Robledillo delegates the mayor's urban planning license to a councilor

The mayor of Robledillo de Mohernando, Rubén Marchamalo Almazán, has delegated to councilor Juan Castro Castillo the authority to process and resolve the urban planning license that he himself requested on October 19, 2026, to install perimeter fencing on a plot of land he owns. The decision is adopted because grounds for abstention exist for both the mayor and the deputy mayor, his father, and is published in the Official Gazette of the Province of Guadalajara (BOP) number 207, of Thursday, October 29, 2026, in the CITY COUNCILS section, pages 1 to 3.

The resolution, signed in Robledillo de Mohernando on October 27, 2026, is expressly limited to file 251/2026 and does not alter the ordinary distribution of the City Council’s competencies. This is a special delegation “relating to a specific matter,” a figure provided for in article 43.5.a) of the Regulations on the Organization, Operation, and Legal Regime of Local Entities, approved by Royal Decree 2568/1986, of November 28.

Legal basis and prior procedure

The delegation is based on article 9.1 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector; article 21.3 of Law 7/1985, of April 2, Regulating the Bases of the Local Regime; and articles 43 to 45, 114 to 118, 120, and 121 of the aforementioned state regulation. The specific attribution transferred to the councilor is that of article 21.1.q) of Law 7/1985 and article 160.2 of Legislative Decree 1/2023, of February 28.

The file was initiated on October 26, 2026, after arguing the need to process the delegation procedure due to the abstention of the mayor and his deputy mayor. On that same date, two documents were added to the file:

• Legal Report, dated 10/26/2026, issued by the Secretariat-Audit.
• Resolution Proposal Report, dated 10/26/2026, issued by the Secretariat-Audit.

Scope of delegated powers

The delegated councilor assumes all delegable powers of the procedure, including the power to issue acts affecting third parties:

• To instruct and resolve the procedure, granting or denying the license and imposing, where appropriate, the relevant conditions.
• To approve the settlements of the Tax on Construction, Installations, and Works (ICIO) and the urban planning license fee.
• To resolve the appeals for reversal filed against the acts issued in the exercise of the delegation.

The resolution further provides that the acts of the delegated body shall expressly indicate this circumstance and “shall be considered issued by the Mayor’s Office.” Since the mayor is subject to abstention, the councilor is granted the power to resolve appeals for reversal against his own acts.

Validity, control, and publicity

The delegation takes effect from the day following the date of the resolution, without prejudice to its mandatory publication in the BOP, and shall expire upon completion once the resolution of the procedure has been issued and notified and, where applicable, any appeals have been resolved. The agreement includes transparency and internal control obligations:

• Exempt the delegated body from informing the Mayor’s Office of the management of the file and of decisions of significance, pursuant to Article 115 of the regulations, “unless otherwise provided.”
• Report the content of the delegation and the resolution adopted to the Plenary of the Corporation at the first session it holds.
• Communicate the resolution to the delegated body and publish it in the provincial and municipal bulletins.

The plot subject to the license has the cadastral reference 19289A005000670000SP. For matters not expressly provided for, the general rules on the delegation of powers of the Mayor’s Office provided for in Law 7/1985 and Royal Decree 2568/1986 shall apply. The document incorporates the verification code 6f13e95b0afb8d17b632f08e8a8cb8701b6b730e for verification at the electronic office of the Provincial Council.

The episode is unusual: the body authorizing the work is the applicant themselves, such that abstention and special delegation are the means provided by the legal system to prevent an elected official from ruling on their own interest. For the residents of Robledillo de Mohernando, the publication allows them to track who is instructing file 251/2026, with what economic powers—including the settlement of the ICIO—and before whom allegations or appeals may be presented.

Source: Official Gazette of the Province of Guadalajara, No. 207, of October 29, 2026, CITY COUNCILS section, pp. 1-3 (official reference: Resolution of inter-organizational delegation of the City Council of Robledillo de Mohernando, file 251/2026; verification code 6f13e95b0afb8d17b632f08e8a8cb8701b6b730e).