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AUAN Press release – 3rd February 2010
Contact info@almanzora-au.org or call 646506943
Demolitions. Who’s Next?
More demolition orders have been issued in Albox despite confusing statements
by the Town Hall and the Mayor, Sr. José García.
In an interview published on the English language Arboleasnow website
, Sr. Garcia is reported to have denied the rumour that nine houses are
affected, saying that only eight demolition orders have been issued "by
the courts".
This statement belies the fact that on the 15th December another of our
members was issued with an order not by the courts, but by Albox Town
Council itself!
And on January 20th, the Official Bulletin board carried an instruction
to demolish a building on a plot of land near Alcantarilla, Albox. However,
the plot referred to has two homes on it as well as an uncompleted structure.
We notified the owners and met with the Town Hall Secretary, who agreed
to review the case file and advise us whether the order referred to one,
or all, of the structures on the plot. In spite of repeated attempts we
are still waiting for a response. The owners have only fifteen days to
lodge an appeal and are very worried. They need this information from
the Town Hall, and they need it now.
We have been trying to set up a meeting with Sr. Garcia for three weeks.
Having cancelled two previous appointments with us, we are now told we
cannot speak to him until the middle of February. This, despite the fact
that we represent eight of the affected families.
It has been because of delays and lack of communication that the legal
process in these cases is so advanced it has resulted in people being
deprived of their right to defend themselves.
Avoiding difficult questions is not an option for the authorities. In
order to solve the problem we need ongoing, open and co-operative dialogue
to reach a consensual solution involving public bodies, interested associations
and all the political parties.
AUAN Press release –2nd February 2010
Contact info@almanzora-au.org
JUDGE ORDERS TEMPORARY HOME BE PROVIDED FOR LEN AND HELEN PRIOR
After
two years of living in their former garage, following the illegal demolition
of their home, at last there is a bit of good news for Len and Helen Prior
of Vera.
As well as claiming compensation from the council for the loss of their home, the lawyers acting for the couple also applied for “provisional measures” to house them in a property similar to the one they lost. Now the judge in the case has ordered the council to either find them a similar property or pay the rent on one they find for themselves while the case is sorted out.
Len and Helen have indeed found a suitable property and are now waiting for the council to approve the agreement. They are both pensioners and their health has suffered considerably during the stress of the last two years. The demolition of their house was illegal and to date they have received nothing for their loss.
They have NOT won their case, NEITHER have they received any compensation. These matters are still to be resolved.
But we at the AUAN are delighted that they will at least be accommodated
somewhere more suitable than the garage in which they have spent their
last two anxious years.
AUAN Press release – 1st February
2010
Contact info@almanzora-au.org
Representatives of the AUAN met with Francisco Gongora , spokesperson
for the Pardido Popular (PP) in Almeria on Friday 29 January. The AUAN
and PP agree that the only way to quickly solve the problem of houses
‘fuera de ordenacion’ is through new legislation. Further discussions
are planned.
AUAN advocates an intelligent and consensual solution agreed between public bodies, interested associations and political parties. This meeting follows on from previous meetings with the IU and the Defensor del Pueblo.
AUAN Press release – 25th January
2010
Contact info@almanzora-au.org
WHO´S IN CHARGE?
Claiming to be a helpless pawn in a judicial process which is not in his control, Sr. Luis Caparrós, of the Junta de Andalucía´s Planning Department, insists he has not pressurised Albox Town Hall in any way to carry out Court Orders to demolish properties.
This copy of the letter from his Department to Albox Town Hall in April (May) last year, telling them to get on with it, tells a very different story.pdf file
He says the Junta is not there to demolish houses; they merely respect and carry out the sentence of the Judge. He says he has no power in this matter. He is trapped between a rock and a hard place. He suggests that affected people take individual action and sue their builders, lawyers, promoters . . . anyone.
Meanwhile Prime Minister Zapatero, who came under fire this week in the European Parliament over urban abuses, only managed a “we are very aware” about this situation and added that, though the government would like to act, it must be remembered that in Spain such powers are often in the hands of the Autonomous Communities and the Town Halls.
Who’s in charge? – No one!
AUAN have now submitted a specific petition to the European Parliament asserting that it is a basic right in international law, and binding on the Spanish administration, that no-one should be deprived of a property, which they acquired in good faith, without guarantee of fast, just compensation. We are more than prepared to take our case to the European Court of Human Rights if necessary.
Prime Minister Zapatero and Sr. Luis Caparrós hide behind the law.
Where can Len and Helen Prior of Vera hide?
Where can John and Muriel Burns of Albox hide?
AUAN Press release – 20th January
2010
Contact info@almanzora-au.org
“I AM ASHAMED TO SEE WHAT IS GOING ON IN MY COUNTRY”.
Spanish national and MEP Marta Andreasen told Spanish Prime Minister Zapatero in the European Parliament today that she was ashamed to see what is going on in Spain in relation to urban abuses.
She told Mr Zapatero, who was outlining the Programme of the Spanish Presidency of the EU Parliament in Strasbourg, that she represented constituents in the South East of England, some of whom are suffering from urban abuses and are unable to occupy their properties. She said that if a solution was not found during Mr Zapatero´s Presidency she will personally do all she can to make sure EU threats to block subsidies to Spain are carried through.
Ms. Andreasen made specific mention of the case of Mr and Mrs Prior two years ago in Vera and told Mr. Zapatero “We want a solution now. We want the people to be able to live in the houses they bought. If this is not possible they need to be granted a fair compensation.”
Interventions from MEPs on the problems of urban abuse in Spain have come about partly as a result of a concerted campaign by the federation of urban abuse organisations, including AUN and AUAN in Spain. Despite three reports approved by the European Parliament urging the Spanish authorities to take action, nothing has been done so far to protect those suffering the consequences.
Other MEPs Glenis Willmott (Labour) and Diana Wallis (Liberal Democrat and Vice-President of the European Parliament) also appealed for a solution to urban abuses and land grab scandals on behalf of British victims. Michael Cashman, MEP, has already written a personal appeal to the Spanish Prime Minister stating that “It is the Spanish government alone that can bring an end to these abuses”.
WE NEED A SOLUTION NOW!
The links below will take you to video shots of the actual speeeches. The language can be changed to English (en) or Spanish (es)
AUAN Press release – 18th January
2010
Contact info@almanzora-au.org
AUAN MEETS WITH THE ANDALUCÍAN OMBUDSMAN
En
Espanol
Left: Maura Hillen (AUAN President), Helen Prior, Mike Phillips
(AUAN VP) (click to view larger image).
The AUAN would like to thank the Andalucian Defensor Del Pueblo
for the warm welcome he gave them at a meeting in Seville last Friday. The
Defensor (ombudsman) is the high commissioner of the Andalucían Parliament and
is appointed to protect the fundamental rights and public freedoms enshrined in
the Spanish Constitution. The meeting was facilitated by Izquierda Unida and,
apart from those representing the AUAN, was attended by Rosalía Martín and
Antonio Romero of the IU.
Also present was Mrs Helen Prior, who is an
example of one of the many victims of construction and urban planning abuses
which seem to be devastating Spain. You will recall that Mr and Mrs Prior´s
house was demolished two years ago, despite having a building license, and they
have been living in the garage beside the ruins of their bulldozed home ever
since with no glimmer of any compensation.
The Ombudsman was interested
in hearing about this case and Mr and Mrs Prior are going to present a formal
complaint to him.
We explained to the Ombudsman that the Junta de
Andalucía now appears to want to follow the lamentable case of Mr and Mrs Prior
with a series of eight more demolitions in Albox, all of which properties are in
possession of licenses which were subsequently revoked by the Junta.
We
put it to him that the question is really very simple: is it not patently unjust
to throw pensioners, who acted in good faith, out onto the street, when the
proceedings against them originated as a struggle between two branches of the
Spanish state?
We argued that it is a basic right in international law,
and binding on the administration, that no-one should be deprived of a property
which was acquired in good faith without guarantee of fast, efficient and just
compensation. The AUAN pointed out some of the international obligations to this
effect, among them the Universal Declaration of Human Rights approved by the UN
General Assembly in 1948, the European Convention for the Protection of Human
Rights and the European Union Charter of Human Rights.
The AUAN alleges
that the Junta is sheltering behind their own interpretation of the law, and
argued that the law does not exist in a vacuum, it is made by politicians and it
cannot enshrine human rights abuses. The law cannot embody antisocial
practices.
The Ombudsman indicated that he was familiar with this problem
and interested in the matter. He said that, among other actions, he would speak
to Sr Juan Espadas, the Minister for Housing and Territorial
Planning.
Meanwhile, Michael Cashman MEP, has written an open letter to
Prime Minister Zapatero. Mr Cashman was one of the MEPs who asked for a European
Parliamentary resolution to get Spain to put its house in order given the
enormous number of petitions and complaints about building, environmental and
urban abuses it had received. According to Mr Cashman there have been over
15,000 petitions as well as a daily flood of letters on this matter.
He
addressed his letter to Sr. Zapatero as co-President of the European Council. He
speaks of urban abuses in general, of his daily delivery of letters of
complaint, and says that the response of the government to European Parliament
resolutions has been only inaction. He specifically mentioned the case of the
eight properties under threat of demolition in Albox and he urges Mr Zapatero to
intervene to avoid making victims out of those who have acquired their
properties in good faith hoping to enjoy their retirement. Don’t forget that one
of the affected owners who faces being thrown out onto the street is more than
80 years old.
On another front the scandal about Albox is spreading on an
international level; the Daily Mail ran a piece last week where one of the
affected couples told the newspaper that if the authorities were to demolish
their home they would have to do so with them still in it.
According to
information we have it looks as if this is going to get even more complicated
for the Junta: the EU Petitions Committee is going to meet to have a look at the
situation and various MEPs are showing a great interest in the apparent
injustice of it, including Willy Meyer, the IU member of the Petitions
Committee. We also know that the British Ambassador has written to Sr. Griñan,
the President of the Junta of Andalucía and that the British Consul has been in
contact with the victims.
AEPA, the association of small Albox
businesses, has complained that in their understanding of some of the statements
made by representatives of the Junta, buyers are being incited to start legal
proceedings against their builders. The Albox PP and PSOE parties also now seem
to be entering the fray, with each party blaming the other for the deteriorating
image of the town.
AUAN would like to make it clear that we are NOT a
political association, though we are grateful for the attention being paid to
this problem by the Izquierda Unida. We acknowledge the courage of the Mayor of
Albox in saying that the demolition of homes is a barbarity. We are planning to
meet with the PP in the next few days to explain to them the situation in which
our members find themselves.
AUAN advocates an intelligent and
consensual solution agreed between the civil servants, interested associations
and political parties. They should analyse the entire construction and urban
planning chaos and shape new draft legislation.
Meanwhile there should be
no recourse to the demolition of houses bought in good faith without adequate
compensation.
Response of HM Government to questions
raised in the House of Lords.
AUAN, 15th January
2010
In response to submissions from the AUN to the House of Lords, Lord Burnett, Vice-chair of the Legal and Constitutional affairs group raised questions to the House of Lords on the 28th of October with respect to urban abuse in Spain.
PDF file attached click HERE to view questions and response.
Open Letter from Michael Cashman MEP to
the President of Spain
AUAN, 15th January 2010
Dear Prime Minister Zapatero,
Recent events have compelled me to write to you again to raise the issue of widespread urban abuse in Spain , particularly in the Valencia , Murcia and Andalucía autonomous communities. Tens of thousands of people from all EU Member States have now been affected by irregularities in regional land law. At the last count the European Parliament's Petitions Committee has handled over 15,000 petitions and letters flood into my office on a daily basis. Several fact-finding missions have taken place, in which we have spoken to people on the ground and gathered evidence which has formed the basis of Parliamentary Reports. Inaction can no longer be excused.
Sadly, the new year has begun in the worst possible way for one community in Andalucía where eight properties in the village of Albox have been served with demolition notices. In 2002 Albox Town Hall granted building licenses for all of the properties in question. However late in the same year The Junta de Andalusia reversed this decision and after lengthy court proceedings succeeded in having the building licenses nullified. The homes many bought in good faith and in conformity with the regional property law, with the hope of enjoying a new life or peaceful retirement, now face imminent demolition.
Ultimately it is the Spanish Government alone who can bring an end to these abuses. In this way the Spanish Presidency of the European Council represents an opportunity to decisively tackle these long-standing problems once and for all, especially in the autonomous communities of Valencia , Andalusia and Murcia . I urge you to intervene and ask the regional governments to resolve this so the people who acted in conformity with legal practice and the law are not left as the victims.
Yours Sincerely,
MICHAEL CASHMAN MEP
Photo's from the Almeria march
Please be patient whilst they load. Click on the small images to see a larger version.
Abusos Urbanisticos Almanzora
No
Campaigning to safeguard our
homes
AUAN Press release – 11th January 2010
Contact info@almanzora-au.org or call 646506943
ILLEGAL HOUSES – IT AFFECTS US
ALL!
1. Something very fundamental is wrong when there are
plans to throw pensioners, who acted in good faith, out onto the street with no
guarantee whatsoever of any compensation, threatening their most basic human
rights.
2. Everyone in our society is suffering as a result of these urban illegalities.
3. This problem has now become both a national and an international scandal.
4. We need an intelligent solution, which must be sought through a consensus of the appropriate agencies, organisations and political parties.
5. Given the extent of the problem, with hundreds of thousands of illegal homes, there is no room here for halfway measures.
6. The first step should be an analysis of the problem by a working party specially set up for this purpose.
7. This working party should analyse the failures of the real estate system including environmental, urban, registry and litigation aspects.
8. It should draft new legislation or regulations to solve these current problems and prevent them occurring again in the future.
9. Meanwhile the administration should act in a manner which avoids situations which are patently unjust.
10. In a modern system there can be no acceptable argument for demolishing homes acquired or built in good faith, without guarantee of swift, effective and just compensation.
11. The administration seems unaware of the human suffering caused by their decisions. It is not right that they take shelter behind the Law - the Law does not exist in a vacuum and must be applied taking full account of human rights.
“This isn´t just about paperwork; it is about human lives”
Abusos Urbanisticos Almanzora
No
Campaigning to safeguard our
homes
AUAN Press release – 9th January 2010
Contact info@almanzora-au.org or
call 646506943
Victims of the recent demolition orders, together with their lawyers, met
yesterday in Albox with several representatives of the town council and the AUAN
to discuss the current situation. The Mayor of Albox, Sr. José García, was in
Seville for talks with the Viceconsejero of the Planning office of the Junta de
Andalucia, Justo Mañas Alcón.
The lawyers representing affected homeowners outlined their points of view. It was underlined that the legal process is both complicated and very advanced.
Town Hall officials were at pains to reassure those facing the loss of their homes that "Your problem is our problem” and that “We are all in the same boat”. Asked whether Sr. Garcia would be prepared to execute the orders, we were told that he would do everything in his power, within the law, to prevent them from being carried out. We were assured the Town Hall would not act impulsively and would continue to stay in close touch with the affected parties and their lawyers. Sr Garcia will return to Seville for another meeting next week with the AUAN..
It was explained that it was in the hands of the Junta de Andalucia to stop these demolitions and within their legal powers to do so. Our continued pressure is therefore one of the most valuable tools we have in our struggle to stop this lunacy.
Meanwhile, support for the planned demonstration on Monday has grown and grown. We have had to increase the number of coaches to take people to Almeria from Albox, and we will be joined there by groups from all over the country. Media interest has also been strong. In the UK many national newspapers have given us wide coverage. Spanish media interest is also very high and we have had sympathetic and widespread coverage. A campaign has been mounted on Facebook (http://www.facebook.com/pages/Stop-house-demolitions-in-Albox-and-other-areas-of-Spain/274981508867?ref=mf ), there is a petition to 10 Downing Street (http://petitions.number10.gov.uk/No-demolitions/#detail ).
Local ‘Albojenses’ (citizens of Albox) are signing a petition and the story is being covered on countless forums and interest-group web-sites in both English and Spanish.
Latest….. The planned demolition of a home in Vera on the 12th of January has
been postponed after last minute legal arguments were accepted.
Our
thanks to all the individuals and media who are supporting us. We still need
you! Please continue to help!
'Today is a very sad day for myself and my
family'
From 'Typically Spanish'
By m.p. - Jan 5,
2010 - 2:12 PM
Alain Duzant’s home in Cártama. Photo –
Alain Duzant
Typically Spanish reader Alain Duzant has just been told he must
demolish his home
We carried the news earlier this week that a protest march has been called in Almería next Monday against eight demolition orders issued to British residents in Albox, whose homes must be demolished as illegal, after the building licences granted by the local Town Hall were challenged in the courts by the regional government, the Junta de Andalucía. Another case in Málaga province has been brought to our attention by a reader of the Typically Spanish website, Alain Duzant, who received notice from Cártama Town Hall on Monday that he has 15 days to demolish his home, or the Town Hall will carry out the work themselves. He commented when he told us the news this morning, ‘Sad …. we are really sad’.
Abusos Urbanisticos Almanzora No
Campaigning to
safeguard our homes
AUAN Press release – 2nd January 2010
Contact info@almanzora-au.org
Protest March – Almeria, Monday 11th
January
No Demolitions!
We are protesting against legal and
planning uncertainty, against bad administration and corruption, against the
failure to respect citizens’ human rights and against the failure of the
administration to comply with European Parliament resolutions including the
Auken report.
Transport to the
March
Available to EVERYONE who wishes to
attend.
Cost
* €6 per person and
additional donations will be gladly accepted. The money will be used to fund the
buses and the legal appeal.
Departure Times on Monday
11th January
9.30 am Albox. Now changed to the fuente next to
the rambla and school.
9.30 am Arboleas Town centre (Maloans
Bar)
Bookings
Reserve your place
by emailing membership@almanzora-au.org
The email should state the number
of people requiring a seat and the full names of those persons travelling and
whether they require Albox or Arboleas pickup.
Payment
Payment is preferred in
advance because we cannot afford to carry the cost of empty seats. Payment can
be made at one of the following venues at the times stated but cash on the day
would be acceptable.
Cantoria - above CRA library
see Bruce Hobday
Tuesday 5th January, 11.30am -
12.30pm
Thursday 7th January, 11.30am-12.30pm
Albox -La
Parilla bar
see Carole Maneely & Tom Jones
Tuesday 5th,
11.30am - 12.30pm
Friday 8th 11.30am - 12.30pm
Arboleas -
Maloans bar
see Dawn & Derick oldfield
Tuesday 5th 11.30am-
2.30pm
Friday 8th 11.30am-12.30pm
Other Information
• The march is
scheduled to commence at 12 noon in Almeria.
• Dress for walking and bring
something to eat/drink.
• The march route is approximately 0.9km.
Abusos Urbanisticos Almanzora No
Campaigning to
safeguard our homes
AUAN Press release – 1st January 2010
Contact
info@almanzora-au.org or call 646506943
En Espanol
ENOUGH IS ENOUGH – THE VICTIMS TAKE TO THE STREETS
British ex-pats in the South of Spain are organising themselves to strongly oppose eight demolition orders recently issued to British residents in the town of Albox, Almeria.
We understand that none of the victims had been informed of the initial proceedings, and indeed the demolition notification has come as a big shock to them. We consider that they were deprived of a proper opportunity to defend the action, and that their human rights have been infringed. The Auan’s legal representatives, and the victim’s lawyers, are attempting to mount a legal challenge to the imminent demolitions, together with the support of the Mayor of Albox, who described the demolition orders as an ‘atrocity’.
Candlelight Vigil 9th January
The
first of two planned actions will be the holding of a candlelight vigil on the
9th of Janurary in the ruins of the home of Len and Helen Prior, pensioners
whose house was illegally demolished in Vera two years ago on that date. This
couple are still living in what was their former garage with no mains water, no
electricity and absolutely no sign of any compensation for their loss. This
event is the result of collaboration between two local groups (AUAN, AULAN)
fighting urban corruption in the area and they will be joined by representatives
from across Spain, including the newly formed National Federation of
Organisations against urban abuse (FAUN).
Peaceful Protest March 11th
January
The presentation, just before Christmas, of yet more
demolition orders to unsuspecting homeowners in the area, again without any sign
of compensation, has been the catalyst for the ex-pat community to take to the
streets and make its voice heard. The AUAN (an organisation of homeowners in the
area campaigning to obtain legal status for members’ property) is organising a
march in Almeria town on the 11th of January to protest against this scandal and
appeal to the authorities to respond to the just demands of those innocent
people who invested in good faith and are now facing the possible loss of their
home and life savings.
We are protesting against legal and planning uncertainty, against bad administration and corruption, against the failure to respect citizens’ human rights and against the failure of the administration to comply with European Parliament resolutions including the Auken report.
We cannot sit back and watch these demolitions and will do everything
possible to avoid this injustice.
NEW March Route (0.9km)
The starting
point for the demonstration is the Puerta de Purchena at midday (12.00). The
route is envisaged to follow the Ramble de Obispo Orbera to the Rambla de
Almería (Avenida de Federico García Lorca). There will be a pause for speeches
in the area of the Obelisk in calle Regina Regente where the march will
terminate at 2 o’clock.
Click on map to view larger more detailed image
We are not prepared
to stand politely by as more unfortunate families are destroyed through no fault
of their own. Recourse to further demolitions will only further damage Spain’s
image abroad. The authorities must be made to realise that to continue with
these actions is not acceptable, is contrary to the rights of its citizens,
attracts damaging and hostile publicity and is tantamount to economic suicide in
this region.
Support
We ask all citizens and
groups who wish to raise their voice and make their presence felt to turn up and
support us.
For further information contact info@almanzora-au.org or call
646506943.
Abusos Urbanisticos Almanzora No
Campaigning to
safeguard our homes
AUAN Press release – 30th December 2009
Contact info@almanzora-au.org
Please be advised that the AUAN committee has now identified and spoken
to all of the homeowners who are subject to the 8 demolition orders. The policia
local have served papers on 4 households so far.
Thanks to everyone in the community who helped us to search.
Locations
La Horticheula (2), La Aljambra (2), Las Labores(1), Las
Pocicas(1), Rambla de la Higuera (1), Saliente (1)
Two households belong to AUAN members.
History
• All of the houses are in possession of building licences granted
by Albox Town Hall in 2002.
• The building licences were impugned by the
Junta de Andalucia in late 2002 due to the perceived risk of an urban nucleus
arising in accordance with provincial planning rules.
• The Court in Almeria
nullified the licences in 2003.
• In 2006 the Junta de Andalucia requires
that the Town Hall takes steps to demolish the homes.
• In 2007 the Almeria
Court orders the town hall to comply within 10 days.
o The Town Hall appeals
against this order.
o The Junta Argues against this appeal.
• In 2009 the
high court in Granada dismisses the Town Halls appeal.
Facts
• None of the homeowners were asked to participate in the
proceedings.
• Two of the homes were re-sold during the time period described
above.
• The majority do not have the funds to fight this.
• Our advisors
tell us that the proceedings are well advanced. This is a very serious
situation.
• The notices were served on the 22nd and 23rd of December.
What has been done?
For the past few days we have concentrated on
finding the victims and ensuring that they were properly informed and had access
to legal advice.
The AUAN lawyer has now commenced a time critical procedure to seek injunctions against these proceedings on the basis of lack of communication to the owners and other factors. He will be assisted in this task by an expert in Spanish human rights law. We are funding this activity.
What’s next?
Members of the AUAN, AULAN and their friends are gathering in
an act of solidarity at the former home of Len and Helen Prior on the 9th of
January, the second anniversary of their demolition. We will be joined by
members of the AUN in Valencia and the newly formed National Federation of
Organisations against urban abuse (FAUN).
The AUAN committee tonight voted to organise a protest march in Almeria on Monday the 11th of January. In the words of one committee member “After what we have seen on the faces of those people we have met over the last couple of days how can we not do this”.
Who’s next?
We have today learned that the Junta de Andalucia have served
notice of their intention to demolish a house in Vera on the 12th of
January.
What can YOU do?
Do not stand silently by as more unfortunate families are
broken apart and financially ruined through no fault of their own. The
authorities must be made to realise that to continue with these actions is not
acceptable, is contrary to the rights of its citizens, attracts hostile
publicity and is tantamount to economic suicide in this region.
• Support
the March.
• Join us or make a donation. Contact
membership@almanzora-au.org.
• Make your voice heard!
Residents stop property demolitions in
Chiclana
By h.b. - Dec 19, 2009
From Typically Spanish.com Original Article
Ten properties were to have been demolished on Friday in the Majadillas
Bajas district of the town
200 people in Chiclana on Friday managed to stop the demolition of ten illegal properties which had been denounced in 2007 over the lack of building licence.
Many of the residents of the property say they have nowhere else to live and one of them told El País that if the Guardia Civil knocked on her door she would slit her wrists.
Chiclana Town Hall calculates that there are 15,000 illegal properties in the municipality, and yesterday the legal period to carry out the demolition of ten of them in the rural area of Majadillas Bajas under a judge’s order expired. All ten in fact have a single owner, who has rented them out for 550 € a month, many to people in poor financial circumstances.
The protest of some 200 residents yesterday sent the company contracted to
carry out the demolitions away, while the company concerned said that it lacked
some documents to complete the order. The Town Hall says the delay in the
demolition of the properties is only temporary.
Video footage of prevention of demolition Acknowlegement to LaVoz Digital TV
European Court of Human Rights slams Spains' slow justice
The Reader. Tuesday 15th December 2009
The
European Court of Human Rights has criticised Spain for its "slow" justice
system. The case was presented by Martín Vicente Llavador, a Spanish citizen
from Alicante, after his case was accepted in 1999 only to be thrown out four
years later for insufficient evidence. The ECHR found Spain to be in breech of
article 6.1 of the European Agreement on Human Rights, which states that all EU
citizens have the right to "·speedy equitable and effective justice".
Sr Vicente presented a complaint against a decision by the Valencian Development Ministry that affected land which he owned in Bocairent (Valencia). After his complaint was dismissed by the Minsitry, Sr Vicente appealed to the local court for a ruling (recurso contencioso-administrativo) which was partially admitted in May of 1998 by the Supreme Court of the Community of Valencia.
However, the case was finally accepted by the court in 1999 and the Court gave the other party 30 days to submit evidence for the trial. As nothing was ever received, it took almost four years for tyhe case to be reviewed, at which point (in November 2002) the Court ruled that too much time had passed and archived the case without hearing it.
Sr Vicente then appealed against this decision, and his case was accepted for trial by the ECHR.
The sentence condems Spains slow justice system and theoretically opens the way for the EU to insist that Spain speeds up its justice system. It also paves the way for Sr Vicente, and others in a similar situation, to ask for compensation from the State for infringement of their human rights. It could also allow Sr Vicente to reopen his original case.
Six Arrested in Lliber Housing Fraud
AULN 15/12/2009
On Sunday 15th December Guardia Civil officers arrested six people, one of them British, all linked to construction companies involved in the illegal building of some 300 homes in Lliber, Alicante Province. The six are accused of fraud and planning related crimes, and are linked to an ongoing investigation into the activities of the former PP Mayor and Town Architect during the period 1999-2003.
Expats' home march
Illegal home owners march to town hall
credit to Dave Jones, Costa Blanca News, 10th December 2009
AFTER holding a street demonstration in the village on Wednesday,
protestors told Catral's mayor Aurelio Albero they cannot afford to pay the
asking price to legalise their homes.
Around 200 illegal home owners met outside the Casa de Cultura at 11.00 in order to march to Catral town hall.
They are angry they are being asked to pay a series of charges in order to legalise properties which were constructed without building licences on rural land.
The demonstrators carried banners stating that they have been the victims of corruption and calling for the builders to foot the bill.
Protester Trevor Bagnall told CBNews he and wife Patricia bought their villa in 2004.
He said everyone in the purchasing chain, from the builders to the estate agents, had assured them the property was legal.
"The council have said that we now have to pay for the infrastructure," he said.
"But we don't want to be urbanised. We live in the country and we want to stay that way".
"We are pensioners and are having more and more charges put on us and we can't afford it".
Mr Bagnall spoke of his frustration because 'every day we are told something different'.
Read more in this weeks Costa Blanca News edition
Juan Antonio Roca takes Marbella Town Hall to court
for unfair dismissal
The ex
Municipal Real Estate Assessor is at the centre of the Malaya corruption
case.
By...Typically Spanish. h.b. - Dec 7, 2009 - 7:39 PM
Despite being at the centre of the massive Malaya corruption case and facing a whole series of other charges related to real estate irregularities, and being accused by Hacienda of laundering at least 12 million €, the ex Municipal Real Estate Assessor of Marbella Town Hall, Juan Antonio Roca, is claiming unfair dismissal from his post.
Money laundering reaches 1 billion Euro in Marbella
cases
Court documents from the
three main corruption cases in the town list the amount.
By...Typically Spanish. h.b. - Dec 8, 2009 - 9:44 AM
The three large corruption cases based in Marbella, ‘Ballena Blanca’, ‘Malaya’ and ‘Hidalgo’, are now thought to have laundered more than 1 billion € between them since 2005 according to their respective court summaries.
Phone tapping "admissible" in Zurgena case, court
says
Recorded telephone calls to be
used as evidence against mayor and 24 other defendants
By Richard Torné, Costa Almeria News, 27th November
2009
SPAIN's supreme court last week upheld a decision to allow phone tapping to
be used as evidence in an ongoing corruption investigation against Zurgena's
mayor and 24 other defendants.
More...
Urban planning conference to sidestep talk on
corruption scandals
Albox symposium
on ‘the model city’ just “a talking shop”, according to expat association
By Richard Torné, Costa Almeria News, 27th November
2009
URBAN planners and politicians will be holding a three-day conference on creating ‘the model city’ in Albox amid the latest backdrop of corruption scandals in Almería.
Up to five official bodies, including the Junta de Andalucía, Albox council and the local businessmen’s association, AEPA, will take part in the fifth symposium on urban planning in the Almanzora valley, starting today, November 27.
Entire Towns are illegal in Almanzora – and in the
courts
El Mundo, M. Cabrera,
Almeria 20th November 2009
Agents for the Service for the Protection of the Environment (Seprona) and of the Judicial Police of the Guardia Civil under the Almerian command have in recent years handled dozens of sworn statements on illegal constructions in the municipality of Arboleas and other towns in Almanzora, especially Zurgena and Albox, following complaints in most cases by individual citizens.
Among the complaints investigated is the one made in October 2006 by Ecologists in Action ( Almeria ), which reported the existence of hundreds of illegally built houses in seven districts of Arboleas, ruled by the socialist mayor Angel Garcia, and projects to build another 6,000.
Among the most serious cases, environmentalists referred to the nucleus of Los Carrascos, which in that year had reached the same population as the town of Albox , and reported that further moves were being made to build more illegal houses to again double that number. The sworn statement at the time was directed to both the the Environmental Prosecutor and the Court in Huércal-Overa.
The Civil Guard officers who attended the Almanzora valley to investigate complaints attested to the existence of "whole villages built on greenfield sites’, which were, of course, mentioned in the subsequent statements.
Most complaints were filed around 2005 but have continued to drip feed up to
this year, and for the most part the illegality of the construction has been
confirmed - no secret in a region, where according to estimates of the Junta de
Andalusia there are more than 5,000 homes built outside the law.
Hence
the Ministry of Housing, the head of which is Juan Espadas, has devised a plan
of inspection that includes the majority of municipalities where illegalities
exists (including the three mentioned) Once the count is completed each case
will be analysed to try and regularize the majority with due consideration to
the criteria set by the Law on Urban Planning in Andalusia (LOUA).
Property Developers, Promoters and Construction
Companies are above the law
By Keith
Donovan - Nov 24, 2009 - 1:12 PM
Following our last piece on the
Almanzora Valley, Typically Spanish reader Keith Donovan has sent us his
opinion. More.....
Owners of illegal houses in Almanzora ask the Junta
to hurry up
The
British community claims that homeowners were swindled
Rosabel Rodriguez, El Pais, - Almería – 23rd November 2009
Original article HERE
"Many of us will be dead before the situation of our homes is resolved,"
says Mike Phillips, owner of one of the 5000 buildings classed as ‘fuera de
ordenacion’ in the Almanzora Valley, were one finds the town of Arboleas. This
week its council was served with a court order looking for evidence of urban
crimes.
After holidaying in Spain several times, this retired English engineer decided to fulfil his dream of living by the coast, and spent "a lifetime's savings," some 200,000 euros in the acquisition of a house in Albox, a town to which he moved with his wife five years ago.
The idyllic plan devised by this couple became a mirage in just a few months, when the businessman who sold them their house, promising that everything was legal, simply disappeared when his deception was discovered. "We have not enjoyed a single day of our retirement since then," laments Phillips, who is vice president of the association Abuse Urbanísticos Almanzora No, a collective that unites 400 of the thousands of British citizens have also been affected by the development fever that has spread in this remote and quiet area over the last decade.
The allegations of alleged illegal construction of housing in greenfield sites in various municipalities in the area-including Albox, Partaloa, Arboleas or Zurgena - began to proliferate three years ago. The mayor of Zurgeana and the councilman for Urban Development, both from the Pardido Andalucista were detained for alleged planning corruption in April 2008.
The British group, which estimates that the courts in Huércal-Overa are currently investigating the situation of up to 2,000 properties, began to organize, sending their complaints to the European Parliament and mobilizing to demand solutions to urban chaos that has also condemned hundreds of householders to live without electricity or water. This happened to Charles and Geraldine Day, a married couple living in a rural area of Albox, who consider that their "most basic rights" have being “trampled” since they moved to Almeria in 2006.
To try to remedy this situation, which became especially complex after the demolition of a house belonging to a British couple in Vera in January 2008, in September of that year the Junta and the municipalities of Zurgena, Albox, Cantoria, Arboleas, Partaloa, Lubrín and Albanchez all agreed to cooperate in developing inspection plans to identify the number of illegal houses and the exact location of each.
This initiative, still unfinished, will (according to early estimates of the
delegate for Housing and Planning, Juan Caparros ) regularise 95% of these
buildings – an initiative that has not escaped the suspicion of the British
community. This is still far from the solution for houses constructed outside
the law that both the owners and Ecologists in Action estimate to be more than
10,000. Justice is taking its course, with multiple open proceedings relating to
urban crimes committed in the area.
Crunch time for illegal houses
The most ambitious project to
regularize houses in Andalusia is met with rejection by the residents of
Chiclana, who are asked to foot the bill.
Pedro Espinoza, El Pais – Cádiz – 22nd November 2009
Original article in Spanish HERE
During the past 30 years they
grew like mushrooms. And now getting rid of them will not be easy. The council
of Chiclana (Cadiz), aided by the Government of Andalusia, has commenced the
final phase of one of its most ambitious and complex objectives: to regularize
more than 15,000 illegal homes. It is seeking the solution through ordinances
that have divided the city into areas and by securing the provision of basic
services like drinking water or sewerage. The cost must be borne by the
homeowners who built without permission. And that is the problem. Those who have
lived for years in unlicensed houses are not willing to pay the costs demanded
by the town council, headed by the Socialist José María Román. They consider
them to be exorbitant. If the residents do not pay, the plan is doomed to
failure and will indefinitely extend the complex irregular planning situation in
the city. It will also put into question a policy that the regional government
wanted to extend to other parts of the community.
The demonstration yesterday, which gathered more than 4,000 people, was the public expression of those who oppose the legalization process driven by the socialist municipal government. The inventory conducted by the Department of Housing and Regional Planning states that there are 15,007 illegal homes in Chiclana. Of these, 10,632 are within the new areas of basic management and fall within this process of legalisation which began with the opening of an office and has continued with the elaboration of by-laws that define the steps to be followed and sets the costs, that according to preliminary estimates are between 30,000 and 140,000 euros. Within this price are the administrative costs to legalize the houses and work to provide basic services such as lighting, drainage or water supply.
But many are not willing to pay this money. And it's not a political issue. They also rejected the ordinances proposed by the previous government of the PP and IU. It is an economic issue. "It's impractical, especially in these times," says Miguel Perez, spokesperson for the platform that called the demonstration. Most ask, with the support of local opposition, that the Junta and the City Council should pay 75% of the costs. They argue that both administrations allowed illegal houses to mushroom out of control in Chiclana for years.
The latest proposal of this platform, which includes a number of associations, is that owners should pay for the most essential basic services and that the Council should delay the rest of the project until they have a new general plan because the current plan is annulled by the TSJA.
Others, like José Antonio Sanchez, of the Federación Norte, proposed that the City Council should (endorsed by the Junta), request a large loan of EUR 360 million (estimated cost of the regularisation) and that the owners should repay it to the council in monthly instalments not above 80 euros. "Banks are not going to give loans to everyone to pay the costs they are asking for," he warns. The neighbourhood movement, which also incorporates political overtones, has also produced the Chiclana justa platform, a group that does not want public money i invested in helping those who built their houses without permission. "Those who didn’t pay should pay now," says its spokesman, Jose Izquierdo.
The city council is in a difficult position. It must find ways to reduce
cost: loans, extension of deadlines or individual works contracts. But everyone
is still not convinced. Without residents willing to pay, the mushrooms of
illegal urbanism will remain in Chiclana.
AUAN PRESS RELEASE 21st November
2009
Contact:
info@almanzora-au.org
Transparency is the Key
The recent ‘Police raid’ in Arboleas has generated a great deal of media interest, leading to the AUAN being asked to comment on the situation. The AUAN are unable to comment directly about the case, because we are not party to what is happening there. However, the steady revelation of cases of alleged urban abuse in the Almanzora Valley, and throughout Andalucia, no longer surprises the AUAN. What is a surprise, this time, is that an authority controlled by the PSOE no longer seems to be immune.
The AUAN was refused access to see the recently published proposals for the Arboleas Town Plan when it was announced. ALL authorities must accept that TRANSPARENCY IS THE KEY to ensure that future problems of this nature are avoided.
The Almanzora Valley continues to struggle with the massive illegality (11,000 properties according to the Juntas own figures). This overbuilding has been a disaster for everybody. 50% of our members are still without mains electricity and /or mains water. The Junta has shown itself to be totally incompetent – first in failing to control the development, and now in failing to resolve the problem. We now hear politicians stating how the expats must pay for the infrastructure......we have already paid! We hear politicians excuses for not solving the problem...’the law is the law’. Good Governments change bad laws!
The courts seem powerless to redress the injustices and punish those responsible for the chaos. Cases brought for fraud against builders and corrupt, or incompetent, solicitors are lost in the mountain of similar actions, the cases dragging on for years. The demolition of the Prior’s home, without compensation, continues to cause outrage amongst the expat community........and their case continues to drag through the courts! 2 years after their home was demolished, these Pensioners are still living in their garage.
The damage to Spain’s reputation that has been done by incompetent
authorities over the last 8 years is immeasurable. Only an open and transparent
urban planning regime will convince expats that it is safe to invest their
savings in Spanish property again.
Police swoop on Arboleas Town Hall
From: thereader.es, 16 November 2009
The
autonomous police force of Andalucia have seized paperwork from Arboleas
townhall in an investigation believed to be linked to urban corruption in the
municipality during 2007.
more of the original 'Reader' article here
The Junta says that the homeowner must pay the costs
to regularise illegal
homes
Translated from www.soitu.es, 1st November 2009
Sevilla .- The Minister
for Housing and Planning, Juan Espada (right) underlined today in the Andalusian
Parliament that each resident should meet the costs to regularise their illegal
homes, because "it is not acceptable" that these costs should be bourn by the
administration.
In a hearing requested by the Pardido Popular Group to
address illegal urbanism in Chiclana de la Frontera (Cadiz), the Minister has
reiterated that it is not possible to consider a "general levy", as proposed by
the PP, so that the governments can pay the regularisation costs for those who
built "without worrying about the paperwork."
"It is not acceptable" nor
"will it be tolerated by Andalucians or the Junta" to raise the possibility of
payment for those who "took advantage" and made their homes regardless of
legality, indicated the Minister, who guaranteed that there will be no "amnesty"
for those residents.
PP Deputy Teresa Ruiz-Sillero, meanwhile, indicated
that residents of Chiclana (where she states there are 40,000 illegal houses)
are "up in arms" because they cannot afford the costs of regularisation to
obtain services such as water, which is calculated at 24,000 euros.
The
minister, meanwhile, said that there are 15,007 buildings in Chiclana on 'suelo
no urbanizable', according to a study by the City Council, and said that
fieldwork will now be performed to prepare a file on the status of each of them.
The PP deputy proposed that one third of the cost of regularisation of
these homes (the proliferation of which she blamed on the PSOE) should be bourn
by the council, one third by the Junta and the rest by the residents.
The Minister, meanwhile, said that these residents had money when the
illegal houses were built and now they do not have it to pay for regularisation-
urging them to "be reasonable" and "ask for credit" to meet the costs assuring
them that the administration would not do so.
Espada recalled that the
PGOU for Chiclana focuses on normalisation of existing settlements and already
provides the infrastructure and facilities so that the town is incorporated into
the metropolitan area. Thus, the Chiclana municipality is one of those that
addresses the regularization of illegal properties, as proposed by the
Andalusian Ombudsman and integrates with the Territorial Plan of the Bahía de
Cádiz.
The Minister revealed that 118 Andalusian municipalities have
requested the cooperation of the General Directorate of Territorial Inspection,
Town Planning and Housing for the approval of their municipal plans of
inspection
Original
Article in Spanish
Cantoria - 47 Homes to be
Legalised
AUAN Press Release, 3rd November
2009
Cantoria town council published a
proposed amendment to their town plan on the 22nd September 2009. Our local
representative asked for, and received, a copy of this plan from the mayor of
Cantoria on CD during the 30 day public review period and we engaged a town
planner to review it.
The proposed modification relates to approximately
10 hectares of land situated between 'Media Legua' and 'El Flax' in Cantoria. It
seeks to reclassify land which is currently non-urbanisable (rustic land) into
an urbanisable sector thus legalising 47 houses already standing in that sector
and confirmed in the document to be currently 'fuera de ordenacion'. 5 of these
houses belong to AUAN members.
This represents a reversal of fortune for
these homes. In July 2008, the adapted plan for Cantoria placed homes in this
sector (and others) on protected land. The AUAN issued an objection to this plan
on behalf of its members followed by a submission to the courts when the
objection was ignored. In subsequent discussions with the town council the
protected status of the land was removed.
The AUAN has issued an
expression of support to the town hall, with respect to this amendment, and we
have issued a request to 'personalise the association in the administrative
file' on the basis that we have members that are directly affected by the
proposal, even though, due to the irregular nature of their properties they
cannot participate in the development process.
We would like to monitor
progress because difficulties may arise if any of the existing land owners are
unable or unwilling to pay their contributions towards the urbanisation of the
sector. It should be noted that the plan is still subject to approval by the
Junta de Andalucia.
The planning document indicates that the 3.8 million
euros cost of urbanisation will be born by the landowners. This includes the
installation of a sewage treatment plant.
Timescales:
Maximum time period for the sector to be
developed - 3 years following definitive approval of the current proposal.
Maximum time period for drawing up and approval of Urbanisation project - 1 year
following definitive approval of the current proposal.
Maximum time period
for drawing up and approval of Reparcelisation project - 1 year following
definitive approval of the current proposal.
Maximum time period for starting
of urbanisation works - 6 months following definitive approval of
Reparcelisation project - With a maximum period of 24 months in which to
complete the works.
En
Espanol
Latest corruption scandals - When will it
end?
A digest of news
reporting from typicallyspanish.com, week ending 1st November 2009
ANDALUCIA
El Ejido
- El
Ejido town hall searched in money laundering swoop
- Suspects
arrive in court
- Mayor's
wife charged
- Company
administrator and sons imprisoned
- More
suspects imprisoned
Sorbas
- British
man implicated in illegal developments
Marbella
- Tax
authority claims that Juan Antonio Roca laundered at least 12 million
euros
Protest in Valencia
VALENCIA
-Thousands
march in Valencia for the resignation of the regional
president
CATALUNA
- Judge
Garzon sends five to prison in Catalan corruption scandal
- Millions
in illegal commissions reported
- National
court orders search of three town halls in Cataluna
COSTA
CALIDA
- Two ex
officials at Murcia regional government to be investigated again in Puerto Mayor
case
Questions raised in the House of
Lords
AUAN, 31th October
2009
In response to submissions from the AUN to the House of
Lords, Lord Burnett, Vice-chair of the Legal and Constitutional affairs group
raised the following written questions to the House of Lords on the 28th of
October.
By convention replies should be issued by the 11th of
November.
Lord Burnett to ask Her Majesty's
Government what assessment they have made of the report prepared by Margrete
Auken MEP, dated 20 February, on the impact of extensive urbanisation in Spain
on individual rights of European citizens; and whether they have raised the
matter with the Prime Minister of Spain. HL6107
Lord Burnett to ask Her Majesty's Government
what action they have taken in response to the petition delivered to No 10
Downing Street on 12 March by Suzanne Wyatt concerning United Kingdom citizens
who have bought, or attempted to buy, property in Spain: and whether they have
raised the matter with the government of Spain.
HL6108
Lord Burnett to ask Her Majesty's
Government whether they will make representations to the government of Spain
about the level of compensation paid to United Kingdom citizens for properties
nationalised under the Ley de Costas.
HL6109
Lord Burnett to ask her
Majesty's Government what assessment they have made of the number of properties
owned by United Kingdom citizens in Spain which may be demolished following
revocation of planning permission, in the light of assurances given to the
Parliamentary Under Secretary of State for the Foreign and Commonwealth Office
on his recent visit to Madrid that no, or very few, properties owned by United
Kingdom Citizens would be demolished.
HL6110
Not our
remit
British Consulate dispels
rumours over Honorary Consul's meeting with Albox mayor
By Richard Torne, Costa Almeria News, 30th October 2009
THE
British consulate in Malaga has been forced to clarify a statement made by Albox
council after claiming it had held talks with the British Honorary Consul about
the illegal building crisis in the area
Read
more....
Corruption scandal rocks El Ejido
council
Mayor accused of embezzling 150 million euros
By Matthew Pritchard, Costa Almeria News, 23rd October
2009
EL EJIDO council was this week embroiled in one of the
largest corruption scandals in the province's history.
More than 60
police officers raided El Ejido town hall on Tuesday after the public prosecutor
launched a major corruption investigation in the municipality codenamed
Operación Poniente.
Read
more....
A Statement from the AUAN committee - 29th October
2009
With respect to the recent assertion by Roger Done
of the arboleasnow.com help desk team that a spokesperson for the AUAN attended
the recent public meeting for La Perla residents on 23rd October - This
is not correct. The president is the spokesperson for the AUAN and she
was in Madrid (at her own expense) attending the inaugural meeting of the new
national federation of organisations against urban abuse.
Indeed no
committee member or spokesperson for the AUAN attended the La Perla meeting but
several members did attend because they live in that area. As we have read so
many conflicting reviews of what was said we can't comment further on this.
With respect to Roger's assertion that the AUAN is about to take out a
denuncia against the mayor of Arboleas - This is also not
correct.
If any member of the public wishes to obtain some
accurate information about the AUANs activities with respect to the latest
amendments to the Arboleas plan, can we please refer you to our press release
dated 22nd August 2009 which can be found on our website www.almanzora-au.org
(See Latest News section). This statement was also published in a number of
local English and Spanish language newspapers and forums around the time of its
release and it clearly outlines our reasons for filing an objection to these
amendments.
We are now waiting for Arboleas council to formally respond
to our objection. If they fail to do so or we believe that their response is
incorrect in law we have the option to ask a judge to make a ruling on this
matter. Given the nature of our complaint it is unlikely that this action (if
taken) would impede the progress of the plan. It would however clarify the
councils' obligations to its citizens with respect to transparency and public
participation in the planning process. However, we will not go down this route
if it clashes with the overriding public interest of the legalisation of our
homes. Anyone who understands the aims and objectives of our organisation should
know that.
Roger made some additional comments on the arboleas.co.uk
forum which also require a response:
"I believe that the plan does
not perfectly fit into the LOUA rules, there has been a lot of fudging. But it
is the only way to get the plan produced, and the Junta have indicated that they
will approve it." (Roger Done)
We are surprised that Roger, who is
now a member of the PSOE executive in Arboleas would publicly make such a
potentially damaging assertion. Roger should clarify what he means by "fudge"
and what the "fudge" will consist of exactly. He appears to be stating that the
new plans will not comply fully with the Andalucian Planning Law (the LOUA). The
LOUA is binding on Town Halls and any planning changes which do not comply with
it are illegal, as would be illegal any planning permissions, "regularisations"
etc.
These statements are surprising to say the least, and potentially
serious. Roger would best be advised to take legal advice on what he is saying.
Further, the AUAN is not in a position to comment on the proposed
changes because our Planner has been unable to fully review them.
However, we CAN say that the AUAN was given full access to the
adaptation of the current town plan (of 2001) to the LOUA. We did not file an
objection to this plan and it was definitively approved in June 2009.
"Also the Mayor has extended the consultation period up to
approval by the Junta."(Roger Done)
The AUAN has received no
official response to its request for an extension and there is nothing on the
official bulletins of the province (BOP) to this effect. Bearing in mind that an
official extension of the consultation period also extends the period in which
objections can be filed, we must ask Roger to check his facts on this
point also.
Given the statements you have made, Roger and so we
all know where we stand it would be helpful if you could confirm your status in
all this, and if you could in particular, respond to the following
questions:
What is your position on the executive committee of
the PSOE in Arboleas?
Who funds the arboleasnow.com
website and the help desk?
Does the help desk represent
the Town Hall?
What is its official nature?
Lastly Roger it may be that you are earnestly trying to help people but
you should bear in mind that Spanish planning law is highly technical and
complex. That is why the AUAN uses the services of a Town
Planner. A layperson should be very careful when they enter into this field - it
is a bit like a fireman trying to undertake brain surgery.
Regards,
AUAN Committee
Candido Trabalon mayor of Zurgena
"the
judge is suggesting to promoters that they testify against the
council"
Translated from La Comarca, Ricardo
Alba, September 2009
The mayor of Zurgena, Candido
Trabalon, in the public eye because of Operación Costurerro, speaks to La
Comarca after a period of almost total silence.
Candido Trabalon is more
affected by the manner in which he was arrested whilst taking his children to
school than the long wait for the trial to establish the guilt or innocence of
those implicated in the notorious 'Operacion Costurero'. From that day until now
the Trabalon children see a psychiatrist at the suggestion of the school.
The mayor cannot explain how it came to this. "What we did, we did according
to the rules of our municipality, with full reporting. We have not committed any
atrocities or done anything crazy, we have simply given licences and some houses
have been built: everything else is a fabrication by the prosecution, by the
Guardia Civil, or the judge, or whoever… but everything is a fabrication".
You are accused, amongst other alleged crimes, of having pocketed
three thousand euros. Only three thousand? Lots of laughter. That's
what they say now. When we were first detained the indictment said that I had
hidden 12,000 euros in an account. When I was questioned in the cells I didn't
know what they were talking about. When I got home my wife told me of my sons'
first communion. We said this in court, because effectively it is a fact, and we
have heard no more about this charge. This judge has summarily removed the
12,000 euros and invented 3,000 euros. I don't know what the 3,000 euros is all
about. If they ever let us see the indictments -which we haven't been able to do
from a week after our lamentable detention - for us it is as if there is a
secret investigation - in fact there is because we have no documentation and
nothing that we can look at. We can't defend ourselves against half the things
they accuse us of because we don't know exactly what the charges are and we
can't see the documentation.
Now, tell me the truth. How much have
you made? Firstly, I have worked hard and taken my monthly salary. In
the beginning I made one thousand euros per month and from a couple of years ago
I made two thousand euros per month. That's what I have made with the added
satisfaction and happiness of getting the job done and pride that my people love
me - that is what I have made. In return I have tried to improve Zurgena more
and more but in the last few years because of these stories, things are not
going so well.
Justice is slow. But it this case do you believe that
it is purposely slow? Frankly I think so. Look, it is not normal or
logical that we cannot see the documentation. At most, we only want to see the
documentation that we contest and if we could question the judge and could
respond, at best, I say that it could be cleared up. I will give you an example:
I have been accused of issuing a certificate of antiquity for a house and that
this house does not exist. But today, two years later, I haven't been told who
this certificate was issued to, where this house is, or if it is true that there
is a house or not, and if it is true that I issued this certificate or if that
is also a lie. I think that things could be speeded up to get to the final
truth.
At the meeting of all the mayors of Almanzora with the
delegate for Territorial Planning and Housing.. was it not made clear how they
intended to address the issue of housing in Zurgena? I don't know what
meeting you are talking about. I have not been to any meeting. I know the
meeting of which you speak but I was not at this meeting.
Hombre,
don't tell me that, you are in the photograph! I repeat, I was not
invited to any meeting and I don't know how I could be in this photograph,
unless it is for another meeting.
Is it possible then that the
illegal or irregular houses of Zurgena will get the same treatment as other
towns? We issued the licences under the urban planning rules that were
in place at that time in the municipality. Today we strictly follow the same
rules - they are not new, they are rules that have existed for 30 or 40 years.
Therefore, during all these years we have been building in the districts of
Zurgena - now suddenly none of the districts are urban. La Alfoquia which is
four or five times bigger that the town of Zurgena- how come none of the houses
are now urban? Nobody believes that. The Guardia Civil barracks the doctors
surgery, the school and even the Zurgena nursery school would not be legal: We
are talking about 1,500 homes in Zurgena that have been built for over 20 years
and now we have built 500 more...Why?...because from within and without we have
been growing in a natural way like all other towns.
One of the
accused in "Operacion Costurero" has claimed that the judge suggested that they
change their testimony to testify against Zurgena and, in exchange, their own
charges could be sorted out. Do you know if this is true? I haven't
heard this, I have read it. You speak to me of one accused but I have been told
that it is more than one. More than one promoter has told me that the judge has
proposed something to them. Apart from this, more than one British person in
Zurgena has told me that they have been called before the judge and once there
it has been hinted and openly stated (because they did not understand the
interpreter) that the only solution was that they should denounce the council if
they did not want their houses knocked down. I have heard this from more than 15
people. What would you say to the judge if you met him face to face?
I don't know. At best I would look him up and down but would not say
anything. Because, if I did say something, I would probably say something less
than nice. I think that he could tell from my look that I think that he is doing
things that are not normal. It is not normal that we have gone beyond the
pre-trial procedures and I, the mayor of Zurgena, have not been called to
testify. He knows that he is not doing the right thing and that we are being
crushed. And worst of all, is that two years ago they entered Zurgena council
like thieves and took any document that they wanted: taking documents that
should not leave the municipality, because custody of these documents belongs to
the Secretary of the Council, and leaving us with nothing because they took the
originals. We have requested the return of the documentation in 8 or 10 letters
to the judge because we cannot serve our community when all these documents and
a thousand more items have been removed from Zurgena council. Now he says that
Zurgena council need not be party to these proceedings, excluding us from all
proceedings that are against the houses because according to the judge it is
none of our concern. They have the computers, the documents, they have
everything that we asked them to return and this was the straw that broke the
camels back and caused me to raise a complaint against the judge because I
believe that his actions are wrong.
What are your spirits
like? Up and down. Sincerely, I don't like it at all. In the towns, and
my own in particular, every time one of these stories appears, it causes damage.
People ask me questions, some look at me and the majority say it's the truth or
a lie. Whether you like it or not, for example, if I put my name in the internet
all the news of our arrests from 3 years ago will come up. There are photographs
that show me in handcuffs which is not nice. The children see it and it makes me
feel very bad. One draws strength from the fact that there has been no attempt
at clarification and I have to keep fighting for this to come to an end. Some
days are good, some days bad. What has happened is very, bad, bad, bad but I am
proud of what I have done for my town from the first day to this day. The price
I have paid is lamentable and very sad but if I had to I would do it again for
my town because it is my purpose and my town elected me as mayor.
Original article in
Spanish
La
Comarca
Interview with Willie Meyer
Thereader.es, Almeria News, 8th
October2009
Willie Meyers is an Izquiera Unida (United Left coalition) MEP who
recently asked to come down to Almería to see for himself the damage wrought in
the province by uncontrolled building. As one of the original backers of the
Auken report, which heavily criticised the regional and Spanish governments for
allowing urban abuse and infringement of EU citizens rights, and as a born
Andalucian, he is naturally concerned about the destruction of the
province.
Read
More
Junta restarts court action against the
Priors
Couple shocked by regional government's decision to ratify
demolition of their home
Richard Torne, Costa Almeria
News, 8th October2009THE JUNTA de Andalucía has
dealt a body blow to the Priors by starting new court proceedings to ratify the
demolition of their house, it has emerged.
Read
More
Demolition risk for Antonio Banderas
house
Thereader.es, 2nd
October2009
Andalusia’s high court, the
Tribunal Superior de Justicia de Andalucía (TSJA), this week ruled against an
appeal made by Antonio Banderas to suspend the demolition of part of his home in
Marbella. The demolition order was made after an association of Banderas’
neighbours in the Los Monteros urbanisation accused the actor’s home of invading
a service area.
Read
More
AUAN Raises concerns about latest amendment to Albox Town
Plan
AUAN Press Release 29th
September 2009
Albox, in common with some other towns in the Almanzora valley has a
serious problem with illegal houses that blights it reputation and its economic
prosperity. Despite the passage of time, and much discussion with the town
council and the Junta de Andalucia, the situation for the vast majority of those
impacted has not changed and they still live with major legal uncertainty. 50
householders have been summoned to court this week alone for judicial
proceedings involving their promoter.
After 4 years of denial and
dithering, we had the inventory of 'irregular' houses which has (thus far)
identified 7,000 houses in Albox. However, at this point in time, the town hall
informs us that the inventory for Albox is incomplete and our members have been
refused access to check their recorded details, despite the existence of data
protection legislation which entitles them to do so.
We were advised in
our initial meetings with the relevant branches of the administration that
"micro surgery" was required to repair the damage caused by urban abuse. Well,
it is pretty clear from the inventory that major surgery is required and,
furthermore, that the doctor is not planning to tell the patient that he needs
treatment!
We have long requested that a working party be established to
allow for a rigorous and detailed study of this problem with the participation
of representatives of the affected homeowners. We were told that 'lobbies' are
not common in Spain. (A curious response given the reality of the numerous
associations in Spanish society).
And now we have the first significant
modification to the Albox Town Plan affecting 38 separate "rural settlements"
between Albox and Saliente. (Rambla Saliente : Fuente-Oro, Saliente Alto,
Aceiteros, Candidos, Marianos, Jiminez, Molinas, Rodriquez, Santa Barbara,
Lugarico, Pocicas, Petacas, Leoncios, Patricios, Graneros, Fuente Carmen,
Coloraos. Rambla Oria: Martinez, Fuente Mojon, Guinapos, Prieto, Simones, Llano
Espino, Ventarique, Llanos Animas. Rambla Albox: Piedras, Fuente Capita, Quiles,
Locaiba, Paredes, San Roque, Fuente Marques, Lobdar, Toretta, Molata, Segovias,
Canico, Dira.)
The AUAN has commissioned a review of this amendment and
we have some serious questions to ask!
Who benefits
from this amendment?
Only a tiny proportion of our members' homes
are impacted by this plan (18 to be precise). Why were these areas given
priority over La Alhambra or La Horticheula for example?
Micro
Surgery or Lethal Injection?
There is little good news for members
who did make it onto this plan. Two homes in Canico and Pocicas respectively
have been zoned on specially protected farmland (zona de protección de cultivos)
and fifteen members' homes in Los Patricios, Parades and the urbanisation know
as "Palmares" have been zoned on non urbanizable land protected by special
legislation (suelo no urbanizable de especial protección por legislación
especifica). We believe the latter designation to be a drafting error but we
have filed an objection for the avoidance of any doubt because a 'protected'
designation places your home in a very bad position.
Irrespective of the
drafting error, the 15 homes have effectively been abandoned as 'fuera de
ordenacion', on rustic land, with no explanation as to how these houses will
ever be regularised.
The Way Forward?
We submit
that this amendment will be seen by some as another example of a paternalistic
and non-participatory planning process which worsens the problem of illegal
houses in Albox. We again call on our administration to establish a commission
with representatives from the council, the Junta de Andalucia, the AUAN, and
other interested entities or groups, in order to reassure residents that urban
development is for the benefit of all its citizens and not solely in the
interests of property developers, the well connected and other vested interests.
Hundreds attend conference on Urban
Abuse
AUAN, 29th September
2009
The
urban abuse conference on Saturday 26th September in Albir organised by the
local Vecinos
Association was very well attended, with perhaps over 400 in the
audience including representatives and members of urban abuse organisations from
the province of Andalucia (AUAN, AULAN, SOHA) and residents of Mijas.
Margrete Auken MEP addressed the audience. It was clear,
she said, that the issues have not gone away, and there is no visible evidence
that the authorities are paying any attention, let alone heeding the contents of
her report and the tough resolution adopted by the full EU Parliament on March
26. Madam Auken went on to indicate that the Budget committee will vote on
proposals to withhold 185 million euros in funding from Spain between 28-30 of
September. Speech
(Left: Margrete Auken accepts a briefing paper
from AUAN)
Carmen del Amo of AEPLC
spoke of the very serious issues faced by home owners in the coastal regions
whose homes were under threat from the Ley de Costas. Speech
The audience viewed
moving footage of demolitions
in Cho Vito, Tenerife
Numerous individuals and
organisations then spoke from the floor to describe their problems and
experiences.
Philip Smalley president of SOHA spoke of the problems faced in
Axarquia where there are some 10,000 illegal houses.
Dr. Werner Schwoerer
spoke of the dire situation faced by 11,000 residents whose homes were under
threat of demolition in Mijas.
Maura Hillen president of the AUAN
presented a briefing paper titled "Our fears for the
future" to Madam Auken and spoke of the plight of the Almanzora
Valley with some 11,000 illegal houses. 
Charles Svboda
interim vice president of the AUN announced the creation of a national
federation of organisations to fight urban abuse. The inaugural meeting will
take place in Madrid on the 24th of October.
(Right:
Charles Svboda announces creation of national
federation)
Helen Prior whose house was demolished by
the Junta de Andalucia in January 2008 shocked those present by declaring that
in spite of the fact that the Constitutional Court had declared their demolition
to be illegal, the Junta de Andalucia had started NEW court proceedings to
ratify the demolition of their house. In the meantime, the Prior family await a
court date to decide who will pay compensation. "There is no justice in Spain"
she declared.
Proposed modifications to Albox
PGOU
AUAN, 14th September
2009
On the 28th of August Albox town council announced
the public review period for a proposed modification to their town plan (PGOU)
via the BOP (Boletin Oficial de la Provencia).
The documentation relating
to this modification has just been published on the web (13th September) making
it more accessible to the public as required by law. (Arboleas council please
take note!).
If you live in any of the areas mentioned below it is in
your interests to review this plan.
The
Plan on Portalmanzora.es
Rambla Saliente :
Fuente-Oro, Saliente Alto, Aceiteros, Candidos, Marianos, Jiminez, Molinas,
Rodriquez, Santa Barbara, Lugarico, Pocicas, Petacas, Leoncios, Patricios,
Graneros, Fuente Carmen, Coloraos.
Rambla Oria:
Martinez, Fuente Mojon, Guinapos, Prieto, Simones, Llano Espino, Ventarique,
Llanos Animas.
Rambla Albox: Piedras, Fuente Capita,
Quiles, Locaiba, Paredes, San Roque, Fuente Marques, Lobdar, Toretta, Molata,
Segovias, Canico, Dira.
Please note that any objections
(alegaciones) against this plan must be submitted by Monday, 28th September
2009.
The AUAN have commissioned a professional planner to
prepare a report on this plan. This document will be made available to our
members at no additional cost.
"Liars and Cheats"
Expat pressure group blasts
Spanish journalist for "defamatory" comments on Brits living in Almanzora
valley
By Richard Torné, Costa Almeria News, 11th September
2009
EXPAT pressure group AUAN is up in arms after a
Spanish journalist branded retired Brits living in the Almanzora valley as
"liars and cheats" and that they knowingly bought illegal properties in Spain.
Javier Salvador penned two inflammatory opinion columns last week in
Teleprensa - an online news website which normally limits itself to printing
press releases - in which he slammed the British community in Almería, claiming
they bought illegal properties well below the market price with undeclared money
to avoid paying taxes to the Spanish state.
According to the regional
government's inspection plan, there are believed to be a staggering 10,000
illegal buildings in the Almanzora valley - 4,100 in Albox alone.
In the
first article Salvador made reference to the ITV documentary ‘Paradise Lost',
broadcast earlier this year about a protest march organised by retired expats in
Cantoria in September 2008. Salvador rounded on the makers of the programme,
accusing them of distorting the truth about the illegal property scam. He said:
"(The programme) hid truths such as the knowledge buyers had that the properties
were being built in non-urban areas, using black money with the sole aim of
obtaining homes at very low prices."
Salvador, who is also the head of
Global Solutions House, a consultancy and real estate company, went on to accuse
home owning Brits of coming to Almería of "swindling those who provide free
services" in clear reference to the health care system. "Lying on the escritura
(title deeds) and not paying taxes is, literally, sticking a finger in the eye
of their new neighbours," he railed.
He also accused the local British
community of causing ‘britanophobia' (sic). "Before they were seen as chirpy
guiris (foreigners) who didn't now a word of Spanish, but now they are starting
to be viewed as those foreigners who came here thinking they're smart and
expecting the rest of us to act like fools," he ended.
Although he
conceded that Spain's judicial system was slow and that developers and
politicians had also played a major role in the affair, the head of Teleprensa
has been heavily criticised for focusing mostly on Brits.
The AUAN's
response to Salvador's outburst has been swift. The group's president, Maura
Hillen, said the group was considering taking legal action against Salvador.
"These are totally unsubstantiated and unproven statements. It's libellous, in
fact. Name your source, prove your facts or withdraw the comments," she
warned.
Read the full story in the printed edition of
the Costa Almería News
Costa
Almeria News Online
Also See AUAN Press Release 3rd
September (below)
Sorbas mayor accused of granting illegal building
licences
By Matthew Pritchard, Costa
Almeria News, 11th September 2009
THE mayor of Sorbas could face six
months in prison due to his involvement in selling illegal homes in the
municipality.
Besides the prison sentence, the public prosecutor has
also asked that José Fernández Amador, of the right wing Partido Popular (PP)
party, be forced to step down as mayor, be banned from employment in public
administration for seven years and be given a fine of 12 euros a day for 14
months.
Read
More in the Costa Almeria News....
Major Conference on Land Grab, Property
Rights,Planning Abuse & Coastal Law on 26th September 2009, from 6pm until
8pm Hotel Sun Palace, Alfaz del Pi, c/Hércules 1, El Albir
Keynote Speakers
Margrete Auken
(left): Member of European Parliament. Author of the well known
Auken
report approved by absolute majority of the Eurepean Parliament
condemning Spain for urban abuse practices. "The future of urban development in
the Valencian region and how this will affect us".
Jorge
Olcina: Professor at the University of Alicante. Specialist in
sustainable urban development "Experiences & practices for a sustainable
development of the territory"
Carmen del Amo:
President of the European association of persons affected by the Coastal Laws
(AEPLC) "Coastal law: Is this a confiscation law?"
After the meeting
there is the possibility to speak with the experts.
Directions
to Alfaz del Pi
Venue
& Futher conference details
'Foreigners' responsible for buying illegal
homes??
AUAN Press
Release 8th September 2009
Contact: info@almanzora-au.org
En
Espanol
With reference to the article titled 'El
informe de la UE sobre las viviendas ilegales de Almería ya reconocía la
implicación de los compradores en la trama' published on the 4th of
September by Teleprensa.es which states that an EU report on illegal houses in
Almeria prepared by the MEPs Marcin Libicki and Michael Cashman acknowledges
that the homebuyers were involved in the plot………
Here is the text of the
EU report published in 2007 and stored in the considerable archives of the
European Union web site.
English: http://www.europarl.europa.eu/meetdocs/2004_2009/documents/dt/660/660551/660551en.pdf
Page 7 of English version of the EU report states.....
"However, it
appears clear that those who have bought houses which are found to be illegal in
good faith are, according to the regional
government, not so much victims as equally responsible
for what has happened."
Spanish: http://www.europarl.europa.eu/meetdocs/2004_2009/documents/dt/660/660551/660551es.pdf
Page 8 of Spanish version of the EU report states....
" En todo caso,
parece claro que quienes han adquirido de buena fe viviendas que posteriormente
se han declarado ilegales no son, según la Junta, tanto víctimas como
partes igualmente responsables de lo sucedido."
For some reason, the
comments quoted in the report and attributed to the report authors do not
include the text highlighted above.
The AUAN recommends that you read
this report.
AUAN Press Release 3rd September
2009
Contact: info@almanzora-au.org
En Espanol
On behalf of its members, the property action group “Abusos Urbanisticos Almanzora No!” (AUAN) wishes to object in the strongest possible terms to the article titled ‘Duro ataque de la comunidad británica de Cantoria a las autoridades españolas por el caso de las viviendas ilegales’ published 2nd September 2009 by Teleprensa.es.
This article by an unnamed author makes unsubstantiated and unproven statements that British residents in Cantoria knowingly purchased property on non urbanised land, made ‘black money’ payments to avoid Spanish tax, bought houses cheaply and most bizarrely of all, moved to Spain to take advantage of a free health care system.
We say to Teleprensa, please name your source, prove your facts or retract this article.
This sort of inflammatory nonsense contributes nothing to resolving the
crisis in the Andalucian property market. What sane person thinks that it is a
good marketing strategy to accuse foreign purchasers of homes in Andalucia of
criminal behaviour?
Reasons to Register on the
Padrón
AUAN, 29th August 2009
The British
Embassy is encouraging foreign residents to register on the Padrón (a register
of all the people living in a town). All residents in Spain are required by law
to do so and it brings benefits such as voting rights and better public
services.
Read more HERE
It’s also important for reasons that may not immediately be obvious. Eg. EXPATS whose property was damaged in last month's fire in Turre may not receive government compensation because they are not registered on the padrón.
Read more HERE
AUAN Press Release 22nd August
2009
Contact: info@almanzora-au.org
En Espanol
The property action group “Abusos Urbanisticos Almanzora No!” (AUAN) has filed planning objections against all four of the recent modifications to the Arboleas Town Plan affecting the areas of Los Torres, El Rincón, Los Menchones, the town centre, Los Torres, La Perla y El Prado, Limaria and Los Llanos and published on the 29th July for a one month period of public consultation.
The objections referenced the appropriate laws and cited the following:
• The modifications were published during the summer holiday period when much of the town council and its advisors were on holiday and unavailable to consult with members of the public or their advisors.
• Whilst Arboleas council made the maps available to members of the public they failed to provide copies of all documentation related to the planning amendments in either paper or electronic form in spite of the citizens’ right in law to obtain copies on demand so that they can properly consult with their advisors and make allegations.
The group submitted the objection to assert the rights in law of all citizens to properly participate in the planning process, and to have access to the pertinent planning information.
The AUAN has asked Arboleas council to extend its period of public consultation for one month, provide complete copies of the documentation and initiate consultations with interested associations and citizens giving them an opportunity to be properly informed about each proposed change, understand its basis in law and make their own objections, if required.
There is a lot at stake here. The council is asserting its right in law to ask for up to 50% of the total area of a development in exchange for funding the costs of urbanisation (roads, sewage etc). In some instances the homeowner is being left to provide the land because their constructor has refused to do so or is declared bankrupt. In other instances homeowners believe that some or all of their property is now on protected land. These people desperately need full access to the planning documents in order to best protect their interests.
After all the problems in this valley with respect to planning abuses it
is time for the days of paternalism and obscurity in the planning process to
end. All citizens of this valley have a right in law to know what is going on
and to participate fully in the planning process if they wish to do
so.
PGOU modified to regularise scattered
villages
Translated from an article in Albox Informacion, 6th
August 2009.
Link to original scanned image (This is a large image, please be patient whilst it loads)
Albox council has recently approved (in a plenary session) a punctual modification to the Plan General de Ordenacion (PGOU) to recognise and protect scattered rural settlements that exist in the environs of the Ramblas of Albox, Oria and Saliente.
This modification is warranted because the existing planning rules do not allow the development of buildings in these areas, representing a serious risk to the preservation and consolidation of this type of settlement in the municipality.
Therefore, the initial approval of this new rule represents an important step in the process for regularising a large number of houses existing in the various ‘barriadas’ such as La Molata, Los Segovias, El Cunico, Locaiba, San Roque, Llano de las Animas, Llano del Espino, Las Pocicas or Saliente.
After initial approval the document will be available for public viewing and the presentation of objections at the Town Hall for a period of one month after its publication on the Boletins Oficial de la Provencia (BOP).
Once this phase is completed, the document will be sent for review by the Consejeria de Vivienda y Ordenacion del Territorio. Albox council thinks that it will take 3 months before definitive approval will be given.
Analysing the document from a technical point of view it is noteworthy that the existing general plan will be modified with respect to Suelo No Urbanizable (Rustic land).
Technical Aspects
• To delimit the area of existing scattered rural
settlements establishing conditions for their development which guarantee
conservation and improvement of their natural characteristics.
• To establish
an adequate level of protection for the farming zones on which the different
settlements are based. The modification introduces the creation of the following
classes of land:
o Suelo no urbanizable Habitat Rural Diseminado (Non
urbanizable land with scattered rural housing) in the environs of the Ramblas of
Albox, Oria and el Saliente. It (the plan) delimits the area of existing
scattered settlements and establishes the conditions for conservation and
construction of houses within the defined area.
o Suelo no Urbanizable de
especial proteccion por la planificacion urbanistica. Cultivos de Regadio.
(Protected Non urbanizable irrigated land). The plan delimits agricultural land.
Jail for Cantoria couple who built & sold illegal homes.
Article published by www.thereader Saturday 15th August.
18 months
jail and a large fine is what the public prosecutor asked for María S. P. M. and
her brother in law Amador G. C., owners of "Fincas Cazorla SL", who were accused
of building 15 villas in 'Los Gracias', Cantoria (Almería) without any public
permit or license.
Building works were identified and paralysed by Court Nº2 of Huercal Overa the 1st of Jan 2007, who also opened an investigation into the promotors.
However, despite the work being paralysed, Fincas Cazorla SL still went ahead and sold several of the villas off plan, despite this being clearly illegal. After a complaint, Amador was arrested.
However, Maria S.P.M. could not be identified as being involved in the project, despite several complaints against her. She was eventually arrested after an undercover police officer turned up at the building works and asked for "the person in charge" and she appeared. She admitted to the undercover officer that she was running the works, and was arrested.
Defendents eventually got building license
The defendents eventually got a building license, via a process called "silencio administrativo", in which if the Administration does not reply to your request within the time frame you may assume you have been granted permission.
However, the Courts ruled that the permit was irrelevent, as at the time of selling the houses they were illegal and should not have been sold. "Getting the license at a later date, once the threat of legal action has been raised, does not change the fact that the private sales were celebrated under an air of secrecy and illegality" ruled the Judge, who added that works should not have started until the permits had been granted.
Amador has been sentenced to six months prision, a severe fine and banned from working in the construction industry for two years.
Original article HERE
Marbella approves PGOU, 16500 homes legalised,1500 to be demolished.
Thereader.es,Thursday 30th July 2009
Gradually, Marbella is to shelve its dark past of corruption and illegality. Yesterday the town took a momentous step, with the full approval in council of the new General Urban Plan (PGOU) to replace the current one from 1986: obsolete and systematically violated by the governments of the Independent Liberal Group (GIL) that after 15 years have left an inheritance of 18,000 illegal houses.
The tentative approval is the final step in a long process.
The Mayor, Ángeles Muñoz (PP) has refused to give a blanket amnesty to all
illegal dwellings, but this document goes a long way towards making almost all
of them legal. The draft plan was initially designed by the team led by Manuel
Gonzalez Fustegueras and has the backing of the Junta de Andalucia, who have the
final say in the matter.
Read
more:
A summary of news from typicallyspanish.com
Typicallyspanish.com , as at 24th July 2009
----------------------------------------------------------------------------------------
Junta rules out land law change to make Axarquía properties legal.
----------------------------------------------------------------------------------------
Urban amnesty in Marbella 'judicially impossible'.
----------------------------------------------------------------------------------------
Rita Barberá defends herself as Mayor of Valencia saying that all politicans receive gifts.
----------------------------------------------------------------------------------------
Aifos files for bankruptcy protection in Málaga. The Málaga-based property developer is said to owe more than 1 billion Euro to 2,000 creditors.
New municipal regulation is a get out of
jail free card for the builders
AUAN press release – 25th July
2009
In April Albox town council published a new
municipal regulation or ‘ordenanza’ which purported to permit hundreds of long
suffering residents, caught in the ‘illegal housing’ trap, to have access to
water and electricity. Similar ‘ordenanzas’ have now been published in Cantoria
and Partaloa. Albox council provided a guide price of around €850 for this
‘special license’ which must be paid in addition to the cost of an architects’
certificate of antiquity, notary fees, registration fees, taxes and stamp duty.
In practice the license fee is dependent on property size and other factors such
as swimming pools, garages etc.
The AUAN, who have long campaigned on
this issue, speaking frequently to the mayors of the valley and the Junta,
greeted the new regulation with great interest and not a little hope.
We
are therefore bitterly disappointed to report that on closer inspection the new
regulation fails to deliver in some fundamental ways.
You can only get
the escritura for your house if you declare that you are the promoter because
most people do not have a 10 year guarantee for their property. By declaring
that you are the promoter you run the risk of prejudicing yourself in the eyes
of the court if you subsequently find that your house is subject to litigation.
As we believe that many houses are subject to litigation in the valley this is a
very real risk. As a self proclaimed promoter, you also make yourself
responsible for funding the future provision of infrastructure.
You
require the deeds for your land. The majority of homeowners cannot provide deeds
for their land because their property was built on unsegregated rustic plots.
And, as the councils and the Junta should know, you cannot legally segregate
rustic land for non-agricultural purposes. We have written to Sr. Luis Caparros
(the delegate for housing and planning) to highlight our concerns at this
fundamental lack of understanding of the real issues.
In short the
license will only be of use to the handful of people who have an escritura for
their land, a 10 year buildings guarantee and/or who are prepared to take the
risk that there is no civil or criminal actions against their home.
And
what of the developers? Well, it’s a get out of jail free card for
them!
And what of the councils who are alleged to be co-responsible for
this mess. Multiply €850 by hundreds of houses and you have your
answer.
And what of the unfortunate souls who paid their promoters in
good faith for a home with services? Well, it would appear that our elected
representatives think that they should pay again! However, the ‘ordenanza’ is so
badly thought out and designed that many people can’t obtain this license even
if they decide to submit in desperation to further exploitation.
We say
– shame on you! If this is the best that you can do to resolve a crisis that is
destroying the reputation of the Andalucian building industry, you should be
replaced by your electorate.
En Espanol
Mayor of Zurgena and 24 more charged in urban corruption
case.
Article published by
www.thereader.es, 8th July
2009
Judge David Villagrá of Huercal Overa Court Nº 2
has allowed charges to be placed against the 
Mayor of
Zurgena, Cándido Trabalón, his second in command Manuel Tijeras, and 23 other
people.
It has been 15 months since Guardia Civil officers swooped on
the sleepy little town of Zurgena, arresting the mayor and several other people.
During the operation they closed the town hall and the offices of several
promoters in the area, seizing computers and documents. The case has been
ongoing, and yesterday evening the investigating Judge announced the
results.
Read
more ....
UI wants the Andalucian Parliament
to investigate urban abuses
Translated from IDEAL, 19th July 2009,
Roger Diaz,
Vera
The United Left will make a proposal to the Andalucian
parliament for the creation of a commission of investigation, arbitration and
responsibility to investigate urban and environmental problems generated by the
construction of thousands of illegal houses in the Levante and the Almanzora
Valley during the real estate boom.
In this way the coalition seeks to
address the concerns of ‘Abusos Urbanísticos del Levante Almeriense No’ who
demand that the state of helplessness and uncertainty experienced by hundreds of
citizens, mostly foreigners, by the alleged illegality of their homes is raised
to state level.
Those affected propose that the committee is made up of
representatives of government and citizens' associations "to investigate urban
and environmental problems,report on the causes and possible solutions and make
recommendations for the future".
The IU plans to submit a non-legislative proposal in order to create the committee. This was agreed recently by the provincial coordinator of IU, Rosalie Martin, and Andalusian Deputy José Antonio Castro during a meeting in Turre.
The meeting was attended by hundreds of those affected from municipalities such as Albox, Partaloa, Zurgena and Cantoria, and included representatives from groups such as Levante sin Cables and Cantoria Residents' Association, among others. The IU coordinator for the environment in Almeria, Enrique Ruiz, the provincial delegate for the coalition Antonio Romero, and the council member for this political coalition in Turre, Martin Morales also attended.
Dreams destroyed
Those affected, many elderly, who after
a lifetime of work "thought we had bought a dream in Spain”, communicated their
desolation to the politicians. For example, the Prior family in Vera who
overnight lost a home that had cost a lot to build. The homeowners supporting
the AULAN called for a special administrative commission "that has a provincial
ombudsman, assisted by independent research with representatives of the
Administration and citizens' associations, with powers of arbitration on
disputes relating to these problems”.
The IU is supporting this request and also the demand for the accountability "of developers, governments and others for having caused the serious environmental and urban problems that exist."
The situation in which many families in the province find themselves "is very serious" according to the provincial coordinator of the IU, Rosalía Martín. She attributed the blame to the councils and the Junta de Andalusia who "have looked the other way while all this was happening, leading to a possible situation of endemic corruption, charging taxes and fees for construction that is considered illegal - a clear dereliction of duties".
The IU demand that the illegal houses are regularized
through the signing of agreements with those who caused the irregularities, to
compensate the damage caused to property owners caught in this
situation.
Link to the original article here
Additional reporting on meeting with IU by Costa Almeria News here
British Citizens meet the United Left- Green
Party
Aulan Press Release, 12th July
2009
Following on from the recent successful round table meeting
held in Mojacar, between ecologists and numerous citizens associations from
Almeria, other parts of Andalucia and beyond, a meeting was held on the 10th
July 2009, in Turre, attended by over 100 persons, including members of the
citizens associations, AULAN, AUAN, Levante sin Cables, AVEP, Cantoria Residents
Association, as well as other members of the public.
The initiative for the meeting came from Izquierda Unida – Los Verdes, and presiding the meeting was Enrique Ruiz Guerrero, the lawyer of that political party. At the meeting was Jose Antonio Castro, an Andalucian Parliament MP, and member of the Planning and Environmental Law committees of the Andalucian Parliament, who came to hear the concerns of numerous citizens affected by planning and real estate abuse, many of whom are without basic services such as water and electricity.
From the United Left – Green Party, were also present Rosalia, the coordinator for the party in Almeria, Antonio Romero a member of the Diputacion of Almeria, Martin the Councillor from Turre of the same party, as well as other members of the party.
A video was shown explaining the plight of the El Fas residents in Cantoria, one of whose members it was stated had received veiled death threats, as well as of the Prior family, whose house was razed to the ground over a year ago, despite having planning permission, and who are now living in their garage.
AUAN gave a speech asking for building licences to be frozen in the Almanzora Valley (where there are thousands of allegedly illegal houses) until the cases of planning irregularities are resolved.
Mrs Prior also gave a speech. In the case of Mrs Prior it was suggested from the floor that, given that it was clear that the Prior family were innocent victims of a political fight between the Town Hall of Vera and the Junta de Andalucia, and given that each of these arms of the Spanish administration accepted that the family should be compensated, but that the compensation be paid by the other branch, the matter should be submitted to independent arbitration as to who should pay – so as to avoid lengthy and expensive court proceedings, which could take years.
A member of the residents of El Fas, AVEP in Bedar, as well as a resident in El Gor in Huercal- Overa, and Juan Grima on behalf of Levante sin Cables also explained their problems. Lenox Napier, well known for his defence of citizens rights in the area, also gave a general explanation of the plight of many people who had thought they had bought a dream in Spain, where they wished to spend the last years of their lives, only to find that the dream had turned into a nightmare.
The Decalogue presented at the recent round table was given to the participants of the United Left – Green Party.
The meeting was ended by a speech by Jose Antonio Castro who made various commitments including:
(1) They would raise a non-legislative motion in the Andalucian Parliament on the basis of the first three points of the Decalogue;
(2) They would raise parliamentary questions on a general level asking how the Junta proposed to deal with these sort of planning problems;
(3) They would assist with a meeting with the Public Ombudsman´s office for Andalucia where the citizens groups could explain their problems and could ask the Ombudsman to investigate these.
They made it clear that they totally accepted the Auken report. As to the first three points of the Decalogue which were accepted, these are:
COMMISSION OF INVESTIGATION: A national commission of investigation be established, with representatives of the administration and citizens’ groups (including those for the protection of homeowners’ rights and the ecologists), to investigate the existing grave planning and environmental problems, to draw up a report on the causes of said problems and their possible solutions, as well as recommendations for the future.
ARBITRATION: The creation of a special administrative commission that includes a provincial public ombudsman, advised by independent investigation services, including representatives from the administration and from citizens’ groups (including those for the defence of individual property owners and ecology groups), and with arbitration powers in relation to disputes concerning these problems, available to affected parties free of charge.
RESPONSIBILITY: The liability of developers, the administration and pertinent third parties, for having given rise to the grave planning and environmental problems which exist, must be made enforceable and real. Any process of regularisation should, as far as possible, include binding agreements (including adequate guarantees) between those who have caused the irregularities and the administration, and these must include the opportune measures so that those who caused the irregularities compensate for the damage caused.
It was also agreed to keep open a line of continuing dialogue.
The participants of the citizens groups expressed their thanks for this initiative, and those affected were particularly pleased that their complaints would be taken up at Andalucian Parliament level.
