The TSJA's Administrative Chamber dismisses the appeal against the modification of the PGOU that regulates solar installations and leaves 52.07% of non-urban land free.
The Superior Court of Justice of Andalusia has sided with the City Council of Alcalá de Guadaíra in the dispute over the regulation of photovoltaic plants. The Administrative Chamber, Section Two, has entirely dismissed the appeal filed against the modification of the General Urban Planning Plan (PGOU) approved to regulate the implementation of solar energy generation facilities within the municipality.
The ruling, dated 11 September 2026, confirms the validity of the urban modification and orders the appellant to pay costs. The ruling acknowledges that the City Council has the authority to regulate land use and that urban planning can establish the most suitable conditions and locations for specific uses.
The court emphasizes that the municipal action was carried out with technical criteria, transparency, motivation, and the appropriate administrative procedure to provide legal certainty. The resolution highlights the work of the Urban Planning Delegation in reconciling the development of renewables with landscape protection and the city model.
"Urban planning is developed within a framework of defending public interest," the ruling states.
One of the central points of the ruling is that the modification of the PGOU does not prevent the development of photovoltaic energy but regulates its location. According to the TSJA, almost half of the non-urban land in the municipality remains available for these installations, specifically 52.07%, and it has not been proven that this area is insufficient to ensure significant electricity production.
The ruling also endorses the environmental procedure followed. The court considers that the strategic environmental assessment considered alternatives and evaluated them concerning the landscape, land uses, biodiversity, water, and climate change. Furthermore, it concludes that the modification does not substantially alter the territorial model of Alcalá de Guadaíra, as it does not change land classification, municipal design, communication networks, or services and infrastructural needs.
The ruling highlights that the municipal action aimed to preserve the landscape values of the locality, protecting areas such as the Guadaíra valley, the surroundings of the natural monument, and the Alcores escarpment. The TSJA understands that uncontrolled and scattered implementation of photovoltaic plants is incompatible with balanced landscape protection and that the municipal regulation is not disproportionate concerning the pursued objective.
For the Government Team of the Alcalá de Guadaíra City Council, the ruling supports the work carried out over the years by the Urban Planning Delegation to update municipal planning and anticipate the challenges of renewable energy expansion. Municipal sources advocate for a model of responsible urbanism that is environmentally friendly and forward-looking.
The Urban Planning Delegation will continue working on the new General Plan for Alcalá de Guadaíra, with planning that facilitates economic and energy development while preserving the environmental, landscape, and territorial values of the municipality.
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