Marbella, the jewel of Costa del Sol, has long been renowned for its glamour, beautiful beaches, and luxurious lifestyle. However, beneath its glittering surface lies a complex history of urban planning challenges that have shaped the city’s development over the past three decades. From the controversial era of Jesus Gil y Gil to the current transition towards a more sustainable and modern urban framework, Marbella’s journey in urban planning is a tale of controversy, resilience, and adaptation.
The Gil Era: A Legacy of Controversy (1991-2002)
The story of Marbella’s urban planning woes begins in 1991 with the election of Jesus Gil y Gil as mayor. Gil inherited the 1986 Plan General de Ordenación Urbanística (PGOU), a general urban plan that set strict guidelines for construction in green zones and areas not zoned for residential development. Dissatisfied with these restrictions, Gil set about creating a new, more lenient PGOU.
Javier Pérez de Vargas Ruedas, a leading partner at Pérez de Vargas Abogados and an expert in urban law, explains the root of the problem: “Work on the new plan began in 1992, and once completed in 1998, it became known as PGOU 98. This urban planning directive, however, was never approved by Andalucía’s regional autonomous government, the Junta de Andalucía. Yet, Gil and his administration in the Marbella Town Hall considered it to be in force and acted accordingly.”
This decision marked a critical deviation from prescribed urban planning practices. The Gil administration issued over 1,000 building licenses that were, in effect, illegal. The ramifications of this action were far-reaching and long-lasting. Pérez de Vargas continues, “The fact that the town hall was working to the unratified PGOU 98 when officially the PGOU 86 was still in effect is the source of most of the problems that were inherited by subsequent administrations, including the reality that some 18,000 properties built or initiated during the period between 1992 and 2002 (including thereafter) remain legally ambiguous.”
The scale of this problem is staggering. Technically, these properties are illegal and could theoretically be torn down. However, practicality dictates a different approach when dealing with such a large volume of homes. Moreover, new legislation has since limited the period during which non-legal edifices can be demolished to five years from the moment they are declared illegal.
The Aftermath: Attempts at Normalization
The Gil legacy continued for four years after his mayoral term ended in 2002, perpetuated through proxy mayors. This era of urban planning chaos finally came to an end in May 2006 when the town hall was dissolved in disgrace and replaced by a special ‘Management Commission’ until elections were held in May of the following year.
In the aftermath of the Gil era, the city struggled to find its footing in terms of urban planning. One of the key acts of the temporary administration was to commission an updated revision of the PGOU 86, resulting in the PGOU 2010. This new plan aimed to normalize the situation and bring a semblance of order back to Marbella’s urban planning environment.
However, the PGOU 2010 was not without its critics. Many viewed it as an overly pragmatic approach to a complex problem. The plan encouraged ‘errant’ developers to offer economic compensations, often in the form of donating land or public works to the town, in exchange for the legalization of projects that had become illegal in the post-Gil era.
Despite its intentions, the PGOU 2010 was short-lived. On October 27, 2015, the Supreme Court of Spain ordered it to be nullified and void. This decision forced Marbella to once again return to the rules and conditions of the PGOU 86 until a new document could be produced and approved.
Alberto Díaz Hermidas, an architect and urban planning specialist, reflects on this period: “For years, we have been promised a new PGOU that will not only deal with the inherited problem of legally ambiguous properties and urbanizations but also create a successful vision and blueprint for the town’s future development and growth.”
The Current Situation: A New Planning Framework
As of 2024, Marbella finds itself in a state of transition. The city is still technically operating under the PGOU 86, a planning directive that is almost 40 years old and ill-equipped to handle the challenges of a modern, growing city. However, change is on the horizon.
The town hall, under the leadership of Mayoress Ángeles Muñoz, has put forth a new vision for Marbella’s urban planning. This vision is set to function within a new technical environment established by the Ley 7/2021 de suelo de Andalucía. This law, known by its full name as Ley de Impulso para la Sostenibilidad del Territorio de Andalucía (LISTA), sets out a new approach to urban planning within the autonomous region.
LISTA aims to provide planning departments with the tools necessary to adapt to new realities and goals. These include the development of modern digital infrastructures, a focus on sustainability, ways to tackle traffic congestion, improved water and energy usage, and the creation of new homes and green public spaces.
A key aspect of this new framework is the replacement of the old PGOU system with two new planning instruments: the Plan de Ordenación Urbano (POU) or ‘urban plan’, and the Plan General de Ordenación Municipal (PGOM) or ‘general municipal plan’.
The POU and PGOM differ in their scope and specificity:
- The Urban Plan (POU) focuses on detailed urban planning of the existing city. It addresses needs for improvement, regeneration, and rehabilitation, specifically targeting the development and organization of urban land.
- The General Municipal Plan (PGOM) contains broader urban planning guidelines. It serves as the instrument that configures and defines the city model in the medium and long term, encompassing the entire territory of a municipality, including both urban and rural areas.
In January 2024, the Marbella Town Hall submitted its PGOM. While this is an important step towards implementing new urban planning and development strategies, it falls short of the practical and technical applicability of the POU, which is still in development.
The Road Ahead: Marbella’s Vision for the 21st Century
As Marbella looks to the future, its vision for urban development aligns closely with prevailing international trends. The focus is squarely on sustainability, the enhancement of digital infrastructure to create a ‘smart city’, expanded green zones and public spaces, updated infrastructure, and improved mobility.
One of the key challenges facing Marbella is its notorious traffic congestion. The new plan hopes to address this through the development of pedestrian and cycling pathways, increased public transport options, short-term car rental schemes, and the expansion of services in residential areas. The goal is to reduce the need for residents and visitors to travel long distances or use the main coastal highway for daily services.
Alberto Díaz Hermidas highlights another crucial aspect of the new vision: “Another requirement that has been recognized is the provision of more affordable (rental) housing, all against a backdrop of retaining and nurturing the quality of life and five-star brand that makes Marbella internationally renowned.”
Javier Pérez de Vargas concurs, summarizing the ambition as creating “a newly evolved Marbella that is inclusive, efficient, orderly, green, connected and rich in its diversity.”
The new planning framework also promises to simplify and codify the process of approving building licenses. As Alberto Díaz Hermidas explains, “The new process allows for greater citizen involvement through an online participation forum, and it replaces Suelo Urbanizable (land that can be reclassified as urban) with simply areas defined as Urban (buildable) and Rustic (non-buildable). This should make the process far less susceptible to abuses.”
Addressing the Legacy of Illegal Properties
One of the most significant challenges facing Marbella’s urban planners is how to address the thousands of properties that remain in legal limbo due to the actions of the Gil administration. The new POU is expected to provide clarity on this issue.
According to experts, it’s likely that only the most egregious cases – such as unfinished building skeletons – will face demolition. For the vast majority of properties, the solution will likely involve fines and a process of normalization.
As Pérez de Vargas explains, “The situation regarding semi-legal properties will be clarified, and those that fall within the illegal category will receive fines, with perhaps only a few unfinished building skeletons being torn down and replaced with new projects.”
This approach reflects a pragmatic understanding of the situation. The sheer number of affected properties makes widespread demolition impractical and potentially devastating to the local economy. Moreover, as Díaz Hermidas points out, “The situation has already become largely normalized, with banks now providing mortgages for all but the most obviously problematic properties.”
The Promise of a New Era
After decades of uncertainty and controversy, Marbella stands on the brink of a new era in urban planning. The transition from the old PGOU system to the new POU and PGOM framework represents more than just a change in terminology – it signifies a fundamental shift in how the city approaches development and growth.
The new system promises to be more secure and inclusive, with greater citizen involvement and a focus on sustainability. It’s expected to simplify and accelerate the process of applying for building licenses, all within an urban environment that will have addressed the ambiguous status of thousands of properties built during the controversial years of the 1990s and early 2000s.
Key points of the new vision for Marbella include:
- Normalizing the situation for thousands of homeowners, providing the legal clarity they need.
- Modernizing both physical and digital infrastructures.
- Improving mobility through the creation of decentralized services complementary to the main center.
- Expanding green zones and public spaces within an increasingly sustainable approach to urban development.
As Marbella moves forward with its new PGOM and the forthcoming POU, it’s clear that the city is entering a pivotal chapter in its history. The lessons learned from past mistakes, combined with a forward-looking vision that prioritizes sustainability and quality of life, promise to shape Marbella into a model 21st-century city.
A New Chapter for Marbella’s Urban Landscape
Marbella’s journey from the controversial Gil era to its current state of transition represents a microcosm of the challenges and opportunities facing many growing cities around the world. The city’s story is one of resilience, adaptation, and a commitment to creating a better urban environment for its residents and visitors alike.
As the new POU takes shape over the coming years, Marbella has the opportunity to not only rectify the mistakes of the past but also to position itself as a leader in sustainable urban development. By embracing modern planning principles, prioritizing citizen involvement, and maintaining a balance between growth and preservation of its unique character, Marbella can ensure that its urban landscape evolves in harmony with the needs of its community and the demands of the 21st century.
The road ahead may still hold challenges, but with a clear vision and the right planning tools in place, Marbella is well-positioned to write a new, more positive chapter in its urban planning history. As Javier Pérez de Vargas aptly puts it, “Marbella’s days of ‘being in the desert’ in terms of urban planning are nearing their end, and fortunately, the infractions of the past will no longer be possible within the new framework. This, in itself, is something worth waiting for.”
Indeed, as Marbella moves forward with its new urban planning strategy, it sets the stage for a future that honors its glamorous past while embracing the principles of sustainability, inclusivity, and smart growth. The transformation of Marbella’s urban landscape from a contentious battleground to a model of modern city planning is a testament to the power of visionary leadership, community involvement, and a commitment to learning from the past while boldly stepping into the future.
