Fencing Installation Around Old Municipal Marbella’s Stadium
The fencing is being installed around the old municipal stadium of Marbella. The governing team approved the second modification of the urban regulations of the 1986 General Plan last Tuesday. This modification includes a new article aimed at facilitating private investment for the construction of the new Marbella stadium. This tailored solution makes it possible to combine sports use with other productive uses.
Approval of the Second Modification of Urban Regulations
After a lengthy process, and a partial final approval before Christmas, the second modification of the urban regulations of the 1986 PGOU was fully approved last Friday. This change aims to make the use of the plots more flexible, among other objectives, to facilitate the anticipated private investment for the construction of the new municipal stadium of Marbella.
Previous Projects and Challenges
So far, the mayor of Marbella, Ángeles Muñoz, has presented two projects for this sports infrastructure, but both had the same problem. In the summer of 2020, the so-called “mini Bernabéu” was announced, which included a commercial area and a hotel to ensure economic viability. This initiative lasted only a year and was cancelled to make way for a competition of ideas and the new project, which also contemplates some return options.
Urban Regulations and Private Investment
However, this productive area, which would allow for long-term investment recovery, was impossible until now because the urban regulations did not contemplate it. The plot where the current municipal stadium is located is classified as equipment, so it did not admit any other use that was not of a public nature. To overcome this obstacle, the City Council adapted the urban regulations to facilitate the entry of private money.
Changes in Urban Regulations
Article 89.6 has been introduced, which opens the possibility of combining uses on land intended for equipment. Specifically, it states that “up to a maximum of 20% of the maximum permitted buildability can be allocated to another use, except for housing and industrial”. Therefore, what is intended, which would be hotel and/or commercial activity, now fits perfectly.
Obstacles Removed for the Project
Another modification has been made in article 90, allowing stadiums to “reach the height required by the installation”. In this way, urban obstacles to the project, which the Marbella FC Foundation wants to fund, have been removed.
Potential Challenges
Everything seems resolved so far, but according to the report of the Consultative Council of Andalusia prepared for the approval of the urban regulations, it may not be that easy. This body warns that compatibility will be admissible as long as it is justified in each specific case that the new use contributes to the main one and does not distort it.
Literal Regulation
Article 89.6 of the urban regulations of Marbella: “In the Equipment plots, in addition to the use indicated in the Qualification Plans, or the one determined by substitution, up to a maximum of 20% of the maximum permitted buildability may be allocated to any other detailed use, except for housing and industrial uses, provided that it contributes to the planned endowment purposes and to the improvement of the urban conditions of the area in which it is inserted. The family home of the person who guards the installation may be authorized”.
Warning from the Consultative Council
“The compatibility of uses different from strictly equipment up to the limit of 20% of the buildability is admissible as long as in each specific case it is justified that the use in question serves as a coadjutant to the main equipment and this is not distorted”.
