We must indicate that article a of , which approves the Mortuary Health Police Regulations, expressly provides: “Location: the funeral homes will be locat in buildings for exclusive use.” Well, if we go to what the Courts of Justice understand by this concept (by all and “ad exemplum”: Judgment of the TSJ of Andalusia, Seville headquarters, Administrative Litigation Chamber it is conclude that: “exclusive use is confirme by the non-existence of other activity on the Ship.” Go ahead, in Decree /, of April , which approves the Mortuary Health Police Regulation, in its article , you can read with crystal clarity: “The location of funeral homes and crematoriums will be consistent with urban planning.” Likewise, article of the Regulation of July , , on Funeral Services provides: “In the General and Partial Urban Planning Plans, in which complementary public services are planne.
What happens if the Planning
Neither contemplates nor foresees the installation of funeral homes? Jurisprudence enlightens us in this regard, indicating that the activity cannot be as commercial or compatible with residential use, but rather, it must be an industrial use. For all and “ad exemplum”, it is enough to cite the Judgment of April the TSJ of Andalusia (Granada Headquarters), by virtue of which it is indicate: “The Jurisprudence of the Supreme Court has declare that in such cases of absence of location provision, the activity India Mobile Number Database cannot be as commercial or compatible with residential use, ruling mostly in favor of the equation with industrial use for location purposes.” When mentioning such Judicial Resolution to the Jurisprudence of the TS, it brings up the Sentence of the Highest Court.
The Superior Court of Justice of Castilla Mortuaries are incompatible
The appeal ruling responds to the doctrine establish by this Chamber in a ruling of September and in which it was also a license for a funeral home in a Municipality where that use was not specifically provide for but neither was it was prohibite. The Chamber Portugal Phone Number List understood that it could not be admitt base on the doctrine of the Supreme Court, as it can be read in that saying that and according to the doctrine of the Supreme Court in the ruling of — it establishes that: owing the right to freedom of company article, adapt in its exercise to the specific norm that regulates the activity to be contracted as well as, in any case, to the urban planning that makes possible the rational.
