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Boletín Oficial de la Comunidad de Madrid · 02 Oct 2026 · 18 vistas

The Court of First Instance admits an appeal against the Valdeiglesias planning scheme

Por FactBox Admin

El Tribunal de Instancia admite un recurso contra el planeamiento de Valdeiglesias

The Contentious-Administrative Section of the Madrid Court of First Instance, Plaza no. 33, has admitted for processing ordinary procedure 474/2026 directed against the Clarifying Notes referring to the Subsidiary Norms of the municipal planning of San Martín de Valdeiglesias. The summons is published in the Official Gazette of the Community of Madrid (BOCM) no. 235, dated October 2, 2026, in section III of Local Administration, page 219. Interested parties have a period of nine days to appear in the appeal.

The announcement is signed by the mayor Aránzazu Povedano Fraguela in San Martín de Valdeiglesias on September 23, 2026, and is processed under case file number 01/15.452/26. The proceeding is issued in accordance with the provisions of Article 49 of the LJCA, a precept that requires the summoning of all those who appear as interested parties in the procedure so that they may appear before the judicial body.

Who is appealing and what is being challenged

The appeal is filed at the request of Fernando Lechuga Cercas and Gregorio Rus Rus, as stated in the official announcement. The object of the procedure is the Clarifying Notes referring to the Subsidiary Norms of the municipal planning of San Martín de Valdeiglesias, dated October 13, 2025.

It is, therefore, a challenge directed against an interpretation instrument of the municipal urban planning, and not against the entirety of the Subsidiary Norms. The announcement does not detail the specific grounds for the appeal nor the content of the questioned clarifying notes.

The summons and its procedural effects

The agreement of the Contentious-Administrative Section sets the following conditions for interested parties:

  • Appearance period: nine days in the indicated appeal.
  • Warning: those who appear subsequently will be considered a party.
  • Effect on the procedure: its course will not be rolled back or interrupted by these formalities.
  • Notifications: no notification will be made to those who appear after the deadline.

The summons is addressed to all those who appear as interested parties in the procedure, without the announcement nominally identifying other affected parties other than the two appellants.

Publication and processing

The text is inserted in section III of the gazette, within the “Other announcements” heading of the City Council of San Martín de Valdeiglesias. The publication in the official journal fulfills the function of general summons provided for in the procedural regulations, such that appearance remains open to any person with a legitimate interest in the matter.

The City Council of San Martín de Valdeiglesias acts here as the administration providing public notice of the judicial agreement, while the decision regarding the admission of the appeal corresponds to the jurisdictional body. The procedure is thus formally open, awaiting the appearances of the parties within the specified period.

The admission for processing of procedure 474/2026 opens a path for judicial review of the explanatory notes that interpret the urban planning of San Martín de Valdeiglesias, a matter with a direct impact on the legal certainty of owners, developers, and residents of the municipality. Interested parties who do not appear within the nine-day period may appear later, but without this halting the procedure or generating additional notifications.


Source: Official Gazette of the Community of Madrid, no. 235, October 2, 2026, section III (Local Administration), page 219 (official reference: BOCM-20261002-80).

Fuente: Boletín Oficial de la Comunidad de Madrid · Boletín Oficial de la Comunidad de Madrid de 2026-10-02