The Governing Council of the Andalusian Government has approved the Decree that supposedly is designed to facilitate the administrative procedures in the parks, but in fact it aims to encourage speculative development in these protected natural areas. Contrary to the promises of sr. Minister for the Environment and against which is secured in the review made public after the Governing Council, the Decree makes it clear that General Plans Urban municipalities (Plan) to be approved from now on will have precedence over the standards for the protection of national parks, the Management Plan of Natural Resources (PORN) and the Master Plan for Use and Management (PRUG .)
Thus, the transitional provision 2 nd states that "The forecast urban concerning parameters of construction and design features contained in the general rules of PORN and PRUG of different parks, shall apply until they are finally approved, and after the entry into force of this decree, the relevant development plans ... " and once approved the PGOUs longer be effective in that town planning regulations of that decree. But it is not there, the Act empowers the Minister to amend PRUG PORN and natural parks to "adapt" to the urban plans (Disposal fourteenth-e), and even, in paragraph f) of that provision entitling him to "adapt" the boundaries of national parks when modifying "the criteria which led to the establishment of the threshold and the outcome of the process of demarcation of the public domain." That is, an area damaged by fire, or discharges illegal developments could be excluded from the natural park by decision of the hearing. If you change the boundary of dunes and wetlands, may also be excluded from the park. And all by arbitrary decision of the director, no public inquiry or cooking or report of the Governing Boards of parks, contrary to established law.
This Decree is beyond anything imaginable in political nonsense and in violation of legal norms of higher rank, such as the Law 42/2007 of Natural Heritage and Biodiversity (LPNB), the State Basic Law prescribes that no development plans may contradict the standards of protection of national parks (PORN and PRUG) and in any case should be subject to its determinations. Ecologists in Action warns of serious consequences that will have this decree since it may encourage a race of city councils to approve new plans which are more permissive to construction in the parks. In addition, the Board is launching from the false and dangerous message that the solution to the crisis is to relax the planning rules in the parks.
Ecologists in Action will use this decree to TSJA, considering it null and void and report him to the European Union, since 23 of the 24 national parks are protected as Sites of Community legislation Community Interest (SCI).
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