New Planning Regimes in Andalusia Prepare Us For The Future

Malaga province and the Costa del Sol in particular has been a place of great advances in recent decades. There’s a reason why Malaga is the Spanish province with one of the fastest growth rates on the peninsula. But it has had its drawbacks as well.

One of these has been the seemingly endless struggles with planning and development bureaucracy. Sometimes it has been almost farcical, as with the decades-long inability – until recently! – to get a planning regime in place in Marbella. It’s truly been at a Waiting for Godot level.

However, while the wheels of progress do sometimes move too slowly, they do move. And in Andalusia we are in the midst of – in my mind – establishing a long-term system that will make planning a sane and efficient process.

Some of these new laws and processes are taking place at the Andalusia, or autonomous community, level. Others are more local, such as the new POU/PGOU planning regimes moving through the approvals stage in Marbella.

Since 2021 Andalusia has had a law called LISTA or the Law to Promote the Sustainability of the Territory of Andalusia. And another law is in development called the POTSCO which is a territorial planning law for the western Costa del Sol. It is currently in the initial approval phase.

PLANNING LAWS OLD & NEW?

The LISTA was passed into law in December 2021. It replaces the previous regional planning law, the LOUA, passed in 2002.

The LISTA introduces a simplified land classification system, reducing the previous three categories (urban, developable, and non-developable) to just two: urban and rustic. The aim is to provide greater flexibility in land use management.

Under the LISTA, land that meets certain criteria, such as having basic urban infrastructure or a consolidated level of development, is considered urban. All other land falls into the rustic category, with subcategories based on levels of protection.

The POTA, or Plan de Ordenación del Territorio de Andalucía, is the master territorial planning document for Andalusia. It was approved in 2006 and is now undergoing a revision process to bring it in line with the LISTA and current realities.

The ongoing revision of the POTA seeks to update the plan based on changes that have occurred since its initial approval in 2006. This includes legislative changes at the regional and national level, as well as shifts in socioeconomic, environmental and territorial dynamics.

The POTCSO, or Plan de Ordenación del Territorio de la Costa del Sol Occidental, is a subregional territorial plan covering the western part of the Costa del Sol. It was originally approved in 2006 but was annulled by the Supreme Court in 2015. A new version is currently in the initial approval phase.

POTSCO covers the municipalities of Fuengirola, Mijas, Marbella, Estepona, Casares, Manilva, Ojén, Istán, and Benahavís. Its goal is to provide an integrated vision for territorial planning along this stretch of coast. The previous plan was overturned due to procedural issues, which force the authorities back to the drawing board.

One key goal is to simplify and streamline bureaucratic procedures around urban planning and development. The LISTA aims to promote greater public-private collaboration and consolidate citizen participation rights.

The revised POTA seeks to align territorial planning with the UN’s 2030 Agenda for sustainable development. It will establish guidelines to promote more balanced rural-urban development and reverse population loss in rural areas.

The revised POTA will also aim to provide a faster response to land needs for new economic activities. In doing so, it will prioritize the “regeneration” and “redensification” of already developed land. Special attention will be given to improving competitiveness and developing R&D activities.

Sustainable transport and logistics will be another big focus of the POTA. This will include an emphasis on multimodal public transport, optimizing the combination of different transport modes, and promoting pedestrian and bicycle mobility.

The new POTCSO is more focused in its goals, as suggested by the affected regions. It aims to provide an updated framework for articulating and improving the urban fabric along the coast. Its overarching goal is to strengthen the coastal towns as an interconnected urban system.

The POTCSO will seek to ensure the territorial integration of the western Costa Del Sol within the broader Andalusian urban chain that stretches all the way along the southern coast. It will reinforce the internal connections between municipalities in the area and their links to regional transport networks.

Promoting a network of public spaces integrated with urban, agricultural and natural areas is another objective. The plan will also establish criteria for new urban growth and the location of facilities and infrastructure, in line with the needs of the overall territory.

The short version of all that is that what we’re seeing emerging from these rapid fire legal changes is the emergence of an integrated approach that is fast and sustainable.

WHAT ARE THE RESULTS SO FAR?

It’s still early days, as the LISTA only came into force in late 2021. Experts note that much work remains to be done to truly speed up administrative processing times.

However, the LISTA has introduced some positive changes. It includes concepts of social, environmental and economic sustainability as guiding principles for future land development in Andalusia.

The revision of the POTA and POTCSO are still underway. But it represents an important opportunity to promote more territorially balanced and sustainable development across the region.

It’s worth noting that these changes aren’t without controversy and challenge. Holding the government accountable is a good thing, to ensure that laws benefit more than just those with the loudest voices.

A key court ruling in February 2023 overturned some controversial provisions in the LISTA that would have allowed greater development of rural land. This is seen as a victory for sustainability.

The constitutional court ruling struck down an article in the LISTA that would have permitted residential uses of rustic land. These provisions were deemed unconstitutional because they lowered environmental protection standards.

The court also annulled a provision in the LISTA that had excluded mining activities from municipal urban planning oversight. However, the vast majority of the law was untouched and accepted by the Supreme Court.

The ruling highlights the need for careful balancing of economic development and environmental protection in territorial planning. While streamlining procedures is important, it cannot come at the cost of undermining sustainability goals or legal protections for sensitive areas

Of course, there’s always a certain amount of slip between cup and lip but it is heartening to see momentum building in the area of urban and rural planning.

I know it’s not exactly sexy to talk about planning. But it profoundly affects our quality of life as residents, everything from transport infrastructure, green spaces and even air quality are shaped by these decisions.

Certainly, Andalusia and the Costa del Sol have been moving forward. But these focused moves to unblock the logjam on sustainable development will be a huge boost to the region, I believe. And they will make the great things that we already have even better.

By Adam Neale | Property News | January 1st, 2025

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