Template-Type: ReDIF-Article 1.0
Author-Name: Esther Rando Burgos
Title:  LA ORDENACIÓN DEL TERRITORIO EN BALEARES BAJO EL PRISMA DE LA GESTIÓN TERRITORIAL: LAS ÁREAS DE RECONVERSIÓN TERRITORIAL
Abstract: Resumen:Baleares ha desarrollado
desde sus inicios una intensa labor para la puesta en marcha de su política en
ordenación territorial, buscando dotarla de contenido en un intento de
articular mecanismos que, en el marco de la gestión territorial, coadyuven al logro
del modelo previsto. En este escenario, la Comunidad Autónoma es pionera en la
creación de instrumentos con los que dar respuesta a sus propias limitaciones
territoriales como archipiélago y a las importantes presiones turísticas
presentes desde hace décadas, optando por un modelo compacto sustentando en la
reconversión urbana que desde finales de los noventa se adelantan, y son un
antecedente, al hoy instaurado principio de desarrollo territorial y urbano
sostenible. El trabajo se centra, en el marco general de la ordenación
territorial en Baleares, en analizar uno de estos instrumentos, las Áreas de
Reconversión Territorial, su aparición, evolución y el pronunciamiento de los
tribunales en torno a su adecuación al ordenamiento jurídico.  Abstract:The evolution of the land management in the different
Autonomous Communities is unlike. This way, each of them to different pace and
with different instruments, gradually, they have tried to plan his territory,
attending to the own particularities that he presents, his weaknesses,
principal problematic and trying to reinforce the opportunities and strengths.
All this with the fundamental aims of this public function, as there were
defined in 1986 in the bosom of the European Conference of The Secretaries Responsible
for the Land Management, and that gave place of la Carte European of Land Management:
the socioeconomic balanced development of the regions, the improvement of the
quality of life, the management responsible for the natural resources and the
protection of the environment and the rational utilization of the territory.
The course of the time and the acquired experience,
they show the need to go a step beyond and opposite to the traditional
development of the land management across the instruments of territorial
planning, is observed how they have to complement each other with instruments
orientated to his management that they make possible to execute the own
forecasts contained in the territorial plans.
And in this scene, it is adapted to there be stopped
in the figures that are implemented, which forces to come to the corresponding
autonomous frames of reference, to analyze the evolution and current situation
that the land management presents and from it, to stop in the study of the
particular mechanisms that they establish and that point at the achievement of
the goal: the cohesion and structuring of the territory.
The character of autonomous competition forces, as it
was indicate, to have to come in a particular way to every Autonomous
Community. It is what does the present work centers on the land management on Baleares,
analyzing his in force frame and the instruments of territorial planning with
which this Autonomous Community are endowed. In addition, in this context, it was
observe as Baleares has developed from his beginnings an intense labor for the
putting in march of his politics in territorial arrangement, seeking to provide
it with content in an attempt of articulating mechanisms that, in the frame of
the territorial management, they contribute to the achievement of the foreseen
model.
In this scene, the Autonomous Community is pioneering
in the creation of instruments with which to give response to his own
territorial limitations as archipelago and to the important tourist present
pressures for decades, choosing for a compact model sustaining in the urban
restructuring that from ends of the nineties they go forward and are a
precedent, to the established today I begin of territorial and urban
sustainable development. 
The work departs from the general context that the
land management presents, distinguished in the evolution that has had in Baleares
and is stopped in a key question that explains mostly the difficulty of the
different mechanisms implanted by the Autonomous Communities in the development
of this public function: the complex relations that between the territorial
planning and the urban development planning he has presented from his origins
and his persistence at present, which is intensified and originates not few
judicial conflicts when certain traditionally urban development actions are
foreseen from the territorial arrangement justified in the character
supramunicipal or regional present interest in the same ones. In this context,
the work approaches the general frame of the land management in Baleares, his
precedents, the legislative development of the autonomous competition after
assuming it in his Statute of Autonomy, the instruments restored by the
Autonomous Community for the achievement of the aims and the territorial model
for the one that bets, as well as the condition that he presents at present.
From the above mentioned point of item, the principal aim of this study comes
given for investigating a concrete figure restored in the frame of the
territorial Baleares planning: the Areas of Territorial Restructuring. For it,
it examines from his appearance, evolution, the discrepancies generated by this
figure and the pronouncement of the courts concerning his adequacy to the
juridical classification. In a particular way, it centre how the figure is
articulated so much in the instrument of territorial planning on a large scale
regional (Directives of Territorial Arrangement of Baleares), since the
different insular instruments (Territorial Insular Plan of Majorca, Territorial
Insular Plan Menorca and Territorial Insular Plan of Ibiza and Formentera).
They are the above mentioned those who contain really his development, fixing
and locating different Areas of Territorial Restructuring in the insular area
that they plan but also fixing his juridical regime and the precise instruments
for his management and execution. Finally, there is analyzed how it has evolved
and that situation presents when it has passed almost two decades from his
appearance, the polemics and arisen debates and finally the judicial control
for the courts, as well as some pronouncements haves up to the moment.
All these questions that are an object of study in the
work, lead to a set of conclusions relative to the opportunity that represents
the figure, attending to the own requirements of urban development
restructuring that are established in the frame of the state legislation and
the bet by a model of compaction opposite to the model of diffuse city who has
reigned in the last times. Without obviating, the complexity that has
represented his evolution with numerous centered debates not in juridical
aspects but of opportunity and muddied by the eternal conflict that he
accompanies on the urban development decisions. Consequence of it has been
almost leaving of the figure. Nevertheless, and it justifies the need and
opportunity of the work, of a very recent way seems that the Autonomous
Community turns to bet for them in a determined way, since it is revealed by
the advance of the review of the Territorial Insular Plan of Minorca, though
taking note of the problematic that the attempt of putting in march has caused
and looking for new mechanisms to overcome it.
It is necessary, in a
suitable way and inside the own aims of the land management and the respect to
the rest of competitions that come together in the territory and affect in the
configuration of that one, to provide to the land management of mechanisms for
his management and execution.
Classification-JEL: R1
Keywords: Baleares, Ordenación del territorio, Urbanismo, Gestión Territorial, Jurisprudencia., Territory Planning, Urban planning, Territorial Management, Jurisprudence.
Pages: 143-183
Volume: 2
Year: 2019
File-URL: http://www.revistaestudiosregionales.com/documentos/articulos/pdf-articulo-2573.pdf
File-Format: Application/pdf
Handle: RePEc:rer:articu:v:2:y:2019:p:143-183