Marbella Town Hall told to complete demolition of illegally built properties
By h.b. - Jan 9, 2011 - 6:56 PM
The Andalucía High Court of Justice has rejected the process that the Marbella Town Hall has been using to bring property into legality
The Andalucía High Court of Justice has, once again, ordered Marbella Town Hall to demolish the illegally built properties in the town on which demolition orders have already been issued.
In the latest judgement the Court reminds the Town Hall that it has the obligation to follow firm sentences.
Judges Manuel López Aguyó, José Baena de Tena, and Eduardo Hinojosa Martínez, explained that the Supreme Court declared in 2003 that 'article 118 of the Constitution establishes the obligation on the Town Halls to comply with the firm sentences of the courts'. They also consider that such obligations have to be met 'in the public interest', and not for the interest of individuals.
The PP controlled Marbella Town Hall has been following a strategy of bringing the illegally built property into legality, by demanding compensation from the promoter of each development in exchange for the legality process. But the Andalucía High Court has said that it is the courts and not the Town Hall which decides if buildings should be demolished under the PGOU Urban Plan which has already been published.
The Court indicates that it is the LOUA, Andalucía Town Planning Ordination law, which has to be used to bring homes into legality, and not by a PGOU adapted for the purpose.
Last Autumn the Town Hall, led by Angelés Muñoz, contended that it was impossible to carry out the demolition orders because the buildings had been legalised by the PGOU which had been approved by the Junta de Andalucía.
But it seems an approved new PGOU Urban Plan is not considered reason enough to ignore a previously issued order to demolish.
This latest ruling is another complicated setback to the plans of Marbella Town Hall, and indeed others, who have already reached agreements to legalise some of the developments, and where in some cases the promoters involved have already arranged the compensations agreed.
It comes as Len and Helen Prior, the British couple who saw their home demolished three years ago in Vera, Almería, have sent some 400 New Year cards in protest to politicians and others.
Read more: http://www.typicallyspanish.com/news/publish/article_28651.shtml#ixzz1AcrY34F2
