The Supreme Court has annulled the instruction of the previous City Council of Madrid, led by Manuela Carmena, which sought to prevent residential buildings in the central almond or with a patio of lights from converting their use into hotel or lodging.

This is stated in a ruling, to which Europa Press has had access, which rejects the appeal filed by the City of Madrid against the December 2017 ruling issued by the Superior Court of Justice of Madrid (TSJM).

The magistrates ratify the nullity of Instruction 1/2017 in relation to articles 8.1.22, 8.1.23 and 8.1.28 of the Urban Development Regulations of the General Plan of Urban Planning of Madrid of 1997.

The then delegate of Sustainable Urban Development José Manuel Calvo explained that the instruction was intended to clarify the differences between use and class of use to curb the "progressive outsourcing of the center" and that it ended up as a "theme park".

"It tries to prevent residential buildings from moving to tertiary uses (hotel / lodging), and is applicable to central almonds and buildings with a patio," Calvo said.

The PP, with the current mayor José Luis Martínez-Almeida in the opposition, called it "illegality", so he decided to take the issue to court.

The TSJM estimated in December 2017 the appeal of the PP, alleging that the instruction "flagrantly violates" several articles of the Common Administrative Procedure of Public Administrations.

Specifically, it detailed that the instruction was issued by a "manifestly incompetent" body, since since it is a modification "of an essential part" of the General Urban Planning Plan (PGOU), it should have been approved in plenary and, subsequently, by the Community of Madrid.

According to the criteria of The Trust Project

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  • Supreme Court
  • PP
  • Manuela Carmena
  • Madrid's community

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