He Superior Court of Justice of Navarre (TSJN) confirmed the resolution of Provincial government that denied implementation in Barásoain of a photovoltaic solar park.
In the sentence which can be appealed to the judicial body itselfthe Contentious-Administrative Chamber of the TSJN concludes that the character of the affected soils is of high productivity and agrological capacity.
On June 23, 2023, the Director General of the Territorial and Landscape Service of the Territorial Cohesion Directorate of the The Government of Navarre has refused the installation of the aforementioned solar park. Once the industry advisor rejected the appeal filed against this refusal, the company concerned went to the Superior Court of Justice.
In its allegations, the Provincial Executive maintained that there is no report other than that of the Bureau of Soils and Climatology, of March 29, 2023, which establishes another different assessment on the agricultural value of affected soils.
“On the basis of the said report, which, as we had already anticipated, is the only one in the file that can shed light, and the regulations applicable to the case, as well as the transcribed doctrine, the appeal cannot be welcomed. The character of The affected soils are of high productivityor with high agrological capacity and the vast majority are considered class II soils, it is therefore not possible to authorize the establishment of a photovoltaic park such as that planned”, notes the Court.
The Chamber, which cites its 2023 judgment, reiterates that after analyzing the legislation and the reports on the case, there is no doubt that “the Actions on non-developable land must be authorized exceptionally.that the autonomous administration must take care to prevent the denaturation of rural lands and to preserve natural and landscape values, but carefully weighing all the competing circumstances in each case in the light of the applicable regulations.
