Andorra Court Upholds Ordino's Denial of Ansalonga Building Permits
Andorra's Superior Court of Justice confirmed Ordino parish council's refusal of permits for a plot in Ansalonga. The meadow lacks necessary prior urbanisation despite road proximity, enforcing a moratorium during master plan revisions.
Key Points
- Superior Court ruled prior urbanisation works required before construction on meadow plot.
- Developer's October 2024 application rejected amid Ordino's licence moratorium since May 2023.
- Court rejected claim of consolidated urban land status due to missing immediate build readiness.
- Decision supported by Technical Urbanism Commission and Batllia, preserving planning integrity.
Andorra's Superior Court of Justice has upheld Ordino parish council's denial of building and urbanisation permits for a plot in Ansalonga, ruling that prior urbanisation works were required before construction could proceed.
The administrative chamber confirmed the council's decision after a developer applied in October 2024, during Ordino's temporary suspension of licences—enacted in May 2023 while revising its urban master plan (POUP). Such moratoriums, permitted under Andorran planning regulations, protect against new development rights that might undermine plan updates. Several parishes have adopted similar pauses.
The developer claimed the meadow plot, next to the CG-3 road, qualified as consolidated urban land exempt from the ban under article 90.2 of the Land Law (LGOTU). This exemption applies to sites with vehicle access, water supply, sewage management or treatment, and electricity. The firm argued its project—limited to CG-3 widening and a pavement along the plot—did not introduce new urban services.
The court rejected this, insisting the law must be read alongside broader urban rules. Services must not only adjoin the land but also enable immediate building without further urbanisation. The simultaneous request for urbanisation and building licences showed the plot lacked "solar" status, the ruling stated. The developer's technical report itself admitted additional works were needed to prepare the undeveloped area, wedged between road and forest, for development. Case law bars treating such sites as partial plots, the judges added.
Ordino's refusal gained successive support from the Technical Urbanism Commission (CTU) and Batllia. The Superior Court dismissed the developer's full appeal, affirming the parish's move to maintain planning integrity.
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