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Royal Decree 1111 / 1982 Of 30 April, Amending The Composition Of The Provincial Commissions Of Urbanism Of Alicante, Castellón And Valencia.

Original Language Title: Real Decreto 1111/1982 de 30 de abril, por el que se modifica la composición de las Comisiones Provinciales de Urbanismo de Alicante, Castellón y Valencia.

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TEXT

The Royal Decree two hundred and ninety-nine/thousand nine hundred and seventy-nine, of twenty-six of January, transferred to the Council of the Valencian Country the competences of the State Administration in matters of urbanism.

Article 11 (j) 3 of the aforementioned Royal Decree states that the Council of the Valencian Country will propose to the Minister of Public Works and Urbanism the modification of the composition of the Provincial Planning Committees.

The Council of the Valencian Country has made such a proposal, in which the proper representation of the State Services is ensured, in a coordinated manner with its own organization and distribution of competences.

In its virtue, according to the Council of State, on the proposal of the Minister of Public Works and Urbanism and after deliberation of the Council of Ministers at its meeting of the day thirty of April of one thousand nine hundred and eighty two. Available:

Article first.-The Provincial Commissions of Urbanism of Alicante, Castellón and Valencia that, according to the article thirteen, two, of the Royal Decree two hundred and ninety-nine/thousand nine hundred and seventy-nine, of twenty-six of January, depend on the Council of the Valencian Country, they will have the following composition.

One.-President, the Director-General of Urbanism, without prejudice to the fact that, when the Minister of Public Works and Urbanism considers it appropriate, he will assume the Presidency, in which case the Director General of Urbanism would become Vice President

Two.-When the Minister of Public Works and Urbanism does not make use of the faculty, referred to in the preceding number, the Vice President shall be a representative of the Presidency of the Council, who shall act as President in absentia or by delegation of the President.

Three.-Vocals:

(a) A representative of the Provincial Council, who may be the President, or, where appropriate, a member of the Corporation designated by him.

b) A representative of the Ministry of Public Works and Urbanism with residence in the respective province, and two representatives, with their own residence, of some of the Ministries of Defense; Transportation, Tourism and Communications; Health and Consumer Affairs; Agriculture, Fisheries and Food; Economy and Trade; Culture; Education and Science; Finance, or Labour and Social Security, elected and cited by the President on the basis of the items on the agenda. The designation of the ministerial representatives corresponds to the respective Minister.

c) Three representatives of the Preautonomic Administration for each Commission, each appointed by the Directors who are in charge of the Departments of Interior Tourism and Health. These representatives shall have at least the category of Territorial Services Chiefs.

d) The Mayor of the City Council of the provincial capital or, by his delegation, the President of the Municipal Planning Commission and two more mayors, appointed by the Council of the Valencian Country.

e) Two Vocals for each Commission, of free designation of the Public Works and Urbanism Counsellor. among persons of accredited competence, in the sphere of the own of the cited Commission and residents in the province.

(f) In the Commission. Provincial of Urbanism of Valencia will be integrated the President of the Corporation , by its delegation, the Secretary of the Corporation.

Four.-Voice and No Vote Vocals

a) A member of the State Bar.

b) The Head of the Planning Department of the Territorial Services of the Department of Public Works and Urbanism who will act as Rapporteur.

c) The Provincial Director of Territorial Administration.

(d) An official of the Department of Public Works and Urbanism, appointed by the President, who, being Licensed in Law, shall exercise the duties of the Secretary of the Commission.

This provision is included taking into account the correction of errors published in the "Official State Gazette". 145, of the 18th of June.

Article 2.-When the order of the day of the Commission includes the consideration of the final decision of a file concerning the General Plan of Ordination, Complementary and Subsidiary Rules or Delimitation of the Soil Urban of a municipal term, the corresponding Mayor, who can be assisted by a maximum of two persons for the designated one, will be summoned to the plenary of the Commission. The Mayors, called by this Standard, will only have a voice for the topic for which they have been called.

Article 3.-One. In addition to the ministerial representatives referred to in Article 1, three, (b), the President may request the assistance of representatives of the Ministries concerned in the matter concerned. In the same cases, the representatives may also request the Commission to attend. In these cases, they will be members with a voice but without a vote.

Two the President alone, or the Commission by an absolute majority, and on the proposal of any of its members, may request from the provincial and local authorities the presence of the technical officials who are dependent on them. the best advice from the Commission. In the same way you will be able to request the presence of representatives of Corporations, Entities and Associations. They will all have a say and no vote.

Article 4.-One. For the examination and preparation of the relevant motion for a resolution, the dossiers which, according to the procedures of the Soil Law, are to be submitted to the Commission, shall be a Technical Paper. This Technical Ponance shall also issue the reports requested by the Commission on other matters relating to matters falling within its competence.

Two the report of the Ponencia will be previewed and precept, except as a cause of urgency appreciated by the Commission by an absolute majority, on the proposal of one of its members.

Article 5.-One. The Technical Ponance will be chaired by the Head of the Planning Department of the Territorial Services of the Department of Public Works and Urbanism.

Two. An official of the Department of Public Works and Urbanism, appointed by the President of the Commission

shall act as Secretary of the Technical

Three Technical Ponance will be integrated by the representatives of the following Bodies:

-Corporation in this Provincial Commission.

-Technical of the Diputación.

-Technical of the City Hall of the provincial capital.

-Technician of each of the Councils of:

Culture.

Tourism.

Healthcare.

Transport and Social Welfare.

Industry and Agriculture.

-ICONA technician, which will be automatically replaced by its equivalent in the Council when those powers are transferred.

-Representatives of each of the Ministries of Public Works and Urbanism, Transport, Tourism and Communications; Health and Consumer Affairs-Culture and Defense, which will have the status of public officials

-Representatives of the Professional Colleges of:

Architects.

Engineers of Roads, Channels and Ports.

Industrial Engineers.

Economists.

Lawyers.

Secretaries, Intervents and Depositories of Local Administration.

-Members freely appointed by the Directorate General of Urbanism among persons of accredited competence, residents in the respective province.

Four. All representatives of the Technical Ponance shall be in possession of a higher university degree, in accordance with the legislation in force.

Five. Without prejudice to the referral of the agenda of the Ponence to all the representatives mentioned in the previous paragraph, the President of the Technical Ponance shall summon those who, by reason of the matter, have competence or interest in the issues to be dealt with in the appropriate session

Six. The Commission, acting by a simple majority on a proposal from any of its members, may appoint other members for technical work. This incorporation may in each case be limited both in terms of the time or period of designation and depending on the subjects to be dealt with, and may therefore be as generic or as specific as determined. These designations may be withdrawn by the same channel followed for their nomination.

Seven, The Technical Ponance will be assisted in its work by the Territorial Services of the Department, which will be able to issue their indicative reports beforehand.

Eight. The Commission may request, for better knowledge of the matters submitted to it, the intervention in its meetings of the Technical Ponance or any of its members, for which, at the request of the Commission, of any of its Vocals or of its own rapporteur, the members of the Ponencia may be given a voice.

Nine. Any member of the Technical Ponance who disagrees with his motion for a resolution may ask the President of the Commission to speak to it, in order to defend his opinion against it.

Article 6.-The operation, calls, meetings and arrangements for the adoption of agreements by the Provincial Planning Committees shall be governed by the provisions of the Law of Administrative Procedure for the Organs of the Colegidos. The report of the Commissions shall be issued within one month.

Article 7.-Against the agreements of the Provincial Commissions of Urbanism or its President, it is possible to appeal to the Council of the Valencian Country.

TRANSIENT DISPOSITION

One. The new Provincial Planning Commissions will be constituted within the maximum period of thirty days from the entry into force of this Royal Decree.

Two. The files that on the date of the constitution are pending before the Provincial Commissions of Urbanism will be assumed by the new Commissions, in the state in which they are

FINAL PROVISIONS

First.-This Royal Decree shall enter into force on the day following its publication in the Official Journal of the State.

Second.-The Council of the Valencian Country is authorized to dictate, on the proposal of the Counsellor of Public Works and Urbanism, the organic provisions necessary for the execution, development and fulfillment of this Royal Decree.

Third,-It is expressly repealed in the field of the provinces of Alicante, Castellón and Valencia the Royal Decree two thousand six hundred and eighty two/thousand nine hundred and seventy-eight, of one of September, and how many dispositions object to the provisions of this Royal Decree.

Given in Madrid to thirty of April thousand nine hundred and eighty two.-JUAN CARLOS R.-The Minister of Public Works and Urbanism, Luis Ortiz González.