Procedural defects in urban planning: analysis of the dogma of radical nullity in Spanish law

Abstract

This paper analyzes the discussion that has arisen in Spanish law regarding the effects of the declaration of radical nullity of those urban development plans that are procedurally flawed. In particular, reference will be made to the doctrinal criticisms that this position has received based on the regulatory nature of the plans and, in particular, to the negative effects that its practical application has had. The paper concludes with an analysis of the different positions that advocate a solution to the problem, particularly the one that supports the reconfiguration of its legal nature outside the classic typology of administrative action act-norm.