Projects of regional interest
Law 1/2021, of 8 January, on land planning in Galicia.
Projects of regional interest are designed as instruments of direct intervention in the land planning of the Autonomous Region, whose purpose is to plan and project the execution of those actions that transcend the municipal scope due to their territorial, economic, social or cultural impact, their magnitude or their unique characteristics that confer on them a qualified supra-municipal interest, which are not foreseen or included in urban planning.
May be promoted and developed on a public or personal basis, and may be aimed, among other activities, at the creation of land for the development of economic activities, defined as primary, industrial or tertiary activities intended for the production, distribution or marketing of goods and services, including the complementary urban planning required.
These are the different types of projects based on their purpose:
- Planned projects of regional interest, which aim to plan and project the execution of actions foreseen in a sectoral plan in force.
- Unplanned projects of regional interest, which aim to plan and project the execution of actions not foreseen in any sectoral plan. In this case, the project must be in line with the content of the land planning instruments with which it concurs, both in terms of its territorial scope and its content.
In any case, the projects must guarantee the adequate implementation in the territory of the actions that constitute their purpose, their connection with the relevant networks and services by means of the execution of as many works as may be required, their adaptation to the surroundings in which they are located and their compliance with the provisions of the urban and land planning in force.
In the case of projects developed on a personal basis that involve the urban transformation of the land, the promoter must accredit the acceptance by the owners representing more than 50 % of the total surface area of the project’s scope of action.
In the case of projects of regional interest necessary for the implementation of economic activities, the promoter must consider the following:
- For planned projects of regional interest, the approval procedure may be initiated automatically or at the request of the persons or entities promoting the project, which must be accompanied by the project drawn up by competent technicians and addressed to the Regional Ministry of Economy, Industry and Innovation.
- For unplanned projects of regional interest, as a prerequisite for the initiation of the approval procedure, the agreement of the Council of the Xunta approving the declaration of regional interest of the action that constitutes their purpose will be necessary.
In these cases, the persons or entities promoting the action may apply to the Regional Ministry of Economy, Industry and Innovation for the declaration of regional interest by submitting a proposal for action stating at least the following:
- Description of the type of action to be carried out.
- Justified location and planning of the proposed action.
- Characteristics on which the regional interest is based, justifying:
1. That the actions foreseen transcend the municipal scope due to their territorial, economic, social or cultural impact, their magnitude or their unique characteristics that confer on them a qualified supra-municipal interest, without their location on land in several municipalities being sufficient justification.
2. That the actions foreseen have a structuring effect on the territory by boosting demographics, or that they help to develop, implement or execute sectoral policies provided for in sectoral laws, or that the declaration of regional interest is necessary to guarantee the appropriate implementation in the territory of the actions that constitute their purpose, their connection with the corresponding networks and services without detriment to the functionality of those existing or their adaptation to the surroundings in which they are located.
- Where applicable, the incompatibility of the action with the urban planning in force and the impossibility of developing the action under its scope due to lack of foresight or incompatibility with its determinations.
- Justification of its adequacy to the land planning regulations and other land planning instruments in force in the area in which the project is to be developed.
- Economic means that guarantee the viability of the project.
- Environmental considerations to be taken into account
Under no circumstances will the declaration of regional interest condition the resolution that concludes the project approval procedure, which will be processed in accordance with the provisions of Law 1/2021, of 8 January, on land planning in Galicia.