatment, polluted land, environmental reviews (in the context of corporate transactions), and administrative and judicial cases.

Services

  • Drafting Urban Development Plans: Preparation of General Urban Development Plans and Municipal Development Plans, Supplementary Planning Regulations and Sector Plans.

  • Development  Planning: Local Level Plans, Special Plans, Detail Studies and Catalogues. Development Action Programmes (“P.A.U.”) under the regulations in force in Castilla-La Mancha, Integrated Action Programmes (Community of Valencia) and development initiatives (Autonomous Community of Madrid).

  • Planning claims: We offer wide-ranging advice in this area, preparing planning claims that are specifically designed for private individuals who wish to exercise their rights and interests.

  • Management and implementation of changes of land use: We organize the complex process relating to the change of land use, all the way through to construction. Planning processes involve a number phases in which private legal issues (civil law) must necessarily go hand-in-hand with urban planning issues which, in turn, require their own technical support. Preparing urban development initiatives, including an analysis of ownership titles, and subsequently bringing together groups of owners (Management Committees, Compensation Boards, etc.) with legal assistance for the owners involved, along with processing and following up compliance with planning requirements, challenging development fees, etc., are just some of the many services we offer our clients.

  • Urban Planning Discipline: this is defined by the reaction of the authorities to breaches of the established urban planning regulations. We design the strategy to be followed by our clients in penalty proceedings. We also offer advice on planning regularisation processes aimed at achieving the legalisation of buildings or their use, where possible, where they have been constructed without a permit or in full or partial breach of the permit obtained. Where this is not possible, we analyse the scope of the regulations that apply to the building beyond the planning requirements.

  • Administrative procedures: in addition to our initial consulting work, we have a specialist litigation team that comprises experts in administrative processes and proceedings in the Contentious-Administrative and Civil Courts, as well as specialists in domestic and international arbitration in cases specifically relating to planning, all of whom combine to offer their comprehensive knowledge of the way in which the courts and tribunals resolve conflicts arising in this area.

Without the vision and know-how that our litigation experts provide when advising on legal procedures and current case law, we would not be able to offer such a comprehensive legal service.

Publications

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