Marchena definitively approves compatible uses in municipal public facilities

The Marchena City Council has definitively approved the Municipal Planning Modification regarding compatible uses in the soil and subsoil of public facilities. The agreement was adopted by the municipal Plenary in an extraordinary session held on June 8, 2026, and is now published in the Official Gazette of the Province of Seville, number 192, corresponding to Friday, October 2, 2026, with the official reference BOP-SE-2026-192015. Against the agreement, which exhausts the administrative route, a contentious-administrative appeal may be filed within two months.

The publication occurs nearly four months after the plenary session that gave the green light to the text, and is accompanied by the mandatory registry deposit. The announcement is signed by the Acting Secretary, M.ª del Mar Hidalgo Romero, in Marchena on September 29, 2026, and is inserted in the Local Administration section of the provincial gazette, on page 71.

Registry deposit and regulatory backing

The definitive approval agreement has been deposited in two registries, as required by the regional land-use regulations:

• Municipal Registry of Planning Instruments, Urban Agreements, and Cataloged Assets and Spaces of the Marchena City Council, under number 107 of Planning.
• Provincial Registry Unit in Seville of the Regional Registry, under number 11,029.

Both entries are carried out in accordance with article 82.2 of Law 7/2021, of December 1, for the promotion of territorial sustainability in Andalusia (LISTA), the regulation that governs the deposit and registration of urban planning instruments.

The processed document is available for public consultation through the municipal transparency portal, transparencia.marchena.es, and its authenticity is accredited by the secure verification code 5ulEksdiPS094NN+MlguWg== issued by the electronic signature platform of the Provincial Council of Seville.

Two months to seek judicial recourse

The announcement expressly warns that the agreement exhausts the administrative route and details the available means of challenge:

• Contentious-administrative appeal before the Contentious-Administrative Court of Seville, within a period of two months starting from the day following the publication of the announcement in the BOP.
• This route is supported by articles 25 and 46 of Law 29/1998, of July 13, of the Contentious-Administrative Jurisdiction, and article 112.3 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations.
• The text specifies that this is “without prejudice to the ability to exercise any other appeal deemed appropriate.”

The calculation of the period therefore begins on October 3, 2026, one day after the publication of the gazette.

Scope regarding municipal facilities

The modification dictates which uses may be considered compatible with the land and subsoil of the municipality’s public facilities; that is, the framework that determines which activities can be established in municipal-owned facilities. This is a general-scope planning instrument, not a specific authorization, therefore its entry into force conditions the regime applicable to future licenses and the activity carried out in those spaces.

The file was processed under current Andalusian urban planning legislation and culminated with the final approval by the Plenary, with the announcement containing no modifications relative to the processed document.

The relevance of the publication is twofold: it establishes the regime of uses applicable to the public facilities of Marchena and activates the legal calendar for a potential judicial challenge. Any interested operator—individuals, companies, or entities—has until early December 2026 to decide whether to go to court, while the City Council can already apply the new table of compatible uses in its facilities.

Source: Official Gazette of the Province of Seville, No. 192, Friday, October 2, 2026, Local Administration, p. 71 (official reference: BOP-SE-2026-192015).