FV Andilla solar plant denied for failing to comply with territorial and landscape regulations

The Territorial Service of Industry, Energy and Mines of Valencia has denied Energía, Innovación y Desarrollo Fotovoltaico, SA the prior administrative authorization and the administrative construction authorization for the FV Andilla photovoltaic solar power plant and its evacuation infrastructure, located in the municipality of Andilla (Valencia). The decision is contained in the resolution of September 1, 2026, published in the Official Gazette of the Generalitat Valenciana (DOGV) no. 10470, of October 14, 2026, section III, with official reference DOGV-C-2026-29807 and file ATALFE/2022/3/46.

The resolution is signed by Roberto Javier Anchel Añó, head of the Territorial Service of Industry, Energy and Mines of Valencia, the competent body as it concerns an installation with a capacity of less than 10 MW located entirely within the Valencian Community. The file was processed through the integrated authorization procedure for photovoltaic plants on non-urbanizable land under Chapter II of Title III of Decree-law 14/2020, of August 7, of the Consell, on measures to accelerate the implementation of renewable energies.

The landscape report, decisive and non-remediable

Article 25 of Decree-law 14/2020 requires that the report from the competent body for territorial planning and landscape be favorable in order to grant the authorizations. The Territorial Planning and Landscape Services of the Directorate General of Urbanism, Landscape and Environmental Assessment issued an unfavorable report on April 28, 2026, and reiterated it on July 10, 2026, after studying the promoter’s allegations, in file EP-2023/416 HA.

The Territorial Service adopts these arguments as its own and concludes that the detected deficiencies are not remediable, which prevents the granting of the authorization in accordance with Articles 77 and 80 of Law 39/2015, on common administrative procedure. The noted non-compliances are:

• Articles 8.3.a) and 10.1.a) of Decree-law 14/2020, regarding green infrastructure.
• Articles 8.3.b) and 8.3.e) of Decree-law 14/2020, regarding landscape.
• Section g.1) of Annex II and Articles 8.c).1º and 8.c).3º of the TRLOTUP (Legislative Decree 1/2021, of June 18, of the Consell).

Chronology of a file spanning more than four years

The processing began on January 20, 2022, when the company submitted an application to the electronic registry of the Generalitat Valenciana requesting the authorization for implementation on non-urbanizable land, the prior administrative authorization, and the construction authorization. The main milestones were:

• January 20, 2022: submission of the application and initiation of file ATALFE/2020/167.
• February 8, 2023: admission for processing, with retroactive effect from February 2, 2023, for the purposes of Article 1 of Royal Decree-Law 23/2020.
• August 18 and 25, 2023: public information period in the Official Gazette of the Province of Valencia (no. 160) and in the DOGV (no. 9669).
• May 4, 2026: hearing process for the holder; May 27, 2026, submission of allegations.
• July 10, 2026: report reiterating the unfavorable criteria.
• September 1, 2026: denial resolution.

During the public information period, the Andilla City Council, i-De Redes Eléctricas Inteligentes, SAU, the Directorate General of Natural Environment and Environmental Assessment, the Júcar Hydrographic Confederation, and the Directorate General of Territorial Policy and Landscape were consulted.

A 0.9 MW installation on non-developable land

The rejected project planned a photovoltaic plant with the following technical characteristics, according to the public information announcement:

• Installed capacity: 0.9 MW, in accordance with Article 5 of Royal Decree 997/2025.
• Maximum module capacity (peak): 1.118 MWp.
• Nominal inverter capacity: 0.99 MW.
• Granted access capacity: 0.99 MW.
• Location: plots 178, 195, and 196 of polygon 30 of Andilla (Valencia).

The resolution will also be published in the Official Gazette of the Province of Valencia and on the website of the Department of Environment, Infrastructure, Territory and Recovery, and will be notified to the holder, the intervening administrations, and the holders of affected assets and rights. Against this resolution, which does not end the administrative route, an administrative appeal (recurso de alzada) may be filed before the Directorate General of Energy and Mines within one month from the day following its notification.

The case illustrates the decisive weight that landscape and green infrastructure reports have on renewable projects on non-developable land in the Valencian Community: although the plant is small-scale, barely 0.9 MW, the regional criteria regarding territorial matters are sufficient to block its authorization. The precedent affects the developer, who may file an administrative appeal, and sends a signal to the sector regarding the requirement to align projects with land-use and landscape regulations before requesting authorizations.

Source: Official Gazette of the Generalitat Valenciana, no. 10470, of October 14, 2026, section III, pág. 1-4 (official reference: DOGV-C-2026-29807).