Ordino landowners file collective appeal against exceptional revision of parish land‑use plan

About fifty landowners in Ordino have submitted a collective administrative appeal to the parish Technical Urbanism Commission (CTU) challenging the parish Land‑Use and Urban Planning Plan (POUP) following the CTU’s recent approval of an exceptional revision. The 12‑page appeal, prepared with legal advisers and presented after a large meeting, carries 47 signatures from private individuals and companies; some owners who had already filed individual appeals either joined the collective action or opted not to.

The complaint is split into formal and substantive grievances. Formally, appellants argue the exceptional revision is unjustified, insufficiently motivated and was processed in breach of the General Land Planning Law (LOGTU) and standard administrative procedure. They say the CTU approved the revision without the objective technical reports or carrying‑capacity studies required to prove a public‑interest need for an exceptional procedure, and that the changes should have been handled through an ordinary revision.

The appellants contend the revision alters or suspends licences and urban conditions in ways that violate legitimate expectations and the principle of legal certainty. They argue the measures create legal uncertainty, contravene protections against arbitrary rule‑making and breach the non‑retroactivity of restrictive norms.

On substantive grounds the group says the revision harms owners’ property rights. They allege parcels previously classified as consolidated urban land have been reclassified without justification, overall developable capacity has been reduced, and owners who had already capitalised development rights now see those rights diminished. The appeal further asserts the commune misinterprets LOGTU, ignores statutory guarantees of urban‑development benefits and violates agreements contained in approved partial plans.

Two provisions are singled out in the challenge. One would prohibit construction on plots located far from urban nuclei if they are smaller than 2,500 m²; appellants say this will render many small parcels effectively undevelopable and reduce their market value substantially. The other creates “private green” (verds privats) designations that leave ownership private but forbid building. According to the appeal, these measures impose conditions that are impossible to meet and amount to a de facto conversion of previously developable land into non‑developable territory — a step the appellants say is lawful only where a recognised natural‑risk condition exists.

The group describes the revision as arbitrary, discriminatory and contrary to property rights, the prohibition on arbitrariness and the non‑retroactivity of restrictive rules. If the CTU rejects the administrative appeal, the appellants say they will escalate the case to the Batllia (judicial court).

Josep Maria Riba, spokesperson for the collective, said the meeting clarified doubts and that the primary aim of the appeal is to ensure owners are heard. He noted the signatories include both small and large proprietors and that discontent remains evident, though he acknowledged not all landowners oppose the revision.

The commune defends the changes as tools to manage and limit growth, concentrate development around urban nuclei and preserve valley meadows and green spaces. Deputy consul Eduard Betriu has said the POUP “maintains the rights of owners” and “in no case” creates non‑urbanizable land except where natural risks, as defined by law, apply. Betriu also called the owners’ organisation of appeals legitimate and said the commune will respond through the CTU and, if necessary, abide by judicial decisions.

The POUP revision process began at the end of the previous municipal term in December 2023. The first draft received 220 objections during public exposure; a second draft approved in November 2024 drew 147 objections. The CTU’s recent definitive approval triggered the one‑month window in which the collective appeal was filed; the CTU must now rule on the collective and any remaining individual appeals before any further legal steps.