Marbella has long been renowned for its luxurious lifestyle and stunning Mediterranean coastline. However, beneath its glittering surface lies a complex history of urban planning that has shaped the city’s development for decades. From controversial decisions in the 1990s to the current push for sustainable growth, Marbella’s urban planning journey reflects the challenges and opportunities faced by rapidly growing tourist destinations worldwide.
Historical Context
To understand Marbella’s current urban planning situation, we must look back to 1986, when the city adopted its Plan General de Ordenación Urbanística (PGOU). This comprehensive urban plan set guidelines for the city’s growth, designating areas for development and preservation. However, the arrival of Jesus Gil y Gil as mayor in 1991 marked a significant turning point in Marbella’s urban development trajectory.
Gil, known for his flamboyant personality and controversial decisions, inherited the 1986 PGOU but found its restrictions on construction in green zones and non-residential areas too limiting. In 1992, he ordered the urban planning department to draft a new, more lenient PGOU. This new plan, completed in 1998 and known as PGOU 98, was never approved by Andalucía’s regional autonomous government, the Junta de Andalucía. Despite this lack of official approval, Gil’s administration in the Marbella Town Hall treated the PGOU 98 as if it were in force.
This deviation from prescribed urban planning practices led to the issuance of over 1,000 building licenses that were, in effect, illegal. The discrepancy between the officially recognized PGOU 86 and the unratified PGOU 98 became the source of numerous problems that subsequent administrations would inherit. Approximately 18,000 properties built or initiated between 1992 and 2002 (and even thereafter) remain in a legally ambiguous state.
The Aftermath of the Gil Era
The consequences of Gil’s unorthodox approach to urban planning continued to impact Marbella long after his tenure ended. In May 2006, amidst growing scandals, the town hall was dissolved in disgrace and replaced by a special ‘Management Commission’ until elections could be held the following year.
One of the key actions of this temporary administration was to commission an updated revision of PGOU 86. The result was the PGOU 2010, which sought to normalise the situation and restore order to Marbella’s urban planning environment. However, this new plan was heavily criticised for its pragmatic approach to the problem. It encouraged developers with non-compliant projects to offer economic compensation, often in the form of land donations or public works, in exchange for the legalisation of their now-illegal projects.
While the PGOU 2010 seemed to offer a way out of Marbella’s urban planning quagmire, it was short-lived. On October 27, 2015, the Supreme Court of Spain ordered the nullification of the PGOU 2010, forcing Marbella to once again return to the rules and conditions of the PGOU 86 until a new document could be produced and approved.
Current State of Urban Planning
For nearly a decade since the Supreme Court’s decision, Marbella’s urban development and investment have been dependent on a planning directive that is almost 40 years old. This situation has created significant challenges for developers, investors, and property owners alike.
The outdated nature of the 1986 PGOU means that it fails to address many of the modern realities of urban development, such as sustainability concerns, digital infrastructure needs, and contemporary approaches to traffic management and public spaces. Additionally, the legal ambiguity surrounding thousands of properties built during the Gil era continues to cast a shadow over Marbella’s real estate market.
The New Planning Environment
In response to these challenges and as part of a broader initiative to modernise urban planning across Andalusia, a new legal framework has been introduced. The Ley 7/2021 de suelo de Andalucía, also known as LISTA (Ley de Impulso para la Sostenibilidad del Territorio de Andalucía), sets out a new environment and approach to urban planning within the autonomous region.
This change aims to give planning departments the tools to adapt to new realities and goals, such as the development of modern digital infrastructures, sustainability initiatives, and ways of tackling traffic congestion, water and energy usage, as well as creating new homes and green public spaces.
As part of this new framework, the old PGOU system will be replaced with two new planning instruments:
- POU (Plan de Ordenación Urbano or ‘urban plan’): This document focuses on detailed urban planning of the existing city and addresses the needs for its improvement, regeneration, and rehabilitation.
- PGOM (Plan General de Ordenación Municipal or ‘general municipal plan’): This broader document encompasses the entire territory of a municipality, including both urban and rural areas, and defines the city model in the medium and long term.
The Marbella Town Hall submitted its PGOM in January 2024, marking an important step towards implementing a new vision for the city’s future. However, the more detailed and practical POU is still in development, with expectations that it will be ready within a two-year timespan.
VI. Marbella’s Vision for the 21st Century
The new urban planning framework allows Marbella to articulate a clear vision for its future development, focusing on several key areas:
- Sustainability: In line with global trends, Marbella is prioritising environmentally friendly development practices and the creation of a more sustainable urban environment.
- Digital Infrastructure: The city aims to become a ‘smart city’, leveraging technology to improve urban services and quality of life for residents and visitors.
- Green Spaces: Expansion of parks, gardens, and public spaces is a priority, enhancing the city’s liveability and environmental credentials.
- Improved Mobility: Plans include the development of pedestrian and cycling pathways, increased public transport options, and short-term car rental schemes to reduce traffic congestion.
- Affordable Housing: Recognising the need for a more diverse housing market, the new plan includes provisions for more affordable rental housing options.
- Decentralised Services: By expanding services in residential areas, the city hopes to reduce the need for residents to travel to the main center for daily needs, thereby alleviating traffic on main arteries.
Implementation and Future Outlook
The implementation of Marbella’s new urban planning vision hinges on the approval of the POU, which will provide the technical framework for realising the broader goals outlined in the PGOM. Once approved, the POU is expected to clarify the situation regarding semi-legal properties, potentially imposing fines on those that fall within the illegal category.
The new planning framework also promises to simplify and accelerate the process of applying for building licenses. This streamlined approach, combined with the resolution of long-standing legal ambiguities, is expected to boost investor confidence and stimulate sustainable development in Marbella.
Looking Ahead: Marbella’s Urban Renaissance
Marbella stands at the cusp of an urban renaissance. After decades of planning uncertainties and controversies, the city is poised to embrace a more sustainable, inclusive, and efficient approach to urban development. The new POU and PGOM promise to provide the local authorities with the tools needed to shape a Marbella that is not only beautiful and prosperous but also environmentally conscious and socially responsible.
As the city moves forward, it faces the challenge of balancing its prestigious reputation as a luxury destination with the need for more affordable housing and improved public services. The success of this balancing act will determine whether Marbella can truly become a model of sustainable urban development for other tourist destinations around the world.
The journey from the controversial Gil era to the current vision of a smart, green, and inclusive Marbella has been long and fraught with challenges. However, with the new urban planning framework in place, the city now has the opportunity to write a new chapter in its history—one that honours its glamorous past while building a more sustainable and equitable future for all its residents and visitors.
