Gómez-Acebo & Pombo has advised GRUPO LAR in connection with an appeal of unconstitutionality regarding the construction of the Lagoh Shopping Center in Seville.
The Constitutional Court has declared that the Andalusian legislation on environmental assessment is not contrary to the basic state regulation by excluding detailed studies and their modifications from the need to submit them to environmental assessment. The Court considers that due to the limited nature of the aforementioned urban planning instruments, due to the type of modifications that they may imply -always according to the Andalusian urban planning regulations- and because they do not comply with the requirements established in the state regulation, the Andalusian regulation fully respects the state regulation and does not incur, in this sense, in mediate unconstitutionality.
The pronouncement constitutes a relevant landmark of the Constitutional Court, by emphasizing that not necessarily any urban planning instrument is subject to such assessment, but that its true entity and its capacity to affect the environment must be examined in accordance with the parameters of the Basic State Law on Environmental Assessment.
The GA_P team was formed by: José Manuel Palau, Josep Ortiz, Regina Antonino, Ernesto Vidal, Anna Spuche, Javier de la Torre and Andrea Pardines, partner, associates and trainess, of the Public and Regulatory Valencia office.