Zamora officially reviews the approval of Toro's PGOU in the Tagarabuena sector

The Territorial Commission for Environment and Urban Planning of Zamora has initiated the ex officio review procedure of its own agreement of July 23, 2026, which granted final approval to the modification of the General Urban Development Plan (PGOU) of Toro in sector UA-A 74 (6-1-4/6-2-1) of Tagarabuena, promoted by «Cortinsa 2000, S.L.». The new agreement, dated October 30, 2026, is published in the Official Gazette of Castilla y León (BOCYL) No. 219, of Thursday, November 12, 2026, within section I.D of Other Provisions, with the official reference BOCYL-D-12112026-219-12, and opens a 10-day hearing period for interested parties.

The file, processed under number 123/25 UR-PL-AD, received unanimous approval in July from the provincial urban planning body, upon the proposal of the Territorial Service for Mobility and Digital Transformation of Zamora. The agreement was notified to the interested parties and the Toro City Council submitted the processed documentation; it was just before its submission to the BOCYL for publication that the procedural defect was detected.

An essential step omitted

According to the published text, during the processing of the file “an essential step of the procedure was omitted by not having requested an opinion from the Consultative Council of Castilla y León, as provided for in article 4.1 i) 6º of Law 1/2002, of April 9, regulating said consultative body,” therefore the July agreement “could be void ab initio.”

The invoked precept requires consulting the Consultative Council in regional and local files relating to the “modification of urban plans when they aim for a different zoning or urban use of the planned green areas or open spaces.”

Void ab initio and preservable procedures

The Commission’s agreement invokes article 47 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, which declares acts issued by totally and absolutely disregarding the legally established procedure to be void ab initio. The omission of the mandatory consultation, it emphasizes, “vitiates the adopted agreement with nullity.”

The same text specifies that the remaining acts and procedures prior to the agreement may be preserved, in accordance with article 51 of the same law, “provided that their content would have remained the same had that omission of the request for a mandatory opinion not occurred.”

Ten-day hearing and official publication

The agreement, adopted unanimously, contains two specific mandates:

• Initiate the ex officio review procedure of the agreement of July 23, 2026, regarding file 123/25 UR-PL-AD, for the final approval of the modification of the PGOU of Toro in sector UA-A-74 (6-1-4/6-2-1) of Tagarabuena.
• Grant a hearing to the interested parties for a period of 10 days to submit any allegations they deem appropriate and publish the agreement in the BOCYL for general knowledge.

The procedure is further based on Article 106 of Law 39/2015, which allows administrations to ex officio declare the nullity of acts that have ended the administrative route following a favorable opinion from the Council of State or an equivalent consultative body, and on Article 63 of Law 3/2001, of July 3, of the Government and Administration of the Community of Castilla y León, which attributes the initiative to the body that authored the null act.

The document is signed by the secretary of the Territorial Commission of Environment and Urbanism, María Teresa Martín Pozo, and has the approval of the territorial delegate, Fernando Javier Prada Antón.

Impact on planning and owners

The ex officio review suspends the legal certainty of a modification already approved and notified that affects the land use planning in Tagarabuena, an area of the Zamoran municipality of Toro subject to urban development. The owners of land included in sector UA-A 74 now have ten days to submit allegations, while the Toro City Council and the developer Cortinsa 2000, S.L. await an Opinion from the Consultative Council to determine the final scope of the nullity and whether any of the previous actions can be preserved. The processing dates back to Law 5/1999, of April 8, on Urbanism of Castilla y León, and Decree 22/2004, of January 29, which approves its Regulation.

Source: Official Gazette of Castilla y León, no. 219, November 12, 2026, section I.D Other Provisions, pp. 69-70 (official reference: BOCYL-D-12112026-219-12).