Royal Decree 3412/1981, Of 29 December, On The Transfer Of Competencies And Services Of The Government To The General Council Of Castilla Y Leon In Urban Planning.

Original Language Title: Real Decreto 3412/1981, de 29 de diciembre, sobre transferencias de competencias y servicios de la Administración del Estado al Consejo General de Castilla y León en materia de urbanismo.

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Royal Decree-Law 20/mil twentieth century seventy-eight, on 13 June, which was established for Castile and León autonomic regime foresaw the transfer of functions and services of the Government to their respective governing bodies.


On the other hand, the Royal Decree two thousand nine hundred and seventy/one thousand nine hundred and eighty, on 12 December, regulates the transfer of services from the Government to the pre-autonomous bodies, and Royal Decrees two thousand nine hundred sixty and eight/thousand nine hundred eighty doce December, and two thousand three hundred and fifty and one/thousand nine hundred eighty-one, 18 September they modified the functioning and composition of the mixed commissions for transfers to the pre-autonomous bodies.


In accordance with the provisions of Royal Decree two thousand nine hundred sixty eight/thousand nine hundred eighty, on 12 December, the Joint Commission of transfers of public works and urbanism, created by ministerial order of 25 of March of the year one thousand nine hundred and eighty-one, after considering the convenience of homogenizing processes of transfer pre-autonomous bodies in urban planning adopted at its meeting in the day three of December one thousand nine hundred eighty and one timely agreement, which the Government approved under this Royal Decree.


By virtue, making use of the authorisation contained in the sixth article, c), of the aforementioned Royal Decree-Law 20/thousand nine hundred seventy-eight, upon acceptance of the General Council of Castilla y León, on the proposal of the Ministry of public works and town planning and Territorial Administration, and prior deliberation of the Council of Ministers at its meeting of the day twenty-ninth day of December one thousand nine hundred eighty and one , I have: article 1.-Approves the proposal for a transfer of powers functions and services of the Government to the General Council of Castilla y Leon on urban planning, elaborated by the corresponding Joint Commission of transfers, as well as the transfer of economic, budgetary and personal media to exercise those.


Second article.-one. As a result, are transferred to the autonomic body General Council of Castilla y León the powers referred to in the agreement, which is included as annex I of the present Royal Decree and transferred to the same services and institutions and assets, rights and obligations, as well as staff and budget appropriations, appearing in numbers one to three relations attached to the agreement itself of the Joint Committee indicated in the terms and conditions that are specified there.


Two. In annex II of the present Royal Decree refers to the legal provisions affected by this transfer.


Third.-these transfers will be effective from the date specified in the agreement on the Joint Commission of transfers.


FINAL provisions first.-one. When exercised some of the powers transferred to the Council by this Royal Decree is perceptive the opinion of the Council of State, the same request will be necessarily agreed by the aforementioned Council, requesting it through the Ministry of public works and urban planning who will require the Council of State for its issuance.


Same procedure shall be followed when the Council agreed voluntarily to the Council of State on any record.


Two. Except in the cases provided for in the present Royal Decree, other reports requiring legislation of other bodies, other than the Council of State, they will remain with the character that have established, but its issuance will correspond to the equivalent bodies, that they exist or are created within the General Council of Castilla y León.


Second.-one. Without prejudice to the application of the regulatory laws of matter, object of transfer by this Royal Decree, the legal acts of the Council be accommodated to provisions of the Act thirty-two/mil 1900s eighty-one, on 10 July, on the legal regime of the State administration law and in the administrative procedure.


Two, against decisions and acts of the mentioned Council will fit the appeal, before the contentious-administrative, except by another statutory provision required the filing of appeal, which shall be dealt with by the Council itself. The status of these resources will be provided for in the laws of administrative proceedings and contentious-administrative jurisdiction.


Third.-the delivery of documentation and transferred intelligence dossiers and instruction and resolution of which are pending, as well as resources that will stand against acts of the administration of the State, will be made in accordance with provisions in the second of the Royal Decree article two thousand nine hundred and seventy/one thousand nine hundred and eighty , 12 December.


Fourth.-the exercise of the powers transferred to the Council of this Royal Decree can be delegated, if, by this to the understood in its territorial area councils, which must comply, in the exercise of these powers the guidelines and provisions contained in the rules of delegation.


Agreements delegation, which shall be published in the and in the Council, will be effective starting from the day following its publication at that.


Fifth.-the Council will organize services precise and be distributed among the relevant bodies competences transferred by the present Royal Decree, publishing relevant agreements on the and the of the same Council.


Sixth.-the Ministry of public works and urbanism and the General Council of Castilla y León will collaborate, to the extent necessary, for best performance of the transferred services.


Seventh.-by order of the Presidency of the Government, on the proposal of the Ministry of public works and urbanism and the of Territorial Administration, in any case, it will dictate the precise arrangements for the development and execution of the present Royal Decree.


Eighth.-this Royal Decree shall enter into force the day of its publication in the.


Given in Baqueira Beret to the twenty-ninth day of December of the year one thousand nine hundred and eighty and one.-JUAN CARLOS r.-El Ministro de la Presidencia, Matías Rodríguez Inciarte.


Annex I Don G. P. d., Secretary of the Mixed Commission of transfers of public works and urbanism, certifies: that at the plenary session of the Committee, held on December 3, 1981, adopted agreement, approving proposed transfer to the autonomic body General Council of Castilla and León de competences, functions and services in urban planning (, in terms which are reproduced below: A) designation of the powers, functions, and services being transferred.


1 powers and functions.


I moved to the General Council of Castilla y León all powers conferred on the Government by law legal regime of land and urban planning, revised text approved by Royal Decree 1346 / 1976, April 9, and therefor Reglamentary and concordant, in affecting the respective territorial scope of the Council in the terms specified in the annex to legal provisions affected (with the following peculiarities and exceptions: to) the drafting and adoption of the National Plan of management will continue to regulate in accordance with the provisions in force.


(b) plans territorial Directors of coordination in Castilla-Leon will be formulated by bodies or entities to be determined by the Council, which will indicate in addition its territorial scope and term in which to be drawn up, without prejudice to the Council of Ministers designate bodies or entities which have to intervene in their production.


Once formulated the master plans, these will be submitted by bodies or entities that had drawn them up to the process of public information and report of local corporations, into whose territory specifically, for their subsequent referral to the Ministry of public works and urbanism, to the effects that are collected the reports of the ministerial departments, in the terms and with the effects provided for in paragraph one of article 39 of the law of the soil; the Ministry of public works and urbanism will send them back to the Council together with the issued reports.


Approved by the Council, to send to the Ministry of public works and urban development, for the purposes specified in paragraph two of article of the law of the land.


(c) the Board shall definitely adopt general plans and special ones, which do not develop general planning, urban action programmes and complementary standards and subsidiaries of planning, involving capital of province, populations of more than 50,000 inhabitants and affecting several municipalities. However, until the corresponding Territorial Master Plan is not approved, will be required the prior report of the Central Commission of urbanism in general plans of provincial capitals and municipalities of more than fifty thousand inhabitants, both if it's new plans, as of its modifications, adaptations or revisions, which will be requested through the head of the Department of public works and urbanism.



(d) the right to suspend the validity of the plans, referred to in article 51.1 of the land law, means attributed to the Council on its territory, that the Council of Ministers, on a proposal from the Minister of public works and urban development, and the Council's previous report, may also agree that suspension for reasons of supraregional interest, insofar as there is no approved Plan Director Territorial coordination.


(e) the agreement authorizing the formulation and implementation of programmes of urban action, that referred to in no. 2 of article 149 of the land law, it shall adopt by the Council of Ministers as provided in this provision, if come motivated reasons narrowly, supra depending on responsibilities not transferred to the Council, even if they affect to its territory.


In other cases the agreement shall correspond to the General Council of Castilla y León.


(f) in the cases referred to in the numbers two and three of article 180 of the land law, relating to works, which are carried out in territory of Castilla y León, the report of the Council, prior to the elevation of the dossier by the Minister of public works and urbanism to the Council of Ministers for final resolution will be mandatory.


g) will be fulfilled in their own terms the provisions of the revised text of the land law, on adaptation to such general plans of law in force, but are transferred to the Council the powers of the administration of the State, listed in it.


Excepted transfers the powers referred to in the paragraph of the fourth transitional provision, which shall be exercised prior agreement by the Council.


(h) when the Government, in use of the powers conferred by the law of the soil, take development decisions, which affect the exercise of the powers transferred to the Council, you can request this prior reports deemed accurate.


(i) the Council, accommodating in the fourth final provision of the land law, shall propose to the Minister of public works and urbanism the modification of the composition of the provincial commissions of urbanism, which depend on, ensuring adequate representation of the State.


Until not approve new cessation of the provincial committees of town planning, these will retain its current organizational structure, with the modifications resulting from the present Royal Decree.


II. all plans, programmes, complementary policies and subsidize them planning, town planning regulations, ordinances and urban land delimitations and catalogs, you will be sent, once be definitively approved by the Council, a copy to the Minister of public works and urbanism, as well as the same copy of any revision or modification, which occurs in such documents, even if it is by way of appeal.


Data transfer for statistical purposes will be that in your case, be normalized at the State level.


III. one. A representative of the General Council of Castilla y Leon will be part of the Central Commission of urbanism.


Two. The provincial planning commissions will be dependent on the Council.


3. A representative of the Ministry of public works and urbanism of the superior body that, with consultative status in the field of planning and urban development, is setting, where appropriate, in the Council will include.


2. Services and institutions that are transferred.


The urban planning services of the delegations of the Ministry of public works and town planning corresponding to the provinces in the General Council of Castilla y León.


(B) goods, rights and obligations of the State which are transferred.


They are transferred to the entity the assets, rights and obligations of the State that are included in the attached list number 1 * on the terms and subject to the formalities laid down in law 32/1981, dated July 10, and article 1. Royal Decree 2970 / 1980 of 12 December.


(C) personnel attached to services and institutions that are transferred.


The staff assigned to services and institutions transferred and is reference regarding the attached number 2 *, will be dependent on the autonomic entity, legally provided by the applicable regulations in each case.


By the Undersecretary of the Ministry of public works and urbanism and other competent bodies concerning staff, transfer shall be notified to stakeholders. In addition, a summary of all this trasferido personnel records shall be sent to the competent bodies of the Council.


(D) jobs vacancies which are transferred.


Vacant jobs that are transferred are which are detailed in the relationship item 2.2 *.


(E) budgetary provisions pertaining to the transferred services.


The budgetary provisions pertaining to the services transferred to the exercise of functions and powers, which are transferred, are those included in the relationship number 3 *.


Through the mystery of finance for effective transfer precise measures shall be taken to the General Council of Castilla y Leon in appropriate amounts, in accordance with the provisions of the General budget law, law of the General State budget and other supplementary provisions.


(F) effective date of transfer.


Transfers of powers and functions and the transfer of the media object of this agreement, will be effective from January 1, 1982.


And for the record, I hereby present certification in Madrid December 3, 1981.-the Secretary of the Joint Committee of public works and urbanism, G. P. D. transfer


* In accordance with the nature of this repertoire, omitted the incidence of this relationship.


Annex II paragraph of the agreement * affected legal provisions * A.1 * to) articles of the law on regime of the soil and urban planning. * Article 25. The powers of the Ministry of public works and urbanism are transferred to the General Council of Castilla y León. * Article 28.2. The competences of the Ministry of public works and urbanism become the aforementioned Council. * Article 30.1. The powers of the Minister of public works and urbanism passed to the General Council of Castilla y León, except the proposal to the Council of Ministers of bodies or entities that intervene in the development of the directors territorial coordination plans, together with bodies or entities that had them develop, according to agreement of the General Council, which must be subjected to the ratification of the Council of Ministers except that the formation of these plans was taken by the General Council. * Article 32.1. The powers of the Minister of public works and urbanism passed to the Council. * Article 33.1. The powers of the Minister of public works and urbanism and the General direction of urbanism and Territorial action passed to the Council. (* Article 35.1, b) settles down the approval of the General Council of Castilla y León as a prerequisite to the adoption by the Council of Ministers of the plans directors territorial of Castilla y León. (* 1, c) powers of the Minister of public works and urbanism passed to the General Council, demanding only preliminary report of the Central Commission of urbanism, when in the case of final approval of general plans capital of province and municipalities of more than fifty thousand inhabitants, and this until approval of the Plan Director Territorial coordination. (* 1, d) the powers of the provincial commissions of urbanism passed to the Council. (* 2, b) powers of the Minister of public works and urbanism passed to the Council. * Article 36.1 and 2. The powers of the Minister are indicated Council. * Article 37. The powers of the Minister are indicated Council. * Article 39. Without prejudice to the provisions of article 2., b), of the Royal Decree, which approves this annex, with respect to the process of public information and report of local corporations, the powers of the Minister passed to the Council, except for the collect reports of government ministries not involved in its preparation and to those who might be interested by reason of their competence. (* Article 40.1, b) powers of the Minister of public works and urbanism passed to the General Council of Castilla y León, with the existence of preliminary report of the Central Commission of urbanism, through the Ministry of public works, where there is no approved Plan Director Territorial coordination. Any Master Plan, the report will be issued by the corresponding top advisory body of the Council. * Article 43.3. The powers of the Minister passed the Council. * Article 44. Equal formal requirement for acts of the Council, with addition in the corresponding publication. * Article 47.2. The powers of the Minister passed the Council. * Article 50. The powers of the Minister and the Council of Ministers passed to the General Council of Castilla y León. * Article 51.1. The General Council of Castilla y León has the same powers as the Council of Ministers. This will exercise them in the event that the corresponding Plan Director Territorial coordination or for reasons of supraregional interest, demanding in any case the Council's report is not approved. * The complementary and subsidiary rules referred to in this article may be issued where appropriate by the Council. *



* Article 70.1. The powers of the Minister passed to the General Council of Castilla y León, except those related to standards of supraregional character. * Article 70.3. The powers of the Council of Ministers passed to the General Council of Castilla y León, and the report of the Central Commission of urbanism is replaced by the corresponding body of the Council. * Article 91.2. The competencies of the ministries of public works and urbanism and Territorial Administration passed to the Council. * Article 114.1. The General Council of Castilla y León among implementing entities of urban plans are included. * Article 115. It includes the General Council of Castilla y León among the entities that can form corporations or companies of mixed economy for the implementation of management plans. * Article 121. The powers of the Council of Ministers and the Minister of public works and urbanism passed to the General Council of Castilla and Leon, the requirement of the prior opinion of the Council of State is maintained for your exercise. * Article 149.2. The powers of the Council of Ministers passed to the General Council of Castilla y León. Excluded cases motivated by reasons narrowly supra-regional reasons and not transferred competencies. * Articles 155.2 and 3; 164; 169.3 and 170. The powers of the Minister of public works and urbanism passed to the Council. * Articles 180.2 (paragraph 2.) and 3 (paragraph 1.). The powers of the Minister of public works and urban development shall be exercised following a report of the Council. * Articles 184, 186 and 187. Competences of the civil Governor passed to the General Council of Castilla y León. * Articles 188.3 and 191.2. The powers of the Minister of public works and urbanism passed to the Council. * Articles 206 and 207. The General Council of Castilla y León is also included among executives and managers bodies of urban activity in the form referred to in the present Royal Decree. * Articles 210 and 211. The powers of the Central Commission of urbanism passed to the General Council of Castilla y León, must be part a representative of the Ministry of public works and Urbanism in the top advisory body that in terms of planning and urbanism frame on it. * Articles 213.1. (a) the powers of the civil Governor passed to the Council. (* b) provincial planning commissions depend on the Council. (* Article 215.3, 4 and 5, to) the competences of the Council of Ministers passed to the General Council of Castilla y León. (* b) powers of the Minister of Territorial Administration pass Council. (* c) powers of the Minister of public works and urbanism passed to the Council. * Article 216.2. The powers of the Minister of public works and urbanism, passed to the Council. * Article 217.2. The powers of the Minister of Territorial Administration passed to the Council. * Article 218. The powers of the Minister of Territorial Administration and the Minister of public works and urbanism passed to the Council. (* Article 228.6, b) competences of civil Governor passed to the Council. (* c) powers of the Minister of public works and urbanism passed to the Council, following a report of the top advisory body that fall within the Council. (* d) the powers of the Council of Ministers passed to the General Council of Castilla y León, following a report of the top advisory body that fall within this Council. * Article 233. The powers of the Minister of public works and urbanism passed to the Council. * Article 234. The provisions of this article shall apply to the acts and agreements of the Council. * Article 237.2. The provisions of this article shall apply to the acts of the Council. (* B) Regulations of the land law and concordant provisions. *


* 1. Regulation of forced construction, approved by Decree 635/1964, March 5. (* Article 8.1, C) powers of the Minister and the Council of Ministers passed to the General Council of Castilla y León. * Articles 8.3 and 23.1. Ministerial powers passed to the Council. *


* 2. Decree 1744 / 1966, of June 30, about benefits of the urban contribution. * Articles 8 and 10. They go to the General Council of Castilla y León powers conferred by these precepts to the Ministry of public works and urbanism, opening statement, issuance of certificates, and extension of the period of benefits. *


* 3. Royal Decree 1374 / 1977 of June 2, about speeding up in the form and implementation of urban development plans. * As long as it is not modified by the subsequent legislation, go to the General Council of Castilla y León the competencies of the Ministry of public works and urbanism and the General direction of urbanism and Territorial action. (* C) law 197/1963, of 28 December, on centres and areas of national tourist interest. * Items 8.1., 13.1, 15.1 and 37.1. The powers of the Minister of public works and urbanism passed to the Council. (* Must be taken into account, in addition, the correlative and concordant precepts of the following provisions: * to) Royal Decree 2159 / 1978, of 23 June, which approves the regulation of planning. (* b) Royal Decree 2187 / 1978, of 23 June, which approves the regulation of urban development discipline, and the Royal Decree 2472 / 1978, October 14, which suspends the validity of certain articles. * Royal Decree 3288/1978, 25 August, which approves the regulation of urban management. *

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