The current legislature in the Community of Madrid is marked by the absolute majority of the Popular Party in the Assembly, allowing it to approve legislative changes without the opposition's support. Despite this, opposition parties, including Más Madrid, PSOE-M, and Vox, have maintained a critical stance and proposed alternatives, though these have rarely succeeded.
A recent example of this work is the PSOE-M's rejection of the draft LIDER Law. Following the publication of the text on the regional Transparency Portal, Óscar López's team initiated a thorough analysis that culminated in the submission of a written statement of allegations this Tuesday, signed by councilor Antonio Giraldo.
“"The LIDER Law violates local autonomy and municipal powers, especially in the processing and approval of urban planning ordinances, generating legal uncertainty and, consequently, legal insecurity."
Among the main criticisms from the PSOE-M, articulated by Reyes Maroto, councilor in Cibeles, and Javier Guardiola, regional deputy and spokesperson for the Madrid executive, is the "violation" of local autonomy and municipal powers, protected by the Spanish Constitution (articles 137 and 148) and Law 7/1985, of April 2, Regulating the Bases of Local Regime (LRBRL). They argue that Article 5.2 of the draft significantly reduces the scope for action by local councils in approving urban planning ordinances, to the detriment of the Community's urban planning powers.
To rectify this situation, the statement of allegations proposes including the Urban Agenda in the future law. This document, though not normative, aims to guide urban development towards sustainable plans, integrating environmental, social, and economic aspects. The incorporation of the Urban Agenda would ensure full participation of municipalities in territorial planning.
Another point of concern is the simplification of the planning instrument system, which could lead to less in-depth technical and environmental analyses and a reduction in citizen participation spaces. Furthermore, the PSOE-M criticizes the alleged "speculative" nature of the norm, pointing to an "insufficient guarantee for the incorporation of protected housing" by not regulating reserves for Publicly Protected Housing (VPP), representing a setback in affordable housing policies.
The draft also allows for increases in buildability, density, or changes of use in already urbanized land without the need for planning instruments, and reduces the effectiveness of judicial control. This, according to the socialists, jeopardizes the urban model, territorial equity, and the general interest, potentially "expelling residents" from the region.
The PSOE-M warns of the possible "paralysis of ongoing urban developments" due to the "legal insecurity" generated by the new land classification model, which distinguishes only between urbanized and rural land. They caution that land classified as urban in unadapted plans could be reclassified as unprotected rural land, affecting numerous municipalities.
Finally, the socialists criticize the absence of a gender perspective in the text and the "lack of rigor" in delegating administrative control to a private collaborating entity. They believe that the new system, by giving a significant role to executive plans promoted by individuals, favors fragmented actions without a global urban vision, risking long-term city planning and the general interest. Maroto and Guardiola conclude that this opens the door to "land privatization" and the "urban speculation" culture, similar to the 2008 crisis, which would exacerbate the current housing crisis. If the Popular Party rejects the allegations, the PSOE-M has announced its intention to explore legal action.
