Burgos annuls the PGOU modification regarding uses in endowment plots

The Plenary of the Burgos City Council has agreed to execute judgment no. 251/2025, dated December 2, from the Contentious-Administrative Chamber of the High Court of Justice of Castilla y León —1st section, Burgos seat—, which declares as unlawful and annuls the specific modification of the General Urban Development Plan (PGOU) of Burgos regarding the compatibility of uses in endowment plots. The plenary agreement, adopted on September 18, 2026, is published in the Official Gazette of Castilla y León no. 200, of October 15, 2026, section III (Local Administration), pages 154-156, with official reference BOCYL-D-15102026-200-35.

The origin of the conflict dates back to the agreement of the municipal Plenary on January 17, 2025, which definitively approved the specific modification of the PGOU, processed under file 2/2024 MOD-PGOU at the initiative of the Burgos City Council itself. That agreement was published in the Official Gazette of the Province of Burgos no. 24, of February 5, 2025, and in the Official Gazette of Castilla y León no. 26, of February 7, 2025.

The appeal by the Socialist Municipal Group

On February 14, 2025, the Socialist Municipal Group of the Burgos City Council filed a contentious-administrative appeal against the aforementioned definitive approval, which was registered under number 24/2025. The procedural representation was handled by the court agent Blanca Luisa Carpintero Santamaría, with the defense of the lawyer Feliz Cantabrana Bartolomé.

The Contentious-Administrative Chamber of the TSJ of Castilla y León issued a judgment on December 2, 2025, with the following ruling: to uphold the appeal and declare that the contested agreement is not in accordance with the law, proceeding to its annulment, without the express imposition of procedural costs on any of the parties. The judgment became final by Decree on February 11, 2026, with notification to the defendant Administration, return of the administrative file, and a requirement to carry it out to its full and due effect.

Material execution in file 15/2018 PLA-FOM

The material compliance of the execution is carried out in file 15/2018 PLA-FOM, relating to the “Modification of the General Urban Development Plan of Burgos,” promoted by the Burgos City Council, in order to eliminate the changes introduced by the annulled agreement. The documents that make up the operation are:

• Document submitted to the City Council on December 1, 2025, with registration REG 2025096735.
• Document submitted on December 11, 2025, with registration REG 2025099384, which partially corrects the previous one.

Both documents, duly integrated, were subject to a provisional approval agreement by the Plenary in the session of March 20 and were sent to the Regional Government of Castilla y León on May 14, 2026, for its definitive approval.

Jurisdiction of the Plenary and Appeal Process

The jurisdiction to execute the ruling corresponds to the Plenary of the Burgos City Council, in accordance with Article 123.i) of Law 7/1985, of April 2, Regulating the Bases of Local Government, and the agreement must be adopted by an absolute majority, given that it was the Plenary that definitively approved the annulled modification. The agreement will be published on the City Council’s website, in the Official Gazette of Castilla y León, and in the Official Gazette of the Province.

Against the agreement, which exhausts administrative remedies, a contentious-administrative appeal may be filed within two months from the day following its publication, before the Contentious-Administrative Chamber of the High Court of Justice of Castilla y León based in Burgos, in application of Article 8.1 of Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction. The document was signed in Burgos on October 9, 2026, by the municipal manager of Urban Planning, Infrastructure, and Housing, Fernando Inés Gallo.

The annulment returns the urban planning of Burgos to the state prior to the modification of January 2025, which directly affects the owners of the endowment plots whose compatible uses had been expanded. The execution, still pending final approval from the Regional Government of Castilla y León, suspends the application of those changes and opens a two-month period to challenge the agreement before the contentious-administrative jurisdiction.

Source: Official Gazette of Castilla y León, no. 200, of October 15, 2026, III. Local Administration, pp. 154-156 (official reference: BOCYL-D-15102026-200-35).