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Royal Decree 1267/1980, Of 6 June On Restructuring And Operation Of The Provincial Planning Commission And The Balearic Islands.

Original Language Title: Real Decreto 1267/1980, de 6 de junio sobre reestructuraciĆ³n y funcionamiento de la ComisiĆ³n Provincial de Urbanismo y Baleares.

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THE REAL DECREE TWO THOUSAND TWO HUNDRED AND FORTY-FIVE HUNDRED AND SEVENTY-NINE, OF SEVEN SEPTEMBER, TRANSFERRED TO THE INTER-ISLAND GENERAL COUNCIL OF THE BALEARICS, FROM THE DAY ONE OF JANUARY OF A THOUSAND NINE HUNDRED AND EIGHTY, POWERS IN THE AREA OF URBANISM.

ARTICLE 4 (J) OF THE AFOREMENTIONED ROYAL DECREE EMPOWERS THE INTER-ISLAND GENERAL COUNCIL OF THE BALEARIC ISLANDS TO PROPOSE TO THE MINISTER FOR PUBLIC WORKS AND TOWN PLANNING THE NECESSARY CHANGES IN THE COMPOSITION OF THE COMMISSION PROVINCIAL TOWN PLANNING, ENSURING ADEQUATE REPRESENTATION OF THE STATE ' S SERVICES.

THE GENERAL COUNCIL OF THE BALEARIC ISLANDS HAS MADE SUCH A PROPOSAL BY MODIFYING THE COMPOSITION OF THE PROVINCIAL COMMISSION OF URBAN PLANNING IN THE BALEARIC ISLANDS, STRUCTURING IT IN FULL AND SECTIONS TO ADAPT THE BODY TO THE URBAN NEEDS ARISING FROM THE ISLAND DIVISION OF THE PROVINCE, TAKING INTO ACCOUNT, ON THE OTHER HAND, THE NEED FOR COORDINATION OF THE VARIOUS AGENCIES OF THE STATE ADMINISTRATION.

IN ITS VIRTUE, IN ACCORDANCE WITH THE OPINION OF 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 SIX OF JUNE OF A THOUSAND NINE HUNDRED AND EIGHTY, DISPONGO:

ARTICLE FIRST.-THE PROVINCIAL COMMISSION OF URBAN PLANNING IN THE BALEARIC ISLANDS, PURSUANT TO THE PROVISIONS OF THE ROYAL DECREE TWO THOUSAND AND FORTY-FIVE HUNDRED AND SEVENTY-NINE, OF SEVEN SEPTEMBER, DEPENDS ON THE INTER-ISLAND GENERAL COUNCIL FROM THE BALEARIC ISLANDS.

ARTICLE SECOND. THE PROVINCIAL COMMISSION OF URBAN PLANNING IN THE BALEARIC ISLANDS WILL OPERATE IN FULL AND IN ISLAND SECTIONS.

FIRST. -COMPOSE THE PLENUM:

ONE. THE PRESIDENT, AN ADVISER TO THE INTER-ISLAND GENERAL COUNCIL, APPOINTED BY THE EXECUTIVE COUNCIL.

TWO. A VICE-PRESIDENT FIRST APPOINTED BY THE EXECUTIVE BOARD OF THE MEMBERS OF THE INTER-ISLAND GENERAL COUNCIL, ACTING AS PRESIDENT IN THE ABSENCE OF THE HOLDER OR BY DELEGATION OF THE HOLDER.

THREE. THREE VICE-PRESIDENTS, ONE FOR EACH ISLAND AREA, DESIGNATED BY THE EXECUTIVE COUNCIL OF THE INTER-ISLAND GENERAL COUNCIL OF THE LATTER ' S MEMBERS ON A PROPOSAL FROM THE RELEVANT ISLAND COUNCIL.

FOUR. THE DIRECTOR-GENERAL OF THE CONCIERGE OF THE INTER-ISLAND GENERAL COUNCIL, WHOSE POSITION IS ASSIGNED TO THE URBAN AREAS.

FIVE. VOCALS:

A) A REPRESENTATIVE OF EACH OF THE MINISTRIES OF PUBLIC WORKS AND TOWN PLANNING AND DEFENSE.

B) TWO REPRESENTATIVES OF THE MINISTRIES OF FINANCE, EDUCATION, AGRICULTURE, COMMERCE AND TOURISM, TRANSPORT AND COMMUNICATIONS, HEALTH AND SOCIAL SECURITY OR CULTURE, ISSUED BY THE PRESIDENT ON THE BASIS OF THE MATTERS COVERED BY THE ORDER OF THE DAY.

C) THE MAYOR OF PALMA DE MALLORCA.

D) THREE MAYORS APPOINTED BY THE PLENARY OF THE INTER-ISLAND GENERAL COUNCIL, ON A PROPOSAL FROM THE CORRESPONDING ISLAND COUNCIL, DISTRIBUTED AS FOLLOWS: ONE FROM MALLORCA, ONE FROM MENORCA AND ONE FROM IBIZA-FORMENTERA.

E) THREE ISLAND MEMBERS, ONE FOR EACH ISLAND.

F) THREE MEMBERS OF FREE DESIGNATION, ONE FOR EACH ISLAND AREA, APPOINTED BY THE EXECUTIVE BOARD OF THE INTER-ISLAND GENERAL COUNCIL, AMONG PERSONS OF RECOGNISED COMPETENCE IN ANY OF THE MATTERS OF THE COMMISSION.

SEIS. THEY WILL ACT WITH VOICE AND NO VOTE:

A) A LAWYER FOR THE STATE, WHO WILL BE THE LEGAL ADVISER TO THE COMMISSION.

B) THE SECRETARY, APPOINTED BY THE CHAIRMAN OF THE COMMISSION FROM AMONG THE OFFICIALS ATTACHED TO THE INTER-ISLAND GENERAL COUNCIL WHO ARE IN POSSESSION OF THE DEGREE OF LAW.

(C) THE DIRECTOR OF THE TECHNICAL PAPER, APPOINTED BY THE CHAIRMAN OF THE COMMISSION FROM AMONG THE OFFICIALS OF THE INTER-ISLAND GENERAL COUNCIL WITH A COMPETENT TITLE, SHALL ACT AS RAPPORTEUR.

SIETE. IN THE CASE OF HAVING A GENERAL PLAN SUBMITTED TO THE COMMISSION A GENERAL PLAN, COMPLEMENTARY RULES AND SUBSIDIARIES OF PLANNING OR DELIMITATION OF URBAN LAND OF A MUNICIPAL TERM WILL BE CALLED THE MAYOR OF THE AFFECTED MUNICIPALITY, WHO WILL BE ABLE COME ASSISTED BY ANY PERSON HE DESIGNATES. THE MAYORS CALLED WILL ONLY HAVE A VOICE AND DO NOT VOTE FOR THE ISSUE THAT AFFECTS THEIR COMPETENCE, MOTIVATING THE CALL.

SECOND. -THREE ISLAND SECTIONS OF THE PROVINCIAL COMMISSION OF URBANISM ARE CREATED: ISLAND SECTION OF MALLORCA, ISLAND SECTION OF MENORCA AND ISLAND SECTION OF IBIZA-FORMENTERA. EACH OF THEM SHALL BE COMPOSED OF:

ONE. THE PRESIDENT, WHICH WILL BE THE PRESIDENT.

TWO. A VICE-PRESIDENT, WHO SHALL BE THE CORRESPONDING DEPUTY TO THE PLENARY SESSION, APPOINTED BY THE EXECUTIVE BOARD FOR EACH ISLAND AREA AND SHALL REPLACE THE PRESIDENT IN THE EVENT OF ABSENCE OR HIS DELEGATION.

THREE. THE DIRECTOR-GENERAL OF THE TERRITORY ' S MANAGEMENT DEPARTMENT, WHOSE POSITION IS ASSIGNED TO THE TOWN-PLANNING AUTHORITY.

FOUR. VOCALS:

(A) THE ISLAND COUNCILLOR WHO IS PART OF THE PLENARY.

B) THE MAYORS OF THE MUNICIPALITIES OF THE CORRESPONDING ISLAND AREA THAT ARE PART OF THE PLENARY.

C) A REPRESENTATIVE OF EACH OF THE MINISTRIES OF PUBLIC WORKS AND TOWN PLANNING AND DEFENSE.

D) TWO REPRESENTATIVES OF THE MINISTRIES OF FINANCE, EDUCATION, AGRICULTURE, INDUSTRY AND ENERGY, TRADE AND TOURISM, TRANSPORT AND COMMUNICATIONS, HEALTH AND SOCIAL SECURITY OR CULTURE, AS DETERMINED BY THE PRESIDENT ON THE BASIS OF MATTERS INCLUDED ON THE AGENDA.

E) THE VOCAL OF FREE DESIGNATION THAT FORMS PART OF THE PLENUM, BY THE SCOPE OF THE ISLAND SECTION.

FIVE. WITH VOICE AND NO VOTE:

A) THE STATE ATTORNEY WHO IS PART OF THE PLENUM.

B) THE SECRETARY, WHO WILL BE THE SAME AS THE PLENARY.

C) THE DIRECTOR OF THE TECHNICAL PAPER, WHICH WILL BE THE SAME AS THE PLENARY SESSION.

(D) THE DEPUTY DIRECTOR OF THE TECHNICAL PAPER, WHO SHALL REPLACE THE DIRECTOR IN THE EVENT OF ABSENCE OR DELEGATION, APPOINTED BY THE OFFICIALS OF THE RESPECTIVE ISLAND COUNCILS WITH A COMPETENT DEGREE BY THE PRESIDENT OF THE COMMISSION, ON PROPOSAL FROM THOSE COUNCILS.

SEIS. IN THE CASE OF HAVING A GENERAL PLAN, COMPLEMENTARY RULES AND SUBSIDIARIES OF PLANNING OR DELIMITATION OF URBAN LAND OF A MUNICIPAL TEMINO, THE MAYOR OF THE MUNICIPALITY AFFECTED WILL BE CALLED, WHO WILL BE ABLE COME ASSISTED BY ANY PERSON HE DESIGNATES. THE MAYORS SO CALLED WILL ONLY HAVE A VOICE AND DO NOT VOTE FOR THE ISSUE AFFECTING THEIR COMPETITION, MOTIVATING THE CALL.

ARTICLE THIRD. -ONE. FOR THE PURPOSES OF DRAWING UP THE RELEVANT PROPOSALS FOR THE RESOLUTION OF THE DOSSIERS TO BE SUBMITTED TO THE PLENARY OF THE COMMISSION OR TO THE ISLAND SECTIONS THEREOF, TECHNICAL PRESENTATIONS SHALL BE PROVIDED.

TWO. THE REPORT OF THE PRESENTATION SHALL BE PRELIMINARY AND MANDATORY, EXCEPT IN CASES OF URGENCY APPRECIATED BY THE FULL OR ISLAND SECTIONS OF THE COMMISSION, WITH A FAVOURABLE VOTE OF TWO THIRDS OF THE NUMBER OF THE MEMBERS PRESENT AND, IN ANY CASE, OF THE LEGAL ABSOLUTE MAJORITY.

ARTICLE FOURTH. -ONE. THE TECHNICAL PRESENTATION OF THE PLENARY SESSION OF THE PROVINCIAL URBAN PLANNING COMMISSION SHALL CONSIST OF:

A) THE PRESIDENT, WHO WILL BE THE DIRECTOR GENERAL OF THE COUNCIL, WHOSE POSITION IS ATTRIBUTED THE URBAN COMPETENCES, WITHIN THE INTER-ISLAND GENERAL COUNCIL.

B) THE DIRECTOR OF THE TECHNICAL PAPER, WHO SHALL COORDINATE THE PROCEEDINGS OF THE PLENARY SESSION AND REPLACE THE PRESIDENT IN THE EVENT OF ABSENCE OR DELEGATION.

C) THE THREE DEPUTY DIRECTORS OF THE TECHNICAL PAPERS OF EACH OF THE ISLAND SECTIONS.

(D) TWO TECHNICIANS OF THE INTER-ISLAND GENERAL COUNCIL, APPOINTED BY THE CHAIRMAN OF THE COMMISSION.

E) A REPRESENTATIVE OF EACH OF THE MINISTRIES OF DEFENSE, FINANCE, PUBLIC WORKS AND URBANISM, AGRICULTURE, INDUSTRY AND ENERGY, TRANSPORTATION AND COMMUNICATIONS AND CULTURE.

F) SIX MEMBERS, APPOINTED BY THE PRESIDENT OF THE COMMISSION, AMONG PERSONS OF ACCREDITED COMPETENCE RESIDING IN THE PROVINCE, THREE OF WHICH WILL BE PROPOSED BY THE OFFICIAL PROFESSIONAL COLLEGES RELATED TO THE TERRITORIAL AND URBAN POLICY.

G) A SECRETARY, APPOINTED BY THE CHAIRMAN OF THE COMMISSION FROM AMONG THE OFFICIALS OF THE INTER-ISLAND GENERAL COUNCIL ENTITLED ENTITLED.

TWO. THE TECHNICAL PRESENTATION OF EACH OF THE ISLAND SECTIONS OF THE PROVINCIAL URBAN PLANNING COMMISSION SHALL CONSIST OF:

A) THE PRESIDENT, WHO WILL BE THE DIRECTOR-GENERAL OF THE COUNCIL OF THE INTER-ISLAND GENERAL COUNCIL, WHOSE POSITION IS ATTRIBUTED TO THE URBAN COMPETENCES.

B) THE DIRECTOR OF THE TECHNICAL PAPER OF THE PLENARY SESSION OF THE COMMISSION, WHICH WILL COORDINATE ITS ACTIONS.

C) THE DEPUTY DIRECTOR OF THE TECHNICAL PAPER DESIGNATED BY THE CHAIRMAN OF THE COMMISSION, ON A PROPOSAL FROM THE RELEVANT ISLAND COUNCIL, FROM AMONG THE OFFICIALS ATTACHED TO IT, WHO SHALL REPLACE THE DIRECTOR IN THE EVENT OF ABSENCE OR BY YOUR DELEGATION.

(D) TWO TECHNICIANS, APPOINTED BY THE PRESIDENT OF THE COMMISSION, FROM AMONG THOSE ASSIGNED TO THE INTER-ISLAND GENERAL COUNCIL OR ISLAND COUNCILS.

E) A REPRESENTATIVE FOR EACH OF THE MINISTRIES OF DEFENSE, FINANCE, PUBLIC WORKS AND URBAN PLANNING, AGRICULTURE, TRANSPORT AND COMMUNICATIONS AND CULTURE.

F) SIX MEMBERS, APPOINTED BY THE PRESIDENT OF THE COMMISSION, AMONG PERSONS OF ACCREDITED COMPETENCE RESIDING IN EACH CORRESPONDING ISLAND AREA, THREE OF WHICH WILL BE PROPOSED BY OFFICIAL COLLEGES OF PROFESSIONS RELATED TO TERRITORIAL POLITICS AND URBANISM.

G) A SECRETARY, APPOINTED BY THE CHAIRMAN OF THE COMMISSION.

THREE. FOR THE EXAMINATION OF GENERAL PLANS, SUBSIDIARY RULES OF PLANNING, DELIMITATIONS OF URBAN LAND AND PARTIAL PLANS, THE COMPETENT MUNICIPAL MANAGER OF THE CITY COUNCIL WILL BE CONVENED THAT HAS DEALT WITH THE RESPECTIVE PLAN.

ARTICLE 5.-THE PRESIDENT, BOTH FOR THE PLENARY AND FOR THE ISLAND SECTIONS, IN CASE OR ON THE PROPOSAL OF ANY OF THE VOWELS, MAY REQUEST THE ASSISTANCE OF THE PROVINCIAL AND LOCAL AUTHORITIES, REPRESENTATIVES OF THE SPECIAL URBAN ENTITIES AND CORPORATIONS, ENTITIES AND ASSOCIATIONS FOR THE BEST ADVICE OF THE FULL COMMISSION OR SECTION. THEY WILL ALL HAVE A SAY AND NO VOTE.

ARTICLE SIXTH. -THE COMMISSION IN PLENARY AS WELL AS THE RESPECTIVE ISLAND SECTIONS, ON A PROPOSAL FROM THE PRESIDENT OR ANY OF HIS VOWELS, MAY APPOINT OTHER MEMBERS OF THE TECHNICAL PAPER, AND MAY IN ANY CASE LEAVE WITHOUT EFFECT OF DESIGNATION.

ARTICLE SEVENTH. THE PROVINCIAL COMMISSION OF URBANISM WILL MEET IN PLENARY:

ONE. WHEN MATTERS OF INTER-ISLAND SCOPE ARE TO BE DEALT WITH.

TWO. EITHER THE PRESIDENT ' S PROPOSAL OR THE AGREEMENT OF ANY OF THE THREE ISLAND SECTIONS ADOPTED BY A MAJORITY.

THREE. WHEN, FOLLOWING AGREEMENT WITH THE FAVOURABLE VOTE OF TWO THIRDS OF THE NUMBER OF THE MEMBERS PRESENT AND, IN ANY CASE, OF THE ABSOLUTE MAJORITY LEGAL, THE COMPETENCE TO UNDERSTAND AND RESOLVE ANY MATTER ATTRIBUTED TO THE ISLAND SECTIONS OF THE COMMISSION.

IN ALL OTHER CASES, THE ISLAND SECTIONS SHALL BE COMPETENT.

ARTICLE EIGHTH. -EACH OF THE SECTIONS OF THE COMMISSION WILL EXERCISE ITS POWERS ONLY WITHIN THE CORRESPONDING INSULAR AREA.

ARTICLE NINTH.-THE FULL COMMISSION AND EACH OF ITS ISLAND SECTIONS, IN TERMS OF OPERATION, CALLS, MEETINGS AND ARRANGEMENTS FOR THE ADOPTION OF AGREEMENTS, SHALL BE GOVERNED BY THE PROVISIONS OF THE LAW OF PROCEDURE ADMINISTRATIVE.

ARTICLE TENTH. -EACH OF THE ISLAND SECTIONS WILL CARRY ITS OWN BOOK OF MINUTES, REGARDLESS OF WHICH ONE OPENS FOR THE PLENARY SESSIONS.

ARTICLE ELEVENTH. THE ACTS AND AGREEMENTS OF THE PLENUM OF THE COMMISSION AND THOSE OF THE ISLAND SECTIONS OF THE COMMISSION MAY BE APPEALED TO THE INTER-ISLAND GENERAL COUNCIL.

FINAL PROVISIONS

FIRST.-THIS REAL DECREE WILL ENTER INTO FORCE THE DAY AFTER ITS PUBLICATION IN THE "OFFICIAL STATE BULLETIN", AND THE NEW PROVINCIAL PLANNING COMMISSION, BOTH IN FULL AND IN SECTIONS, SHOULD BE SET UP WITHIN THE DEADLINE. MAXIMUM OF THIRTY DAYS TO COUNT FROM THIS DATE.

SECOND. -AUTHORIZED TO THE INTERISLAND GENERAL COUNCIL OF THE BALEARIC ISLANDS TO DICTATE THE ORGANIC PROVISIONS NECESSARY FOR THE EXECUTION, DEVELOPMENT AND FULFILLMENT OF THIS ROYAL DECREE.

THIRD. -AS MANY PROVISIONS ARE REPEALED WITH THE PRESENT ROYAL DECREE.

GIVEN IN MADRID TO JUNE 6, THOUSAND NINE HUNDRED AND EIGHTY. -JUAN CARLOS R.-THE MINISTER OF PUBLIC WORKS AND URBANISM, JESUS SANCHO ROF.