Sentencia del Tribunal Supremo de 29 de octubre de 2021 (Sala de lo Contencioso-Administrativo, Sección 3ª, número de recurso: 5521/2020, Ponente: José Manuel Bandrés Sánchez-Cruzat).

The Supreme Court Judgment of Spain dated October 29, 2021 resolves an appeal filed by the Community of Madrid against a judgment of the High Court of Justice of Madrid. The main issue is whether the lack of approval of an urban planning plan can invalidate an authorization for the installation of electrical energy. The Supreme Court establishes that the lack of said plan would only invalidate the resolution in the terms of article 48.2 of Law 39/2015, since it is not expressly established that the effectiveness of the authorization is subject to the approval of the plan. Furthermore, the judgment points out that the authorization in energy matters can be granted without the prior approval of the corresponding urban planning plan, although its effectiveness is conditioned on obtaining the necessary authorizations in terms of territorial planning and environmental protection. [Extracted from the article]