Resumen

ALMEIDA, José Mário Ferreira de  y  GUERREIRO, Sandra. Major transport infrastructure of electricity and the constraints of local planning instruments. e-Pública [online]. 2014, vol.1, n.1, pp.349-364. ISSN 2183-184X.

This article is about the conciliation of national public interests on major transport infrastructure of electricity and local government interests undertaken by municipalities in their planning instruments. In particular, the main issue is to know whether the municipalities may or may not constrain or limit the decisions of location of infrastructures which power lies with the national Government. We have concluded, after a detailed analysis of the scope of spatial planning instruments, including local ones, that the municipalities exceed the material limits of their legal powers when prohibiting or burdening the implementation of these infrastructures on the grounds of conflicting planning goals or other local grounds since such assessment of interests is beyond the scope of local government autonomy, unless such restrains are needed to safeguard other public interest of equal relevance. Regardless spatial planning being a matter under concurrent administrative powers, we understand the level and scope of work of each one must be different.

Palabras clave : Transport electricity network; infrastructures; municipal planning; administrative coordination; public interest.

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