1. “LAND PLANNING AND TOURISM IN SPAIN” Bellvehí Legal Link 19th IFTTA Conference Portugal

2. LAND AND TOURISM PLANNING Originally, land planning was understood as a state public function. Spanish Land Law of 1956. The 1978 Constitution suppressed the legislative competence in land planning from the central government and transferred it to the Autonomous Regions. This distribution has generated a huge number of different regulations in this topic that are impossible to match. However, the Central Government is still competent in some cases (general interest, roads, etc…).

3. RELATION BETWEEN THE DIFFERENT COMPETENTIAL LEVELS Due to this different level of competences, there are 3 situations that can arise: –General competences that affect to the whole territory  autonomous regions decisions are conditioned to the general interest. Ex: public domain titular. –Both competences have to coexist  basic environmental legislation. –Specific state activities with a territorial dimension  hydraulic works, roads that cross more than one autonomous region…

4. This situation generates collisions between the competences that have to be solved “ad casum” by the Constitutional Tribunal taking into consideration many facts, such as the general interest. In any case, the best solution is COORDINATION between the different levels of the administration.

5. RELATION BETWEEN TOURISM AND LAND PLANNING The different territories in Spain are attractive for tourists. Our territory is our most important product. Tourist products: goods and services that cannot be commercialized (air quality, clean beaches, landscapes…). Tourist products are related to the territory, and the territory is transformed by the administration (local, state…)  The produced territory is the offered product. The regulation of tourism and territory have to be connected in order to safeguard this asset. TERRITORY = TOURIST PRODUCT

6. Territorial planning of tourism has a double aspect: –Physical planning of the sector. –Creation of new products (ex: parks, nature reserves…) This shows us that tourism, as a product, has to be territorially organized. The problem in Spain has been that the different competent authorities have defined very different territorial models (disjointed territorial policies due to the “Sol y Playa” model  local planification).

7. TERRITORIAL ORGANIZATION Originally, in Spain we find 2 types of tourist spaces: –Spaces that appear juxtaposed to a traditional city center (e.g.: coastal towns, historical or artistic towns). –Spaces that appear “ex novo” (e.g.: urbanizaciones): High density model  coastal zones (apartments) Extensive model  interior zones (isolated houses)

8. The first offer of tourism in Spain was based in the first model (“Turismo de Sol y Playa”  Before 1980’s). This phenomenon caused an increase in the demand of “second residences” in this towns and the massive concentration of buildings in the coast creating a non- desirable landscape. This is the heritage we have and what we need to avoid in future land plannings. Nowadays the state, autonomous regions and local administrations are more concerned with conservation of our tourist product and for this reason the model has changed to a sustainable model. Let’s see the different models of relation between land and tourism planning in Spain.

9. FULL INSERTION MODEL: –Balearic Islands. COORDINATED MODEL: –Canary Islands and Valencia. INDEPENDENCY OF LAND AND TOURISM PLANNING: –Madrid.

10. THE CASE OF CATALONIA TOURISM LAW (13/2002) URBAN PLANNING LAW (1/2005) -Based on the “sustainable development principle”. -Catalonia Tourism Plan  is a territorial plan and applies to all Cat. -“Sustainable urban planning development”. -Connection between this law and the Catalan Territorial Policy Law. DUE BOTH LAWS ARE BASED ON THE SUSTAINABLE DEVELOPMENT PRINCIPLE, CATALONIA DOES NOT HAVE A UNITED REGULATION BETWEEN THE TWO REGULATIONS

11. CONCLUSIONS: Against the referred model (“SyP”), the growth of tourism in Spain has to be sustainable in order to maintain a good quality level of the tourist product for many years. Some Autonomous Regions have already established a connected model of tourist and land planning. The different competent authorities have to tend to a global planning of the territory, avoiding old errors (local plans). In any case, in order to achieve the referred goal, tourism has to be extensive and punctual and look for quality and impulse of the natural heritage. Agenda 21 recommendations.

12. THANK YOU FOR YOUR ATTENTION