Por Redaccion 
Modification number 4 of the APA/9 sector, which will go to the February Plenary session, moves forward with the votes in favor of the PP and Vox
Alicante, February 21, 2025. The Urban Planning commission prior to the February Plenary session has given the green light this Friday to the public exposure file of the modification number 4 of the partial plan of the PE/APA-9 sector, related to the construction of a private hospital in Vistahermosa. The proposal has been approved with the votes in favor of the PP and Vox.
This file proposes the change in classification of block M-15, where a private hospital is being built, from residential use (Single-family Housing) to special tertiary use, directly applying article 93.A of the Urban Planning Regulations of the General Urban Development Plan (PGMO) of Alicante. An article introduced by the modification number 42 of the PGMO. The modification of the partial plan will also allow an increase in buildability and an increase in height beyond what is currently permitted in that block.
This increase in buildability entails an economic compensation from the company to the City Council of 785,000 euros, which will be allocated to the Municipal Land Heritage, in addition to the penalty that the responsible company, MPT Alicante, must pay for the urban irregularities committed when carrying out works outside the license granted in 2022.
In modification number 42 of the PGMO, the City Council addressed the adaptation of its urban planning, separating the regime of public and private endowment uses, granting the latter the status of special tertiary uses. This constitutes the enabling legal framework for the processing of subsequent specific modifications to increase buildability for the establishment of new private facilities, currently designated as special tertiary uses, intended exclusively for educational-cultural, sports-recreational, or healthcare purposes, in accordance with Article 37 of the TRLOTUP, which will be processed as a mere consequence of modification number 42 and in accordance with its provisions, as is the case with modification number 4 of the APA/9, whose public exposure has received approval this Friday in the Urban Planning commission prior to this month’s Plenary session.
Favorable Reports
The public exposure of this file reaches the Plenary session after the Government team has obtained two reports from the Urban Planning Discipline area and the Planning area, which argue that continuing with its processing is compatible with the existence of restoration of urban legalities and sanctioning proceedings related to these works. Proceedings that were opened after the City Council confirmed that works had been carried out without the authorization granted for the construction of the hospital.
In this regard, the report from the Urban Planning Discipline indicates, on the one hand, that the current TRLOTUP, the higher-level urban planning regulations in the Valencian Community, «does not prevent, condition, or question the processing of the planning due to the existence of related proceedings for the restoration of urban legalities or sanctions, quite the contrary, it regulates the possible suspension of these proceedings in cases where there is a planning instrument being processed that could legalize the affected action without a license.»
The Planning report, on the other hand, establishes that the file «is being processed under the modification number 42 of the PGOU, within the framework of the general interest and in accordance with current legality.»
The restoration of urban legalities and the sanctioning proceedings for the works carried out without the license granted to the company MPT Alicante in 2022 will continue, and the Deputy Mayor, Manuel Villar, announced this Thursday that the penalty for this infringement will be «historical and unprecedented in Alicante.»