On the prevalence of Environmental Impact Assessment of Plans: Cala Mosca Sector in Orihuela (Alicante)

Abstract

Given the indisputable entity that has received environmental management in planning
since the enactment of Directive 2001 / 427CE, known as Strategic Environmental Impact
Assessment, the paper analyzes its prevalence in front of town planning bodies, its organization
and structure from the origin to its current configuration as the highest organ of environmental
protection, in line with the legal requirements to interweave environmental planning with territorial
and urban planning. As a particular case, the articles shows the dysfunctions of the environmental
organ in the Valencian Autonomous Community derived from the late regulation of the strategic
environmental assessment process until 2014. This prevalence of the environmental perspective -
environmental planning versus urban planning-, is also addressed at jurisprudential level, in order
to highlight the conflicts between public, local and autonomous public administrations, and private
operators of urban activities, that cause the execution of areas foreseen in plans which have not
been subject of environmental assessment. The European Commission’s case for the development
of the D-1 area «Cala Mosca» in the municipality of Orihuela (Alicante) and the EU’s position on
similar issues is analyzed as an illustrative example of this problem. Finally, the paper delimitates,
where appropriate, the legal regime for development of planning not environmentally evaluated,
but affected by some sort of environmental protection.