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Andorra Court Upholds Nullity of Casa Xirro Urban Classification in Engolasters

Andorra's Superior Court has reaffirmed that the Casa Xirro lands in Engolasters fail to meet legal criteria for urban soil under territorial planning law. The decision nullifies related parts of parish urban plans from 2007 and 2018.

Key Points

  • Superior Court reaffirms UA-SUC-39 plot lacks consolidated urban land status.
  • Ruling complies with Constitutional Court order to bolster prior judgment reasoning.
  • Partial nullity sustained for 2007 POUP and 2018 revision on this plot.
  • Escaldes council welcomes decision for legal certainty and urban rule enforcement.

The Administrative Chamber of Andorra's Superior Court of Justice has upheld the nullity of the urban classification for the Casa Xirro lands in Engolasters, ruling once again that the UA-SUC-39 plot—also known as Terres del Solà de l'Estany—does not qualify as consolidated urban land.

The fresh ruling complies with a recent Constitutional Court decision, which partially upheld an appeal by the property owners but did not address the merits of the dispute. Instead, it required the Superior Court to bolster the legal reasoning in one aspect of its prior judgment. Having expanded that argumentation, the court has fully reaffirmed its original stance, determining that designating these lands as consolidated urban soil violates the General Law on Territorial Planning and Urbanism. The resolution stresses that the plot fails to meet the legal requirements for such status.

The legal battle traces back to 2022, when Escaldes parish council declared certain administrative acts related to the Casa Xirro site as harmful to public interest. These included decisions dating back decades, predating both the soil law and local urban plans. Although initial approvals for urbanisation on the land came before those frameworks, the site was never developed as required.

As a result, the courts have sustained the partial nullity of the 2007 Parish Urban Planning Plan (POUP) approval decree and its 2018 revision, but only insofar as they pertain to this plot's urban designation.

Escaldes parish council welcomed the outcome in a statement, noting it strengthens legal certainty and validates the authority's consistent position on enforcing current urban planning rules throughout the proceedings.

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