La Ordenación Del Territorio En Baleares Bajo El Prisma De La Gestión Territorial: Las Áreas De Reconversión Territorial

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.