The Supreme Court has established that what is known as ‘mobile-home’ requires a planning license for land usesince it considers them comparable to prefabricated houses and not to trailers.
Thus, the high court has dismissed the appeal presented by Agrocamping SL, a campsite in Tarragona, against the decision of the Superior Court of Justice (TSJ) of Catalonia that confirmed the decree of the Mayor of Tarragona City Council of May 11, 2018 in the one who denied placement of this type of houses in the space he ran.
Specifically, the Supreme Court has indicated that the will of the campsite owners was to transform their business into a ‘resort’ type installationplacing ‘mobile-homes’ and bungalows on the parceled land, which after the corresponding works, have been provided with water, electricity and drainage.
The ruling understands that a ‘resort’ is, by definition, a hotel complex, which is why it has explained that the intended transformation “involves a use of the land that requires urban planning authorization” in the terms set out in Royal Legislative Decree 7/2015, of October 30, which approves the consolidated text of the Land and Urban Rehabilitation Law.
“In no case can said transformation be covered, as the appellant claims, by the activity license obtained for a campsite.” Furthermore, the Supreme Court justifies this requirement in an “overriding reason of general interest” such as protection of the environment and the urban environment.
For this reason, he has indicated that they will be the applicable urban planning regulations in each case those that legitimize the installation of mobile homes in a campsite.
“This facility cannot be covered by the activity license that may have been previously obtained,” he said. This license, he adds, “is not intended” to carry out urban planning control of land uses, but rather “to ensure that the activity is carried out without causing discomfort or damage to its environment.
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