Post by account_disabled on Mar 13, 2024 0:20:18 GMT -5
The Supreme Court has admitted a challenge to analyze whether mobile homes require an urban planning license for their installation . Specifically, the appeal was presented by a campsite in Tarragona against a ruling by the Superior Court of Justice of Catalonia (TSJ) that defended the city council's denial of the installation of mobile homes (known as 'mobile homes') in the campsite. considering that it was land use and, therefore, that it was subject to prior planning permission. Now the high court must clarify the nature of this type of housing solutions and whether the camping activity license covers the installation of these houses.
The TSJ of Catalonia argued that the fact that Phone Lead mobile homes have wheels does not alter the fact that there is an occupation of land in a campsite that involves use of land that is subject to prior planning permission.
Faced with the ruling of the TSJ, the campsite alleges in its appeal that this type of mobile homes are included in the category of trailers, since they are habitable recreational vehicles that would not need a prior planning license from the town councils.
In its order , the Admission Chamber explains that the issue is of cassational interest because the solution adopted may affect a large number of situations , given the progressive use of “mobile homes” and the absence of jurisprudence on the matter.
The high court understands that it must rule on the controversial issue “given its impact on the urban planning regime of land ownership and the control of its use by the competent administration, to which is added the novelty represented by the appearance of the “mobile homes” or mobile homes.
The court indicates that, in accordance with the distribution rules, the Fifth Section of the Litigation Chamber will be competent to determine, first of all, the nature of the so-called “mobile homes” in terms of the requirement for a license. urban planning by land use.
Secondly, the Supreme Court will decide whether the camping activity license also covers the installation of mobile homes. Supreme Court pronouncement will establish doctrine on this matter.
The TSJ of Catalonia argued that the fact that Phone Lead mobile homes have wheels does not alter the fact that there is an occupation of land in a campsite that involves use of land that is subject to prior planning permission.
Faced with the ruling of the TSJ, the campsite alleges in its appeal that this type of mobile homes are included in the category of trailers, since they are habitable recreational vehicles that would not need a prior planning license from the town councils.
In its order , the Admission Chamber explains that the issue is of cassational interest because the solution adopted may affect a large number of situations , given the progressive use of “mobile homes” and the absence of jurisprudence on the matter.
The high court understands that it must rule on the controversial issue “given its impact on the urban planning regime of land ownership and the control of its use by the competent administration, to which is added the novelty represented by the appearance of the “mobile homes” or mobile homes.
The court indicates that, in accordance with the distribution rules, the Fifth Section of the Litigation Chamber will be competent to determine, first of all, the nature of the so-called “mobile homes” in terms of the requirement for a license. urban planning by land use.
Secondly, the Supreme Court will decide whether the camping activity license also covers the installation of mobile homes. Supreme Court pronouncement will establish doctrine on this matter.