Lets start the New Year with some good news…

The TSJA supports normalization of 12 developments condemned to demolition
The high court’s decision opens the door to new resolutions favorable to the more than 800 cases against the PGOU.

The introduction in 2010 of the new General Urban Plan of Marbella not only laid the foundation for the return to normality in the city planning. The document also led to the regularization of illegal housing through a system of compensation, and the response they got from the City was a flurry of private resources they considered the Plan or too strict or too generous. Currently the future of urban regularization of the city is still being fought in the courts, where there are up to 875 open procedures. However,  during the year 2012, the High Court of Justice of Andalusia (TSJA) has backed up 12 projects for which a sentence of demolition weighed enacted prior to the adoption of the General Plan. Cases for which the document stated regularization solutions that precisely replaced the demolition.

“They have been legal proceedings that have led to a push for city planning. Also from the regional administration is has been established that we have a developing plan which  has legal backing. The opposite situation, ie, if these statements had ruled against the PGOU, would have led to a return to legal uncertainty, “says the Director of Urbanism, Mario Ruiz.

Up to this stage, the Marbella Town Hall has had many avenues open for negotiations with the Administration of Justice. One of the thorniest issues put on the table was to resolve the situation of these houses for which a sentence of demolition weighed prior to PGOU. “We have found at this point TSJA support to such an extent that it has developed a monitoring protocol for each of these actions so that, at all times, the high court is informed of each record of adjustment ‘, says director overall Planning of Marbella. “Not that we are not in compliance with judicial decisions because we are not demolished, but we give effect to the same normalizing each of these homes. The court orders allow us the execution of judgements of license cancellation and house demolition is carried through the standardization process. Thus we have solved a hurdle that fortunately has not only solved in the urban area of ​​standardization, but also in the judiciary, “he added.

The government team understands that the decision of the high court in these twelve cases, among which is the Hotel Senator and the Los Monteros-opens the door to new rulings favourable to planning. “The response we have received so far allows us to ensure that they will come, as we call the lawyers, witness statements, that is, all in the same direction, but obviously we should be studying the whole system in detail,” says Ruiz .

At the same time has led to a change in the mindset of individuals and developers who maintain open disputes with the city in the sense that, regardless of the legal proceedings, decide to look in collaboration with the area of Urbanism another quick departure. “We are seeing that since they started to get these judgements, the position of the promoter is conciliatory in the sense of abandoning judicial cases to address outstanding issues.” A new scenario has led to the start of normalization to 343 records during the year.

Photo; The Director of Urbanism, Mario Ruiz, next to Town Planning, Paul Moro.

Source;
Diario Sur
28.12.12
MÓNICA PÉREZ | MARBELLA.