December 2008
June/July 2008
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Illegal
House "Lobbies" The
Costa of "Innocent Third Parties" EU threathens
to freeze funding if Spanish urban abuses are not resolved.
A
co-ordinated plan
The
inspection will outline the most serious cases of illegal houses
for demolition
Special Edition on Spain
INSPECTION PLANS
CANTORIA: The inspection
plan for Cantoria is under way as previously reported. The mayor
of Cantoria Pedro Maria Llamas Garcia has advised
us that the inspectors will NOT be asking individuals
to complete the inspection forms. The necessary information
will be provided by the town hall and the constructors. If
you wish to check the information recorded for your property or
to ensure that your home has been included, Sr Llamas Garcia advises
that you consult the town hall. (Members: Check
your email accounts for a full transcript of our meeting with
the mayor of Cantoria) |
A
preliminary report to the Petitions Committee of the European Parliament
on urban planning abuse in Spain proposes to freeze EU funding if
the situation is not resolved. 
The
Economist magazine has produced a special report on Spain which
makes interesting reading. 
As
at 12th December
June/July 2008
Albox: Meeting
with the Mayor
22nd July 2008,
AUAN
Members of the AUAN committee met with the Mayor of Albox, Jose
Navarro, on 22nd of July to discuss progress on planning matters and the lack of
basic services such as water and electricity for some illegal
houses.
An 'exceptional' plan for the Almanzora Valley in
September
Sr. Navarro revealed that the Junta will publish details
of an 'exceptional' plan for the Almanzora Valley in September of this year.
This plan will supplement the PGOUs and the Sub Regional Plan and we in the AUAN
hope that it will bring some clarity to previously reported promises from our
delegate for Housing and Planning, Sr. Luis Caparros, to create a 'corona'
around the illegal houses and ensure that this situation does not happen again.
Sr. Navarro also stated that a full PGOU for Albox will be available by the
end of this year. There was no new information on the Sub Regional Plan.
Mayor of Albox to take legal action against electricity
providers
The AUAN has been raising the issue of security of
utility services for some considerable time, and consider it to be as much a
moral and humanitarian problem as a legal one. We are therefore pleased to
report that the mayor now agrees with this stance and is preparing to take legal
action against the electricity companies.
Therefore, if your home is more
than 3 years old and you have been disconnected, refused a connection, or are on
builders supply, you are advised to send an email to Jo Tissington, at Joanne@psoealbox.com,
providing your name, NIE number, address, contact number, parcela and
poligono number, together with a brief summary of your circumstances
(ie. on builders supply, generator etc). Information can also be provided in
person to Jo Tissington at the town hall.
Members, please check your
email accounts for a full summary of the meeting.
Cantoria: On
the attack
New Evidence emerges that council tacitly supported illegal
developments
17th July 2008, Richard Torne, Costa
Almeria News
THE battle of words in the Cantoria planning scandal
intensified this week after the mayor and developers fought back against claims
of corruption.
Read full
article from Costa Almeria News
Abusos
Urbanisticos del Levante Almeriense NO(AULAN)
New Organisation
championing small property owners in the Levante
17th
July 2008, Richard Torne, Costa Almeria News
Elected president of AULAN, Manuel
Esteban, laid out the action plan and purpose of the non-profit association
which covers 11 municipalities, including Huercal Overa, Pulpi, Cuevas de
Almanzora, Vera, Antas, Garrucha, Mojacar, Carboneras, Turre, Los Gallardos and
Bedar.
He said "We need to create a voice against planning abuses, we need to
help ourselves....". "I do not believe in lying down. In Spain, you will be
walked all over if you do so".
The next meeting on Saturday, August 9
will be held at the Kimrick bar at 12.00.
Read full
article from Costa Almeria News
Joint press
release - AUAN and Cantoria Residents
Association
Press Release, 16th July
2008
The AUAN and the
Cantoria Residents' Association have the greatest of sympathy for the residents
of El Fas, Cantoria at this difficult time. We realise that this is not a
situation of their making, and can only hope that the authorities will treat
them with more humanity than they did the Priors in Vera.
The residents
of El Fas are not the defendants in the legal action against their properties
but they face the risk of receiving a terrible punishment ..... to stand and
watch the demolition of their home BEFORE they receive a cent in
compensation.
We believe that the majority of the homeowners caught in
the 'illegal' housing trap in the Almanzora Valley are the victims of a complete
failure by the administration to effectively police the planning regulations in
recent years.
The anarchic planning environment, in which some
constructors, architects, lawyers, and other professionals were allowed to
operate, has resulted in an estimated 3,000 to 6,000 illegal houses in the
Almanzora Valley alone. That amounts to an inward foreign investment of
some 600 million to 1.2 billion euros put at risk.
Some of us are now
caught in the cross fire of litigation between those who failed to enforce the
planning regulations and those who ignored them and have, so far, got away with
it.
This whole sorry mess has brought nothing but problems for the
communities in which the houses exist and misery for those who own them.
Demolitions of illegal properties without first awarding compensation to
those who purchased in good faith, with professional advice and with the
sanction of local authorities is NOT in the public interest.
We look to
Luis Caparros, who was responsible during the period of anarchy as delegate for
Obras Publicas and, as el delgado provincial de Vivienda y Ordenacion del
Territorio de la Junta de Andalucia, is now responsible for providing a
resolution to the problem, to realise that demolitions without prior
compensation is an insane advertisement for Almeria.
Spanish Translation
Contact:
A.U.A.N. Contact: Dave Dunthorn
Telephone: 634642144
Email:
info@almanzora-au.org
The PSOE
maintains that Llamas "deceived" the British to get their vote and become mayor
Manuel Pedrosa cannot believe the difficult situation that his
neighbours are going through
Translated from El Dia de
Cordoba, R. Alba / Cantoria | Updated 10.07.2008 - 12:37
The municipal spokesman of the PSOE on
Cantoria Council, Manuel Pedrosa, has told 'El Almeria' about his wish that "any
resident of Cantoria, whatever their nationality, gets away from the damage
caused by the deception of the mayor, Pedro Llamas, and the housing issue is
resolved as soon as possible.
According to Pedrosa, "the 'El
Fas thing' goes back a long way. Before the last municipal elections, I met with
British citizens with the proposal to implement the Plan General de Ordenacion
Urbana that was pending approval." However, the promises of the current mayor
prevented Manuel Pedrosa from winning, "he told them that if elected he would
urbanise the land. The British citizens, who live with the anguish of a house
that may be demolished, voted for him."
The socialist
spokesman could not explain why the mayor put the finalised PGOU in a
drawer and made a new one. For Pedrosa the only solution to illegal dwellings
"is to implement the PGOU, and obtain a commitment from developers and
contractors to urbanise, I see no other way possible."
Apparently, the
mayor has not yet informed the opposition about the new PGOU: "I, who am the
spokesman for the opposition, do not know what is being done with the new plan."
According Pedrosa, "the mayor has created uncertainty among citizens.
It's not just 'Fas', there are more irregular housing developments such as
La Hoya, Los Cortijos Altos, The Arrellana, Tomaca, El Arroyo Aceituno,
El Arroyo Albanchez. I think that the mayor stands accused of offences
against regional planning. "
Original
Article in Spanish
Sub Regional Plan
for Levante is approved
Junta's controversial development plan for
Levante gets green light
11th July 2008, Richard Torne,
Costa Almeria News
The POTALA, an ambitious building plan for the Levante region
(Antas,Bedar, Carboneras, Cuevas del Almanzora, Garrucha, Heurcal-Overa, Los
Gallardos, Mojacar, Pulpi,Turre and Vera) has been approved, it was
announced this week....
A total of 2,093 changes were proposed by town
halls, associations, businesses and citizens of which 1,089 were
incorporated into the new document.....
Claims by the Spanish press that
the POTALA would legalise 'all but one per cent of illegal homes in the area'
were refuted by a press representative for the Junta.
Read complete article in Costa Almeria
News
AUAN Commentary
Sr. Luis Caparros, the
regional delegate for Housing and Planning has stated on many occasions that the
PGOUs and the Sub Regional Plan will be used to resolve the illegal housing
situation.
The Subregional Plan for Alto Almanzora (covering the
Almanzora Valley) is in its infancy and has not yet reached the stage
of public review. One of the aims of our organisation is to track the
development of this plan and to ensure that the best outcome for our
members is achieved.
Cantoria: Against the Ropes
Cantoria mayor speaks about the El Fas town Planning
Scandal
11tj July 2008, Richard Torne, Costa Almeria
News
The
mayor of Cantoria this week tried to salvage his council's tattered image in the
aftermath of the revelations of a planning scandal by claiming he had been
unaware of the situation for years.
Read
complete article in Costa Almeria News
Albox: 'Condemned' to live without water and electricity
for buying illegal houses
Translated from El Almeria, P.
MARTÍNEZ - J. COLIPE / ALBOX | ACTUALIZADO 10.07.2008 - 01:00
The neighborhood of
Aljambra is one of the areas where about six hundred houses have sprung up in
recent years inhabited almost entirely by British citizens.
If at first
glance, wandering through this area you get the impression of being in a
residential zone, nothing is further from reality.
It is true that there are
villas with swimming pools and, apparently, all sorts of amenities, but in
reality twelve families, who moved into their homes four years ago, have no
electricity and water.
They have sought to address the lack (of services) but
this, they claim "has been impossible". We have been deceived and even though we
have invested a lot of money in our homes, we cannot get services because our
homes are said to be illegal" states Des Thomson, one of the owners affected by
this situation.
The dozen houses were built by the company 'North
Property' whose owner disappeared after collecting the money. The affected
families decided to unite to achieve the minimum services. They claim that two
and a half years ago the then mayor of the municipality, Francisco Granero,
promised them the license to connect to Sevillana-Endesa, and that is why they
paid to have electricity installed in their homes, an investment of 110,000
euros. "When we had the pylons and meters connected to our homes and asked
Sevillana to provide a connection we discovered that our houses were denounced
by Seprona and that is why we can not have an electricity connection," says Anne
Moore.
Since then they have hired an electrical generator which supplies
electricity for six hours a day, two in the morning and four in the afternoon,
costing 100 euros per week per household. "We cannot live like this, we need
medication and with only 6 hours of electricity we do not have refrigeration to
maintain our medicine. It's a problem for everything." With regard to water,
each house has a water tank that is filled every fortnight from a water truck.
Nor are they able to understand "why hundreds of illegal homes around us
electricity services and not us." Indeed, they ask "why do we have a garbage
collection service and no electricity. For some things we are acknowledged (as
legal) and not for other, and we do not know what criteria is used," complains
one of the owners, Pat Holmes.
This is just one example of the many
families who live in the county of Almanzora and the Levante. Owners who paid
around 200,000 for illegal houses and do not have any paperwork to support
ownership of their homes. The lucky ones own the land on which the house was
built. Most of those affected agree "that they have been deceived." They have
been swindled by builders, lawyers and even by the mayors of the municipality.
"The former mayor did not fulfill his promise, and the current promised us
support during the election campaign to solve our situation but now we cannot
get into his office", insist the owners.
Original
Article in Spanish
19 homes facing demoliton in El Fas, Cantoria
4th July 2008, Richard Torne, Costa Almeria News
Around 19 properties, all lacking building licences and first
habitation certificates, are facing bulldozers in the El Fas district of
Cantoria.
Although the case has been going through the courts for almost
two years residents only got to hear of the news late last month when they were
served with a summons to attend the Justice of the Peace and were asked if they
wanted to take part in proceedings against the accused.
More...
AUAN
Commentary
This outcome is the result of proceedings initiated in
2005 by SEPRONA under the direction of the Fiscalia (public procecutor). In an
annex to his annual report (2005), the Fiscalia published sample
photographs of developments subject to legal proceedings. El
Fas is one of those listed. There are 4 other photographs:
- A
photograph of the "Almanzora Country Club", Cuevas del Almanzora.
- A
photograph of an unnamed development near Los Guillenes, Albox.
- A
photograph of an unnamed development near Media Legua, Cantoria.
- A
photograph of an unnamed development near La Aljambra, Albox.
Annex
to Fiscalias Report---- See Page 118 for Photographs
Lights out for expats
Mains electricity set for rural disctricts in Albox....but not
for illegal properties
4th July 2008, Richard Torne,
Costa Almeria News
Albox council's tought stance on illegal properties means expats living
in rural districts are facing the prospect of never having mains electricity, it
emerged this week.
A project by county council, Diputacion, to provide mains
electricity to 36 households in the rural disctricts of Las Labores, La Cuerda
and Los Gonzales, through 4.8 kilometres of medium tension lines will exclude
new builds, Costa Almeria News can reveal.... More
PGOU for Albox is available for public
review
1st July 2008, revised 8th July with latest
information
The Advance* PGOU for Albox was approved by council
plenum on the 30th of May, posted on the BOP (Boletin Oficial de la Provincia)
on the 18th of June and finally released for public review today (1st July) for
a period of 30 days.
AUAN committee members were amongst the first in
the queue to view it.
As we expected this is a 'ground zero' urban plan
for Albox, representing a starting point from which a solution can be
negotiated.
Summary
----------
- This PGOU is an adapted
version of the urban plan of 1983 (ie. long before
our houses
existed).
- If you imagine that you are standing in the Albox
rambla:-
- The map does not cross the Taberno road so no changes to the
status of anything beyond that point. Poligono 40,38,37... La
Aljambra etc is not
touched.
- It does not reach far enough to cover the 11 houses with
demolition
orders.
- The map barely reaches outward on the road to Saliente (if at
all). Locaiba for example is not in reach of the urban nucleus on
this plan.
- On the road out of town past the BP garage, the map follows a
narrow line along the road and is mostly industrial zones.
- Areas along the Taberno road are not touched by this plan.
It is
expected that the Junta will quickly approve this plan, probably by the end
of August.
Negotiations will then start on the next PGOU which will
begin to look at the outlying areas beyond the urban nucleus.
It is expected that the next advance PGOU will take four months (from
August) to produce (we suspect longer).
However, we must bear in mind
the legal constraints placed on the next PGOU. ie. From one plan to the
next:-
- A town may only expand by 30% of its population (on the
Padron).
- Urban Land may only be increase by 40% when existing
urban land has
been used.
- You can only
expand outward from an existing urban nucleus.
-
Consideration must be given to the existence of infrastructure.
We
therefore cannot assume that the NEXT plan will solve all our problems
either. It all depends on how far back the council has to go to find
an acceptable plan to use as a starting point and if your property is in an area
which is actually covered by an urban plan. If your property is outside of
the area that can be covered by a PGOU you will need to look to
the Sub Regional plan for a solution.
As an organisation we will continue
to strive for a solution within the PGOUs and/or the Sub Regional
Plans.
If you wish to view the plan, please make an appointment at the
town hall office (next to the Rambla). You will be given a 15 minute time
slot.
Members: We are working to obtain a copy of
this plan and will make it available to you as soon as we get it.
* In response to some of your queries, a planner has provided
us with the following definition of the term 'Advance' ..... 'There is an
important difference between an advance of a PGOU and an initially approved
PGOU. Whilst both are published for comment and both need to be prepared as part
of the process of preparing a PGOU, and both can be used as the start point for
the suspension of municipal licences for a specific period of time, it
is the initially approved PGOU which represents the start of the formal
approval process as defined in the Andalucian Planning Law (Art.32.1ª,a) LOUA),
whereas the advance is essentially a statement of intentions by the Town Hall
that may, or may not, then be developed and expanded upon prior to entering into
the formal approval process as an initially approved PGOU . Indeed, the content
and approval processes for "advances" still need to be defined by a specific
reglamento which has yet to be published'.
The term 'advance' can
therefore be dropped once the plan is approved by council plenum. The text of
this release has been modified accordingly.
More
details (in Spanish)
Public Meeting in Zurgena Theatre
26th June 2008
Thanks to everyone who attended this meeting. As promised we
now publish the information presented.
A Presentation of the
Facts Please note that this document takes some time to
download.
Speech given by AUAN
President
Summary of
Q&A Session with the audience
Thank you to those people who
contacted us after the meeting via our email address info@almanzora-au.org. As we stated in the
meeting, you are welcome to join our group or we can support you to
form your own group but we beg you -- do not sit on your hands and assume
that someone else is going to make this problem go away.
Public Meeting in Zurgena Theatre - 26th
June Are you concerned about recent events in Zurgena?
Would you like
more information?
Do you want to find out what YOU can do about
it?
With kind permission of Zurgena council, the AUAN will present a
background to the planning crisis:
Date........ Thursday, 26th
June
Venue...... Zurgena Theatre
Time........ 19.00
hours
- Zurgena council will be represented by Jim Simpson.
-
There will be a Q&A session at the end.
- ADMISSION IS
FREE
Directions to Theatre
--------------------
Take the road to La
Alfoquia, then on through to Zurgena.Turn right into the town, down the hill,
and follow the road for about 50 metres. A large public square is on the left.
Park the car!
As you look at the square from the road, walk up the left-hand side. Continue up that road (Glorieta del Olmo) after the square finishes. The theatre is mustard coloured, the second door on your left after number 9, about 60 metres from the end of the square.
38 open cases of urban abuse in the Almanzora
Valley
13 mayors of the provice of Almeria charged
20th June
2008
According to the annual report of the public prosecutor (as reported in
Voz de Almeria 15-06-2008):-
- 13 mayors of the province of
Almeria have been
charged
with corruption.
- 38 cases files are before the
courts in Huercal-Overa
for Albox, Arboleas, Oria,
Cantoria or Partaloa.
- 18 case files exits for Vera and 17 for
Almeria.
Please note that the case file may cover a single
dwelling or an entire urbanisation. The article is not specific.
The
prosecutor also states that 4 cases have resulted in an agreement to demolish 20
houses which were built on public land. The execution of the demolition has not
been requested.
It is also reported that of the 11 judgments made in
2007, there were 7 convictions and 4 acquittals (now under appeal). The
convictions relate to buildings constructed without a license, or with a license
for a nave. In other cases the accused had constructed entire
urbanisations.
Articles in Spanish: Voz de Almeria
Articles
A judge annuls the building license for 22 houses in
Zurgena
As reported in IDEAL 13th May
2008
In
a case brought by the Junta de Andalucia against Zurgena Council the judge has
revoked the building license given to Antonio
López of 'Construcciones Antonio de la Jacinta' for the
construction of 22 houses in 'El Palacés' in Zurgena.
In summary,
the Council granted the license via council plenum in July 2006 and advised the
Junta in January 2007 that the projected had been greenlighted. The Junta
objected in February 2007. The judge accepted the Juntas assertion that they had
objected within the required time period (one month) from the time they were
aware of the development. The case is under appeal.
IDEAL
Article (in Spanish)
Latest Corruption Scandal - Estapona - 25
arrested
18th June 2008
The
arrest of the mayor of Estapona dominates the Spanish press today. Antonio
Barrientos, 5 council members and several businessmen were among 25 people
detained on charges of mis-use of public funds, bribery, influence
pedaling and money laundering.
The mayor was expelled from the PSOE party 2
hours after his arrest.
Also under investigation are Patricia Rojo, the
daughter of the president of the Senate and Francisco Zamorano, ex senator and
local spokesperson for the PSOE.
For more information: Typically
Spanish
(English)
El
Pais
(Spanish)
ABC
(Spanish)
May 2008
Meeting with Mayor of Albox
AUAN, 31st May
2008
Members of the AUAN committee met with
the Mayor of Albox, Jose Navarro on 26th of May to discuss progress on planning
matters.
The content and immininent release of the PGOU for Albox was
discussed as was progress on the Sub Regional Plan for Alto
Almanzora.
The meeting was cordial and informative and the AUAN
committee would like to publically acknowledge Sr. Navarro for his
willingness to address our questions in an open manner.
Members, please
check your email accounts for a full transcript of the
meeting.
The Junta contradicts the Fiscalía and sees more control
of urban planning
Ideal,
29th May 2008, by A.L.O.
The delegate for
housing believes that administrative and judicial pressure has reduced the
number of prosecutions for urban abuse and trade unions have defended the
politicians and public servants.
Pictured(IDEAL.es): Luis Caparros , delegate for housing and
urban planning, Junta de Andalucia.
The delegate for housing and urban planning disagrees with
the general findings of the Fiscalias report stating that of all the
autonomous regions, Almeria is taking the strongest measures to control
urban abuse. In his view the number of cases of urban abuse have reduced
from 2006 to 2007 through the efforts of the office of the fiscalia,
the regional police, the Guardia Civil and the Juntas own
inspectors.
Diego Asensio, secretary of PSOE in Almeria stated that his
organisation had a zero tolerance policy on urban abuse. The PP had no
comment on the report.
The head of the General Union of Workers in Almeria,
Jose Ginel, defending the officials, stated that "You can not put
everyone in the same bag," said the the trade unions were convinced
that the majority of public employees complied with thier duties
properly.
Complete
Article in Spanish...
The Fiscalía
(public prosecutor) sees officials and authorities as accomplices of illegal
urbanisation
Ideal, 28th May 2008, by A.P.
In his annual
report (Memoria de de la Fiscalía de Medio Ambiente y Urbanismo 2007) the
public prosecutor sees officials and authorities as accomplices of illegal
urbanisation. The report calls for a change to the Penal code to allow for the
prosecution of councils and mayors who have failed to act in the
public interest in matters of planning.
Pictured: Antonio Vercher , public prosecutor.
The report also draws
attention to the action/inaction of technical personnel (architects, engineers,
managers...) and service companies who have supported this illicit activity. The
criticism extends to society as a whole who with the exception of some
ecological groups and individuals have remained largely silent.
The memoria
notes a reduction in the number of prosecutions from 118 in 2006 to 88 in 2007
reflecting a general decline in the building industry and complains of
an avalanche of cases and a lack of resources in the worst areas
(Cádiz, Málaga, Almería , Murcia).
Complete
Article in Spanish...
New Urban Abuse Organisation for the Levante
Region
27th May 2008
The first general meeting of the AULAN
(Abusos Urbanisticos Levante Almeriense NO) will be held in Mojacar at the Hotel
Continental, Mojacar Playa at 12am on Friday 6th June.
Representatives from
the AUAN, Asociacion de Vecinos de Bedar, Levante Sostenible and Ciudadanos
Europeos de Mojacar will attend.
More ...
Spotlight on SOHA (Save our Homes
Axarquia)
27th May 2008
SOHA (Save our
homes Axarquia) is a recently formed group of residents from Axarquia who
have come together to defend the rights of the homeowners impacted by the
illegal homes scandal.
Please access their website to learn more about
them.
SOHA Website
Spanish property: the fiesta's over
Miles
Brignall, The Guardian, 10th May 2008
Polaris World
invites you to 'live the dream' at its gigantic golf resorts. But as the
market sours, is it turning into a nightmare? Miles Brignall reports from
Murcia.
More
...
Anti Planning Abuse Meeting in
Mojacar
AULAN Press
Release, Mojacar, 3rd May 2008
On the 3rd May last, a
meeting was held at the Best Hotel in Marina de la Torre, Mojacar, Almeria at
which almost 400 people attended.
The meeting was chaired by Lennox
Napier of the political party Cuidadanos Europeos de Mojacar and was organised
with their assistance to discuss the planning problems arising in the
area.
The head of this political group and Councillor of Mojacar, Mr
Angel Medina, spoke and stated that Spain should be kept as a favoured
destination for foreign investments and was a good place in which to live,
despite the problems which had arisen and which should be remedied.
With
respect to the problems, Mr Medina mentioned a number of measures which should
be taken, including: the establishment of a legal protocol (a set of regulated
steps) for conveyancing; estate agents to be registered, supervised and insured;
that the publicity and public consultation for plans be made obligatory and this
be implemented as soon as possible; that the land registry should be relied upon
to show the realestate and planning situation on a particular property; that the
catastro should be tied in with the land registry as soon as possible; that a
commission should be set up to consider the current planning problems and to
make recommendations, of which the administration and associations should be a
party; and that there be independent agencies to oversee the protection of the
environment and human rights.
Mr & Mrs Prior were invited and spoke.
Readers will recall the demolition of their house – before the very eyes of this
unfortunate couple, which has had great repercussion with the media outside
Spain. They explained that, at the moment, no compensation for them was in
sight. Bob Preston, President of Abusos Urbanisticos Almanzora No, an
association trying to fight against perceived planning abuse in the Almanzora
Valley in Almeria where thousands of homes are under threat also spoke and
complained that, despite various indications from the various administrations,
few concrete steps had been taken to legalise the homes involved.
During
the speeches Mr Svoboda, of Abusos Urbanisticos No in Valencia, who has been
fighting against planning abuse for many years, and whose association has
thousands of members, urged people to group together to fight for their common
interests to prevent planning abuses. Mention was made of a new association
which was being set up to cover the Levante Almeriense (the western coastal part
of Almeria) which would be linked to Mr Svoboda´s association and would work
together with other similar associations, and eventually form part of a national
federation of like-minded Associations.
This new, fledgling association
is to be called the AULAN (“Abusos Urbanísticos Levante Almeriense
No”). Members to be of this association have indicated that the
association is to be independent of political parties, though they are grateful
for the support the political party Ciudadanos Europeos appears to be currently
giving to the aims of the new association.
It has been stated that the
purpose of the association can be summed up in one phrase: to strive for the
protection of human rights within the ambit of the real-estate and planning
fields, preventing abuses.
It has also been stated that the association
will seek to inform its members of planning changes – a bit like an early
warning system so that its members will know what changes are afoot and are not
surprised with the bulldozer turning up on their doorstep. In addition, it is
considered that by people grouping together they can press the administration
for solutions to current and possible future problems.
Apart from this,
concrete steps have already been discussed at political level and with other
associations to seek to remedy the problems which have arisen and the members to
be are pleased that these ideas appear to have some support.
It is
thought that situations like that experienced by Mr & Mrs Prior must not be
allowed to happen again, and full backing is expressed for Mr & Mrs Prior by
the members to be of the association.
Concern is expressed that the
plight of Mr & Mrs Prior has had a wide coverage outside Spain – one of the
main reasons the British are reluctant to invest in Spain, due to the perceived
lack of legal security - but that the Spanish media at a national level has
failed to inform on what has transpired.
A meeting is to be held shortly
to formally set up the association, elect members etc. In addition, at this
meeting a talk will be given on the planning issues relating to this area. Both
English and Spanish living in this part of Almeria are welcome to join. The time
and place is to be advised.
Property Rights &
Wrongs - AUAN Presidents Speech
AUAN Press
Release, Mojacar, 3rd May 2008
My name is
Bob Preston and I am the president of a non Political organisation called Abusos
Urbanisticos Almanzora No (the AUAN). Our organisation is made up of some 300
ordinary men and women from the Almanzora Valley who have come to realise that
their life savings have been spent, in good faith, on a nightmare rather than a
dream.
Pictured: Angel Medina (vice mayor Mojacar),
Charles Svboda(AUN), Bob Preston (AUAN), Helen Prior.
We
moved to Spain to enjoy a country with a friendly people and a warm climate. We
spent our life savings in Spain attracted by the developers' promises of a dream
home in the sun. We acted in good faith. We took the advice of our solicitors,
our town halls, our architects and we trusted that our developers were regulated
by the urban planning authorities. 
We first got
together, as neighbours and friends, in late 2006 to discuss our concerns about
the failure of our respective builders to deliver legal paperwork and basic
services. We discovered to our cost and our great distress that our homes are
'illegal' because they were built in breach of the urban planning regulations.
We formed the AUAN in January 2007 and organized a march of some 600 to 800
people in Albox to demonstrate our concern about what had happened in the
Almanzora Valley. Since then we have organized, we have researched and we have
campaigned to get to the truth of the matter. The truth that we have uncovered
can only be described as scandalous.
- We now know that there are
between 3,000 and 6,000 illegal homes in the
Almanzora
Valley. Using the most conservative of estimates this represents
an inward foreign investment in the Almanzora Valley of at least
300 MILLION
EUROS, and could even be as high as a BILLION EUROS. Let
us be clear, this
money was fraudulently obtained. We did not get the
homes we had dreamed
of. Instead we got, by sleight of hand, an
illusion, with no legal paperwork and
no entitlement to basic
services such as electricity, water and sewerage.
- We have found that
those we trusted to protect our interests have
betrayed us with a conspiracy of silence in their pursuit of the
almighty
dinero. Did our developers tell us that they had
problems with planning
permissions? - NO they did not. Did our
lawyers tell us that you cannot build a
new house on
rustic land? - NO they did not. Did our town hall stop
construction because there was no planning permission? - NO they did not.
Did
our town hall stop construction because the Junta de
Andalucia had filed an
objection?- NO they did not. Did the
Junta de Andalucia act quickly to enforce
the planning legislation? -
NO they did not.
- We have long ceased to believe that this is a
one off scenario with a few
gullible purchasers, one or two bad
developers and the odd corrupt mayor. This
is NOT the case. The
existence of 3,000 to 6,000 illegal houses in the valley
makes a
mockery of this theory. All I can say is that there is a very large
elephant in the room and it is time that all of us who live in Andalucia stopped
ignoring it.
- Instead, we have found a systemic
failure on behalf of our administrators
to police urban
planning. The land laws and planning regulations exist and
existed. They were simply not enforced - thus giving free reign to those
who
have profited at our expense.
Ladies and gentlemen,
the situation that we find ourselves in is not fair on any level. We live with
the daily reality of denuncias against our homes. We have no roads, no street
lights, no sewerage and in some cases no electricity and/or water. In some towns
we cannot register on the padrón because we do not have a license of first
occupation, thus we are disenfranchised and cannot vote. Some of us live with
the very real threat of demolition. I can assure you that this is not living the
dream. It is a third world scenario of administrative incompetence enacted in a
first world democracy. To put it another way - it is a disgrace.
We are
European citizens who have a right to live in Spain. We have brought inward
investment and prosperity to the dying communities of the Almanzora valley and
in return we have been treated very badly and suffered accusations of wrong
doing. Do you honestly believe that thousands of law abiding ex-patriats (former
police men, bank managers, nurses, soldiers etc) would transform themselves into
law breakers on the flight into Almeria and knowingly spend their life savings
on an illegal property?
And what ACTION has our administration
taken to solve the problem? Well, the investigations and the court
cases have commenced. The rule of law is being applied with vigour (about 5
years too late in our estimation). Look at Vera - The Junta challenged a council
planning decision, the council lost; the Priors' home was demolished, with no
compensation to date. Look at Albox, the Junta has challenged a council planning
decision, the current mayor has publicly stated that 11 houses are under threat
of demolition and one is in imminent danger of being demolished. Look at Zurgena
- The Junta has challenged a council planning decision affecting 85 houses- the
mayor and several council members have been arrested… the saga continues
throughout Andalucia. Whilst we respect the judicial process, such actions give
the homeowner little comfort. The end result that we have seen to date is that
the guilty are named and the innocent have their homes demolished without
compensation! We in the AUAN ask --- Is it really in the public interest to
demolish millions of Euros worth of real estate and beggar the councils held to
be at fault? Demolitions conducted in the manner seen to date will leave a
legacy of bitterness and litigation. Demolitions will ruin the reputation of the
Andalucian building industry and bankrupt the small communities of the Almanzora
Valley as they pay for the mistakes of their administration.
And
what PROMISES have our administration given us? Well, first they told
us that our homes would be retrospectively 'regularised' in the next Urban Plans
(the PGOUs). In 2003 all of our town councils were given 4 years to produce a
PGOU for their municipality. 5 years have now passed and not a single council in
the problem areas of the Almanzora Valley has produced an approved urban plan.
However, it is clear from the PGOUs nearing completion that most of our houses
are too far outside the urban nucleus to be legally incorporated into an Urban
Plan. So…. now we are being told the Sub Regional Plan is the solution. We have
looked at this and believe that there is some merit in this if we exercise our
rights under the 2007 Ley de Suelo to participate in the planning process - to
file objections to the proposed plan (if necessary) and to demand that our
members homes are not overlooked and ignored.
However, at this moment we
can find no evidence in the public domain that the sub regional plan for Alto
Almanzora exists in anything but name. So far, we have found no evidence that
the Junta de Andalucia, or the councils of the Almanzora Valley, have taken a
single action to regularize our homes. Words are cheap and the only action we
have seen from our administration is the demolition in Vera.
It is also
pretty clear to us that the provision of infrastructure will be a key
factor in a resolution. For example, the mayor of Albox has stated that
his administration cannot afford to pay for the infrastructure required to
regularize the 1,500 illegal homes in his municipality. He says that the
builders must pay. We say to our councils…MAKE the builders pay. Name them,
shame them and do not allow them to continue to operate in your municipality
until they fulfil their obligations to provide the infrastructure. We say to our
councils and to the Junta the Andalucia… your failure to adequately police urban
planning is the root cause of this problem. You bear some of the fiscal
responsibility towards providing a solution. It is no good to simply say that
you have no funds. If you can find 5.5 million Euros to landscape the rambla in
Albox, you can play your part to fund a resolution.
And finally what
message do we wish to deliver to those who have brought us to this point. The
message is a clear one…. Legalise us or compensate us…. This is
our stated aim and we in the AUAN will not rest until it is achieved.
To those who have illegal homes we say….. Get
organized... get informed … join a group… form your own group, but we beg you…
DO NOT DO NOTHING, DO NOT JUST HOPE THAT IT WILL ALL WORK OUT FOR THE
BEST.
Our best hope of a successful outcome is a united,
strong, determined voice that will not be fobbed off with empty promises, and
will not stand for our rights to be trampled on. We need strength in numbers. We
need YOUR voice.
Spain is a strong modern democracy. The Spanish
constitution states that its public offices have an obligation to promote the
necessary standards to regulate land use and prevent speculation.
The
Spanish constitution states that NO-ONE may be deprived of his or her property
and rights except on justified grounds of public utility or social interest and
with a proper compensation in accordance with the law. We should not be afraid
to raise our voices and exercise our right to fair play. Apathy and ignorance of
the facts is the greatest enemy of our cause. We beg you not to fall victim to
either of these vices.
Thank you for your attention.
April 2008
Zurgena -
Latest
As published in Levante Levante Lifestyle Magazine April
2008
Investigations into illegal properties led to the arrest of Zurgena
Mayor, Cándido Trabalón.
After two days in prison, the court in
Huércal-Overa charged Trabalón with bribery, corruption and crimes against the
land planning law, although he was released without bail.
Also arrested and
charged with the same offences was Zurgena’s Town Planning councillor Manuel
Tijeras. Local businessmen Tomás Zurano and Antonio López Rueda were charged
with bribery and crimes against the land planning law; Zurano was also charged
with contempt of court for failing to attend Junta de Andalucía proceedings
relating to the paralysis of a building works on a property
promotion.
Former municipal architect Carlos Babel was charged with
town planning breach of duty. Current municipal architect Francisco Salvador was
released without charges. The former and current town secretaries were also
questioned, and the following week every member of the previous local
administration was charged with land planning crimes, with the exception of
former senator María del Mar Simonelli of the PP.
Meanwhile the Guardia
Civil seized documentation from the Town Hall, as well as boxes of files and
laptop computers from offices and private residences in Zurgena, Albox,
Garrucha, Huércal-Overa and Almería city.
Speaking to press on his release,
Trabalón described the accusations against him as “science fiction”, claiming
the charges were part of a policy of “harassment” by the PSOE; Trabalón
represents the Andaluz Party (PA).
Arrests follow year-long
investigation
The Almería Environment Public Prosecutor launched an
investigation into construction in Zurgena in 2006 after the Guardia Civil’s
Nature Protection Service (Seprona) detected possible irregularities relating to
the construction of around 1,000 properties on green belt land. “Operacion
Costurero” is focused on the legality of licences conceded to four companies for
the construction of homes on land classified as rustic in six promotions in La
Alfoquía, Los Llanos del Peral, El Cucador, Los Melchores-Las Golondrinas and
Los Carasoles.
A number of these promotions were paralysed after the Junta de
Andalucía challenged in the Andalucía High Court of Justice the municipal
licences ratified by the local authority, even though the Andaluz Public Works
provincial delegation had already requested a revision.
In February 2007 the
PA-dominated Town Hall approved, with the abstention of the opposition, the
enlargement of the delimitation of urban land (DSU) in a number of areas of the
municipality, on which the properties in question were
built.
Association demands steps to avoid property
demolitions
In the wake of the Zurgena detentions the association
Abusos Urbanísticos Almanzora No (AUAN) called on the Junta de Andalucía to put
into place “as soon as possible” a special plan to legalise and therefore avoid
the demolition of the approximately 5,000 properties belonging to British
residents which have been built on rustic land in the Levante and the Almanzora
Valley. Association spokesman David Dunthorn told Europa Press the Andaluz
Government had pledged on numerous occasions to legalise some of the homes
bought by British residents “with their life’s savings”, and without realising
they had been constructed on land which couldn’t be built on, but had so far
failed to come up with a solution. Mr Dunthorn insisted both the regional
and national administrations “reflect” on the situation of the hundreds of
British affected, adding the demolition of the Priors’ villa in Vera in January
had set off alarm bells, not only in the UK, but elsewhere in northern Europe,
making residents of those countries think twice before thinking about acquiring
a property in southern Spain in favour of other residential tourism locations.
Dunthorn said the possible “errors” made in authorising these properties should
not be blamed on the occupants, who bought the properties, often without full
knowledge of the pertinent land laws, insisting the administrations involved had
the responsibility to find the solutions since they “should have prevented
construction on rustic land.”
Junta says urban plans will
resolve illegal property issue
The solution to the situation of
illegal properties in the Levante and Almanzora Valley lies in the municipal
Urban General Plans and the Andaluz Government’s sub-regional plans, according
to the Junta de Andalucía’s Public Works and Transport provincial delegate Luis
Caparrós. Caparrós said there would only be “serious problems” in legalising
buildings constructed on land which was protected in some way or where it
represented a “risk” because it stood on a river bed. He said the Junta’s
approval would also depend on the proximity of a property to urban conurbations
and the guarantee of public facilities and basic infrastructure, such as water
and power supply and sewerage systems.
Levante
Lifestyle
Homes Razed by Spain Stun
Foreigners as Slump Deepens
Bloomberg.com, 2nd May 2008,
by Sharon Smyth
April
30 (Bloomberg) -- Leo Levett-Smith and his wife, Jean, thought they did
everything right when they bought their retirement home in Spain. They used a
registered real estate agent, a Spanish notary and obtained their mortgage
through one of then country's largest savings banks.
Then in January they
received a demolition order saying the house had been built without a
permit.
"We really believed we had taken all the necessary precautions,''
says Levett-Smith, a 65-year-old retired traffic policeman from Cheshire,
England, as he sits on the porch of the russet-colored villa in Catral, 42
kilometers (26 miles) southwest of Alicante. "I mean, where else have you heard
of this happening?''
Over the past decade, developers built about
100,000 illegal homes in Spain, and consumer advocates say thousands of those
are now threatened with demolition as regional governments try to deter
clandestine construction. The crusade may discourage the foreign buyers who
fueled Spain's housing boom, deepening a slump that began last year.
"The
problem is very serious,'' says Rafael Pampillon, an economics professor at the
Instituto Empresa in Madrid. "When a country has a system or set of institutions
that allow illegal houses to be built and corruption to exist then evidently
foreign investment is going to flee.''
At least one house has already
been bulldozed. In January, Len and Helen Prior lost their three-bedroom villa
in Almeria. The 63-year-olds from Berkshire, England, paid 350,000 pounds
($694,155) for the house in 2003.
Local
Decisions
Each of Spain's 8,111 town halls has the authority to make
planning decisions and issue building permits with little oversight from the
regional or national governments. As property prices soared, some local
officials were drawn into schemes to profit from new home construction.
The
former head of urban planning in Marbella has been charged with money laundering
and accepting bribes to issue building permits. When Juan Antonio Roca was
arrested in March 2006, police seized 2.4 billion euros ($3.8 billion) of
assets, including two hotels, sports cars and 103 horses. Roca denies any
wrongdoing.
"When everyone is making money, for example the real estate
agent, the town hall and the administration, everyone turns a blind eye,'' says
Bernardo del Rosal, former ombudsman for the Valencia region. "The system as a
whole fails and the law is worthless when that happens.''
'Abysmal Light'
The local governments with the
largest concentration of new housing, including Valencia, Alicante and Marbella,
declined to say how many homes may be destroyed in their communities. Andres
Lara, a spokesman for Spain's Housing Ministry, and officials at each of the 17
regional governments referred questions to the municipalities.
Government
officials won't provide figures because it puts them in an "abysmal light,''
says Bernardo Hernandez Bataller, a Spanish lawyer and president of a European
Union committee that advises on financial services and consumer protection.
"It's safe to say the demolition orders could run into thousands,'' Bataller
says.
Home prices almost doubled in the eight years through 2006, as
buyers took advantage of a booming economy, stable employment and low borrowing
costs. About 2 million foreigners own property in the country, according to
Ciudadanos Europeos, which works to protect the interests of Europeans in Spain.
Economic Ripples
Spanish residential property
prices fell in real terms for the first in more than a decade during the first
quarter, as interest rates rose and banks tightened lending because of the
global credit shortage. The number of foreigners and non- residents buying homes
in Spain fell 42 percent last year, according to the Housing Ministry.
The
slowdown in Spain's housing market, which represents 9 percent of gross domestic
product, is rippling through the economy. GDP will expand 1.8 percent in 2008,
less than half last year's pace, and unemployment will rise for the first time
in more than a decade, the International Monetary Fund says.
"The bad press
and examples of corruption have done nothing to help raise the confidence of
international investors,'' says Miguel Martin Rabadan, general director of
PricewaterhouseCoopers LLP in Spain.
The Levett-Smith's story is a parable
for how exuberance and greed drove corruption in the Spanish housing market. The
couple moved to Spain seven years ago, initially settling in a village near
Torrevieja on the Mediterranean coast. When the area became too crowded, they
decided to move inland. Family Connections In 2005, the Levett-Smiths bought
their three-bedroom house in Catral, paying 220,000 euros to Country
Life Properties SL. The property is one of the 1,270 homes in the
community that were built with insufficient permits issued during the 12 years
that Jose Manuel Rodríguez Leal was the town's mayor. Some 160 homes in Catral
have been served with demolition orders.
Among the companies that built the
homes was Grufade SL, a developer registered in the name of
Maria Angeles Rodriguez Leal, the former mayor's sister, according to a
complaint filed by the European Association for the Protection of Urban
Consumers. Grufade's sales rose to 1.7 million euros in 2006 from 3,900 euros
two years earlier, according to filings at Alicante's mercantile register.
Rodriguez Leal resigned in January 2007, and his party was defeated in local
elections the following May. A court in Alicante is investigating corruption
charges against Rodriguez Leal. According to newspaper
20minutos.es there are 93 similar investigations in Spain.
`Sheds and Shelters'
Leal Rodriguez denies any
wrongdoing. He says the blame lies with his brother-in-law, a builder by trade.
"Permits to build sheds and shelters were authorized, but when I realized they
were being used to build houses I tried to stop them,'' Leal Rodriguez says.
"But they wouldn't, and I was powerless.''
Maria Angeles Rodriguez Leal and
her husband declined to comment, according to a woman who answered the phone at
Grufade's offices in Catral.
The Levett-Smiths tried to avoid the pitfalls
of Spain's property market by hiring a Spanish notary to oversee their
transaction, getting a 130,000-euro mortgage from Spanish savings bank
Caja de Ahorros del Mediterraneo, and paying 300 euros for an
independent survey. No one informed the couple that the building permits were
illegal, the Levett-Smiths say.
Solving a `Mighty
Problem'
Antonio Bellido, Catral's new urban planning counselor, is
trying to stop the bulldozers. He has proposed charging owners of illegal homes
5 euros per square meter to have their houses legalized. That could raise 15
million euros for Catral based on Bellido's estimate that the illegal houses
occupy 3 million square meters of land. "Right now, Catral is infamous for its
illegal houses,'' Bellido says. If the regional government approves the plan,
"Catral will become famous for being the town in Spain that found a solution to
a mighty problem.''
If the Levett-Smiths lose their home they'll have to
return to the U.K. and live with their daughter. "No one in their right mind
would give us a mortgage at our age to start again,'' says Leo Levett-Smith.
To contact the reporter on this story: Sharon Smyth in Madrid at
ssmyth2@bloomberg.net
Nationwide
Sold a place in Spain?
Then you could be in for a £7,500 windfall
If you sold a house in
Spain between March 2004 and December 2006 you may have been the victim of an
inflated capital gains tax rate. More information is available in the
following article from The Mail on Sunday.
The Mail on Sunday
Digest of articles from Ciudadanos Europeos Weekly Report
25.04.08
Promoters:
Sales down 50-60% since September
The president of the association
of promoters and builders in Spain, Guillermo Chicote, has admitted that sales
of dwellings have fallen 50-60% since September last year.
Patrimonio Tax Abolished from next year
The
government have decided to abolish the unpopular "Impuesto de Patrimonio" (the
Spanish version of a Wealth Tax) from next year.
Most foreign residents,
depending on their level of income and value of their property, did not have to
pay "Patrimonio" but for the non-resident property owners there was no escape
from the form 214 (the combined declaration form for Income and Wealth).
It
is to be expected that some new Rules will come from the Hacienda regarding the
Income Tax declaration for non-residents and there will be a new form to replace
the 214.
Please check with your fiscal representative for more
information.
The AUAN expresses concern about the lack of progress in
resolving the illegal housing situation in the Almanzora Valley'
AUAN Press Release, The Almanzora Valley, 20th April
2008.
The association Abusos Urbanisticos
Almanzora NO (AUAN) is concerned about the lack of progress in resolving the
illegal housing situation in the Almanzora valley, now believed to number
thousands of houses.
In 2003 all of our town councils were given 4 years to
produce a PGOU (town plan) for their municipality under the new planning laws,
the Ley de Ordenacion Urbanistica de Andalucia (LOUA).
5 years have now
passed and to date not a single council has produced an approved urban plan.
According to official sources, the Advance PGOU for Albox is due for release
for a period of public consultation in May 2008.
The same official sources
have made it clear that this document will do nothing to resolve the situation
of illegal houses in this municipality. Arboleas, Cantoria and Partaloa produced
Advance Plans in Dec 2005, March 2006 and October 2006 respectively. We can find
no public record indicating that these documents have been approved by the Junta
de Andalucia. Indeed, we believe that Arboleas is currently working on an
updated Advance Plan.
According to public record Zurgena produced an Advance
PGOU in July 2006. Our official sources tell us that this document was summarily
rejected by the Junta de Andalucia. The recent legal action against various
parties associated with the planning process in this municipality is a very
worrying situation for those affected.
Regrettably, there is even less
progress to report on the sub regional plan for 'Alto Almanzora' (which covers
the Almanzora Valley). According to the Junta's own public records, work on this
document has barely commenced.
Luis Caparrós, the minister for Public Works
for the Junta de Andalucia, has repeatedly stated that the issue of 'irregular'
houses will be resolved within the PGOUs where possible and/or within the sub
regional plans.
We would welcome any evidence that a single action has been
taken by the Junta to 'regularise' our homes. Words are cheap and the only
action we have seen by the authorities in Almeria to date is the 'Vera'
demolition and the threat of others.
The AUAN will exercise its right under
the 2007 Ley de Suelo to engage in the planning process. We now have 300 members
but we need a louder voice.
We call on those affected to join our
organisation. If we raise our voices together, our homes, our futures and the
future prosperity of the Almanzora Valley will not sink in the mire of apathy
and indifference… most tragically on the part of those directly
affected.
Details of how to join us can also be found on the site, or by
calling 617118209. Regards - The AUAN committee.
'Promoters and Constructors
must fund the solution for the illegal houses'
El Mundo, 17
April 2008. Juan Carlos Serrano, Luis Criado, Mariano Lopez, Javier Martinez de
la Horra and Pablo E. Requena.
ALMERIA -
Albox has always been popular. As demonstrated by successive Pardido
Popular local councils. However, in the last municipal elections which took
place on 27 May 2007, the PSOE with Jose Garcia at its head ousted the PP with
an absolute majority in this municipality. In these elections the socialists
gained 11 seats, the populares 4 and the Partido de Almeria two.
Now Jose
Garcia Navarro faces the challenge of modernizing a locality of more than 10,000
inhabitants, many of who are of other nationalities, where even today there are
some neighborhoods that do not have basic sanitation or running water.
Q. You are relaxed. In spite of what has happened in
Zurgena?
A. Well, I think that this is the result of what has been
done over the previous years. There is no point in lamentations, we must correct
the mistakes and face the future with optimism.
Q. Do you think that
Albox is affected by this situation in the Almanzora Valley?
A. I
believe that it affects all of us in the towns of the area and none of us
benefit from it. Although if it is true that irregularities have been committed,
everyone should face up to their responsibilities. All I can say is that we have
always been scrupulous on this issue, and that the law exists to be complied
with, and it is up to the public authorities to ensure compliance. Therefore,
let us leave the judicial system to do its work. It is up to the judicial powers
to make a ruling.
Q. How many illegal houses are there in
Albox?
A. That's a good question. We are making a study to find out
exactly how many there are in Albox. We are not doing this to make any type of
judicial or administrative problems but rather to plan solutions: see where they
are located, how many there are etc etc. Paraphrasing the previous ruling
council, I believe that there are more than 1,500 illegal houses. Between 1,500
and 2,000. But we have not finalized this study, we are working with data from
2004. Therefore, apart from satellite data, we have to do field work, going from
one house to another to see which are legal and which are not.
Q.
Like Zurgena, they are difficult to identify?
A. I believe they
have been perfectly identified. Obviously, you will always be sidetracked by
houses that are not in the system, but the vast majority has been identified.
The problem of Albox is not only the legality or illegality of houses, but we
have another added problem ie. that all these houses lack the most basic
services: sewage, piped water, street lighting, asphalt etc. These are the
problems of the houses that are 'fuera de la Ordenacion' in Albox. It is unfair,
and we have to seek legal ways to regularize these houses through the PGOU or
the Sub Regional plan. But above all it will require major actions and
investment to provide these services. And that is the big problem because Albox
Council does not have the means or economic resources to deal with it. Other
towns knew how to plan for this, regardless of whether or not the houses are
within the law, via the 'planes parciales', and the first thing that they
urbanized was urbanizations, forgive the repetition. Therefore, these basic
services are covered. Albox does not have this and this is the fundamental
problem.
Q. Have you detected, as mayor, indications of any
illegality in the granting of licenses similar to the situation in Zurgena?
A. I will be very circumspect on that subject, because it is not
really a matter for me, but for the judiciary. We are being very respectful the
work that the judiciary has asked us to do. There is a direct collaboration,
both with the Direccion General de Disciplina Urbanistica de la Junta as with
the courts in Huércal-Overa to provide all the documentation asked of us.
Evidence? I don't know. I am not the right person to answer this
question.
Q. Have you, as mayor, noted fear in the population as a
result of the intervention in Zurgena?
A. I think that after the
intervention in Zurgena, no one is indifferent to this situation. There is fear
because nobody knows what is going to happen next. But there is also calm in the
town of Albox because we do not know that the conditions which allegedly
occurred in Zurgena have also happened in our municipality. In this respect, the
residents, neighbors, promoters etc are very calm, as from day to day there is
no documentation that makes us nervous.
Q. Calm but fearful….fearful
of whom?
A. Really a fear that the construction sector, which in
recent years has been the engine of the economy Albox and other towns of the
area, continues to decline. If we add the recent scandals to the standstill in
the sector, it results in nothing that is beneficial for the future economic
development of the region. Therefore, there is this fear that there may be more
proceedings, which will further damage this sector. Therefore, it is fear, fear
of not knowing what is going to happen to this sector.
Q. Do you
have a theory of how this situation of illegal homes came about?
A.
The theory is that municipalities, in their day, and I am talking about 1992,
failed to anticipate this massive boom of investors (mostly British). Therefore,
they did not adapt their planning for this type of growth. That's my theory. For
example, Arboleas accommodated that growth, adapted its normas subsidiarias to
this future growth and created pockets of suelo urbanisable to accommodate the
construction boom. Albox failed to anticipate this, as is the only town in
Almanzora which has PGOU dating from 1983, with no suitable changes to create
pockets of land to accommodate the hugh number of buildings. Now we are paying
the consequences.
Q. Hasn't the passivity of the Junta aided this
phenomenon?
A. Well, I think that it is true that the public
administrations, both the Junta and the council, have been acquiescence to this
anarchic development, but we must take into account that in Albox, the
responsibility for urban planning rested with the town council because it is
they who must comply with the law.
Q. How do you think the Zurgena
case has affected the image of the area?
A. Nobody benefits from
this type of news. The case of Zurgena has not affected the slowdown in
construction business, since it was happening anyway. But it is true that the
region is being tainted by this issue. The important thing is that the judicial
investigation ends as soon as possible, identifying those responsible (if
anybody). That will help the Almanzora valley.
Q. With respect to
the houses built on rustic land, has a budget been worked out to provide
sanitation?
A. No. What we are going to do is an assessment, we
will analyse how many houses there are, where they are located, and so on. Once
this is clear, there will be negotiations. But it would be unfair to use public
money to pay for these services, since it is the responsibility of the
developers and builders. Therefore, we will have to get in touch with
developers, builders and tenants to, between them, pay the bill. I think it is
unfair that we do with the taxes of all residents. I have talked to many
promoters and they are being reasonable.
Q. Is the solution to tackle
the promoters?
A. Absolutely, they are the ones who have been
making a profit from this situation.
Q. The Junta has a plan for
this?
A. No. Not at all. This is something from Albox. It is a plan
of our own council. First we will find them, as many as possible. And tell them
that they now have to do what they failed to do previously. Legality or
illegality….we will have to address this within the sub regional plan for
Almanzora because it is impossible to do so within the PGOU.
Q. But
these houses have a license of first occupation?
A. No . They do
not have building licenses. But there is a contradiction here because some of
them paid the corresponding fee but do not have a building license.
Q. None of them have building licenses?
A. None of
them. There are only 11 houses that have building licenses, with unfavorable
reports from the Comision Provincial de Urbanismo, which resulted in 11
denuncias by the Junta de Andalucia against Albox Council. They are the only
ones with building licenses.
Q. Does that excuse the Council by
omission or commission?
A. Ignorance of the law is no excuse for
non compliance. I believe that by omission or commission, the council is
responsible.
Q. Is the building crisis felt especially here?
A. Yes. Everything is changing. Also, it is true that here we had a phantom
boom, overnight everyone was a constructor. What happens now? Now we are left
with the professional, the ones that are really constructors and promoters. The
rest are disappearing.
Q. Does Tomas Zurano work in Albox. Has he
promotions here?
A. No. He has nothing here. He is the President of
the Acociacion para el Desarrollo Urbanistica del Almanzora. But this
association was created in its day to support a perspective that no longer
exists. It exists but does not operate.
Q. When 6 patrols of the
Guardia Civil arrived in Albox on the day that the operation in Zurgena
commenced… how did the town react?
A. There was not a lot of
reaction in Albox. I learned about it at mid-day because a resident told me that
he was watching the judicial police take documents from two locations in the
municipality. But I did not know anything about it. The truth is that it was
strange to see them with balaclavas and suchlike, a spectacle which, in my
opinion, was unnecessary. But there was no notable reaction.
Q.
Focusing on Albox. How is the plan to change the image of the rambla?
A. The plan is already finalized. In general, the plan is to create
a canal in the center of the ramble which divides the town in the neighborhood
of La Loma. We will plant native species on both sides, we will reinstate the
river and so on. The work will mark a turning point for Albox. The total cost is
5.5 million euros.
Q. How many nationalities are there in Albox?
A. The latest information tells us that there are 24 distinct
nationalities. Between 10% and 15% of the immigrant population arrived in the
boom years of migration. But it has fallen substantially. The British remain,
but the Pakistani, Romanians, Lithuanians, ... are reducing.
Q. You
are a council of 11 PSOE, 4 PP and 2 PAL. How are the relations between the
different parties?
A. Relations are very cordial. I have been in
politics for 15 years and I have always stated that in reality one does always
agree with all of the councilors. Yes it is true that important decisions fall
to the majority team. It is also true that there is a vote for all the council
members. I as mayor try to ensure this and as a result I do not have any
problems with any council members. Because, what it is all about after the
elections is to work together for the benefit of the municipality.
Q. Those accused in Zurgena have excused their crimes by arguing
that irregularities exist in other municipalities of the area governed by the
PSOE. Are you afraid that you will be accused?
A. Albox has nothing
to hide. We are complying with all requests for documentation. At the same time
there are proceedings open against promoters and constructors from here,
including against the Council.
The mayor of Zurgena declares that there is no evidence
against him.
Trabalon announces legal action against the Guardia
Civil
El Pais, M. J. L. D.
- Almería - 19/04/2008.
In a lenghty statement to the press, the mayor and council of
Zurgena defended themselves against charges which they stated were
'inconsistent' and 'unsubstantiated'. Trabalon accused the Junta of 'not
wanting to find a solution' and blamed the PSOE in Almeria for having
subjected Zurgena to a 'persecution'.
The mayor went on to accuse the Junta
of 'never' wanting to find a solution to the situation they created when they
revoked 'all' of the licences in June 2006. 'We no longer know what to do...we
have had many meetings with the delegate from the Office of Public Works. We
thought that he wanted to help us...For a year and a half we have issued no
licenses because of the court proceedings' said Trabalon. He further stated that
in September 2007, the council gave the power of drafting the PGOU to the
Junta.
The lawyer who represents the City Council Zurgena, Antonio Segura,
announced legal action against the Civil Guard on the grounds that their actions
"could gravely infringe" the Law on State Security.
Complete
Article in Spanish
Futher commentary on this press conference can be
found on Jim Simpsons blog. Jim is a member of Zurgena council representing
the PA Party.
Jim Simpsons
Blog
Operation 'Sewing Box' links 85 homes in Zurgena to
unusual movements in the accounts of the detained council
members
ALMERÍA, 10
Apr. (EUROPE PRESS)
Operation 'Sewing Box' against corruption in Zurgena (Almeria), which led to
the arrest of the mayor, Candido Trabalón and his councillor of Urbanism, Manuel
Tijeras (PA), focuses on investigating whether there was corruption and bribery
in the councils approval for the construction of 85 houses, among the thousands
under suspicion built since 2004.
In particular, it establishes links
between this approval and unusual movements of money into private accounts,
rental of safe deposit boxes or use of company vehicles owned by one of the
accused promoters - charges confirmed by Trabalón and Tijeras after their
release when they disclosed that part of the investigation focused on
banking income of 12,000 euros and the loan of a luxury private car by a
promoter.
Judicial sources indicated to Europa Press that
the latest six proceedings instituted by the Fiscalía de Medio Ambiente
also charged representatives of PP and PSOE that, during the term of the
previous council (2003-2007), they had voted for this promotion and others for
up to one thousand houses, all built on rustic land and challenged by the Junta
de Andalucia in 2004.
With the sole exception of PP councilor and
former Senator Maria del Mar Simonelli, eight councilors have now been accused
of malfeasance while the remainder of up to twenty people identified by the
indictment - on which the Judge lifted the secrecy order last Tuesday - are
developers and architects, who were given licenses in "different
circumstances".
Among the former elected representatives Jose Antonio
Ramos (PSOE), Josefa Sanchez (PSOE) and Jose Juan Sanchez (DB) made statements
as accused persons before the judge Pilar Alfonso Rodriguez last Friday for
their involvement in the council plenum that approved the aforementioned 85
homes for which they were arrested alongside Trabalón and Tijeras, builders
Antonio Lopez and Thomas Zurano - in turn, president of the Círculo de Empresas
Andaluzas de la Construcción, Consultoría y Obra Pública (Ceacop)- and
technicians Francisco Salvador and Carlos Berbel.
The same sources
revealed that action taken suggest that the PA lead council illegally adopted an
instrument of urban planning called Delimitation of Urban Land (DSU), within
which is the housing denounced to SEPRONA and contested by the Junta de
Andalusia.
According to a certification issued by the former secretary of
the Zurgena town council, Teresa Lidueña and attached to the minutes of the
plenary session of January 17, 2007, the DSU was validated with only four PA
votes in favor while the law requires an absolute majority of the corporation,
in this case, six council members.
Lidueña, whom some of the interrogated
blamed in testimony before Civil Guard and judge for not warning about possible
irregularities in the performance of the mayor and the councilor for
urbanization, was the seventh person detained in 'Operation Sewing Box', after
which she was released on the charge of alleged corruption.
Similar
indictments exists in the charges against architects Francisco Salvador and
Carlos Berbel, who are accused of producing technical reports that endorsed the
legality of the licenses in question and in which they guaranteed the basic
infrastructure services, ultimately found to be missing on 6 plots scattered in
the municipality of Zurgena.
The DSU, to which Europa Press has access,
was approved in full with the abstention of the opposition members, created 358
hectares of urban land in Zurgena, and made more than 122 acres on the outskirts
of Carasoles-Cucador urbanisable and another 111.50 hectares in Alfoquía
where, according to a report from SEPRONA, nearly 350 homes have been built on
Rustic Land.
The other districts where irregularities were detected -
with up to another 600 homes - have also seen the amount of urban land
increased. In Los Llanos del Peral 390,000 square meters of land have acquired
this rating while in Los Menchones the area is 142,800 square meters
Europa
Press Article
Crash Landing for Spanish building
industry
Spanish Property
Insight predicts difficult times ahead for the Spanish property market
describing it not so much as a hard landing but a crash landing. It cites
exchange rates, failing confidence, falling property prices, failing developers,
corruption and the Valencian land grab saga as contributing
factors.
Spanish Property
Insight
Urbanisation without control leaves more
that 4,000 illegal houses in Almanzora
Most of the
affected property owners are British citizens.
Translated from El Pais News Report by JUANA VIÚDEZ / M. J.
LÓPEZ - Almería - 06/04/2008
Not beer, not sun. The first Spanish words that many British have had to
learn after buying a house in the previously obscure region of Almanzora
(Almeria) have been administrative conflict, Plan General de Ordenacion and
first license of occupation.
In recent years, building fever has progressed
in leaps and bounds with an estimate of illegal houses that fluctuates between
4,000 and 6,000. The developments began to sprout when the promoters realized
that the British community recognized the characteristics of an idyllic
retirement in this area: good weather, tranquility and a cost of living lower
than in the United Kingdom. "A house here, with a large garden, sun and a town
just 5 minutes away by car with services is the dream of every British
pensioner," stated Maura ,a retired banking executive who moved to Albox (11,000
registered inhabitants) one year ago.
The Memoria of Fiscalía de Medio
Ambiente warned in 2007 of the high rate of urban crime under investigation in
the region, especially in the municipalities of Zurgena ( whose mayor was
arrested this week in an operation against urban corruption) Albox, Oria,
Cantoria and Arboleas.
The investigations were known about, but in February
the demolition of a house in Vera, owned by British people, set off alarm bells.
The British community united in a call for help to the European Union. Most
feel cheated by the lack of control in recent years. "Nobody did their job
properly," concluded David, spokesman for the association 'Abusos Urbanisticos
Almanzora NO' which brings together 300 affected British people. "I promised my
wife that if we didn't like it here we would move in a couple of years, but we
are trapped. We have put our life savings into these houses and nobody warned
us," added David.
One could write a novella about the stories of these
homeowners, all in Albox. In three years, Judy, a retired British Telecom
operator has spent 300,000 euros on a house for which she cannot obtain an
escritura. It has no running water, no light. She spends 90 euros a week on an
electricity generator and had to pay 6,000 euros to a neighbor in a boundary
dispute. Judy angrily explains why she is now responsible for all expenses.
The builder, now disappeared, got her to sign a contract in which she appeared
as the promoter.
The case is repeated, with variations, in 12 other homes,
also the responsibility of the same promoter.
Thomas, a mechanical engineer,
owner of the villa Los Dos Torres paid 1,000 euros for the installation of water
and his share of the 100,000 euro cost for the installation of electricity
pylons near his home. "Sevillana disconnected our electricity because the
houses do not have their first license of occupation," he explains.
"We need
people to know that the English community does not have unlimited resources and
we need solutions soon" stresses David.
In recent years, the economy of the
inland towns has risen. Shops, supermarkets and countless realtors have opened.
Many young people have found work in construction, while farmers and exchanged
poorly paid and difficult work on the land for cheques which guarantee comfort
for life.
Prior to 2007, Albox had 13 demolition orders. In
neighbouring Arboleas, also bordering Zurgena, Ecologists in Action have
denounced illegal development activities in 7 districts.
El
Pais Article in Spanish
EU reviews latest petitions from Spanish
homeowners
AUAN, 6thApril
2008
Expatriates whose Spanish homes have been revealed
to be illegal, who have had their homes demolished or who have seen their land
seized under the so-called 'land grab' laws in the Valencia region, have been
telling their stories over the past two days to a committee of MEP's in
Brussels. It is fair to say that the results have been mixed. The EU petitions
committee have made it clear they can only act when EU legislation exists and a
member state is in breach of that legislation.
For example, in response
to a petition from a couple in Zurgena who highlighted
the issue of serious financial loss following the decision of the government of
Andalucia to challenge allegedly illegal building licenses granted by the local
authorities, the committee responded: '..There is no EU legislation regulating the
legal requirements relating to the granting of licences to build or the
respective remedies against national authorities in case of misuse of public
powers. According to the principle of subsidiarity and under the Treaty, this is
a matter for which the Member States have exclusive competence. The petitioners
should be advised to seek redress through the competent judicial authorities in
Spain'.
Our colleagues in the Valentian region , the AUN,
have achieved a greater degree of success by challenging the legality of the
Valancian Land Laws. On their latest submission which challenged various aspects of
the LUV, the EU commission advised that ' Accordingly, on 27 June 2007, the
Commission decided to bring the matter of Valencian urban development
legislation before the Court of Justice. The Commission will keep Parliament
informed of any further action in this court case.'
As
reported by typicallyspanish.com Michael Cashman MEP stated that 'Though the
Commission may not have a direct role in the internal land laws in Spain, the
fact of the matter is that people's fundamental rights are being trampled over'.
He called for a moratorium on any more decisions under the law and a halt to any
further demolitions of peoples homes.
Mr. Cashman's concerns have
been echoed by the British Euro MP's Neil Parish and Robert
Atkins, with the latter saying it was simply unacceptable
for people to lose their homes, lose their money, and lose their savings.
Austrian Socialist Euro MP, Herbert Bösch, is calling for all European aid
to be blocked to the Valencia region until they resolve the 'town planning
abuse', and he has also launched a message advising people not to make any sort
of investment in the region.
Spanish Euro MP for the Partido Popular,
José Manuel García
Margallo, has commented that he feels sorry for those affected, but
'the European Union has no responsibility for town planning and these are
questions which have to be resolved in Spain'.
Click here for full list of petitions (start with number
45)
PSOE Mayor of La Axarquía charged with
irregularities
Translated
from El Pais news report, 6th April 2008
According to sources in the public ministry, last month the Fiscalía de
Medio Ambiente sent 6 denuncias to the prosecutor of the malagan
district de Vélez-Málaga against the mayor of Canillas de Aceituno
(Málaga), José Manuel Aranda (PSOE) for the granting of allegedly illegal
building licenses.
Complete
article in Spanish
Comment from Junta de Andalucia on Zurgena
arrests
Translated
from Canal Si News Report, 3rd April 2008
Luis Caparros, Minister for Public Works, Junta de Andalucia made the
following comments whilst speaking to reporters from Canal Si.....
'We
need to respect the judges decision - I know all of the 102 mayors in this
region very well. This is not a very nice situation for anybody. I hope and wish
that all the problems of Zurgena will end as soon as possible. I do not doubt
that they will be resolved'.
'We are talking right now with the mayor and the
town hall. We have had many meetings. The Council is working on their
PGOU and has given it their initial approval. This is the framework that we
need to work within to resolve the issue of irregular houses in a legal
manner.'
'There are some contentious issues. The Junta is reviewing the
files - as are the judges'.
Watch the
Interview in Spanish
Five Arrested in Zurgena in raid on urban
corruption
El Mundo,
Thursday 03/04/2008 10:40 (CET) Mariano Lopez | JAVIER M. DE LAHORRA
ALMERÍA .- The mayor of Zurgena (Almeria), Candido Trabalón, has been
arrested by the Civil Guard in an operation coordinated with the Fiscal de Medio
Ambiente de Almería who has been investigating crimes of corruption, bribery and
breach of planning laws.
Accompanied by judicial officials from the
capital, agents of the Grupo de Delitos Urbanísticos del Instituto Armado spent
the day seizing a dozen records from Zurgena council, from promoters and
construction and architectural studios located in the towns of Albox,
Huércal-Overa and Zurgena.
The councilor for Urban Development, Manuel
Tijeral, also of the Partido Andalucista, has also been arrested -as was the
municipal architect Carlos Berbel, the technical architect and a builder of the
district of Almanzora.
The so-called 'Operation Costurero' started early
in the morning. At 08.00 hours several Guardia Civil vehicles accompanied
by judicial officials left the Almeria capital in the direction
of Zurgena, where the first records were seized and the Partido Andalucista
mayor was arrested.
The stunning intervention by the Grupo de Delitos
continued in various promoters offices in the neighboring municipalities of
Albox and Huércal-Overa, whose magistrate of court No. 2 directed the search at
the request of the Fiscalía de Medio Ambiente.
During the different
raids agents seized dozens of boxes full of records, projects, planning
permissions and Urban agreements signed by the Municipality of Zurgena, a
municipality that has hundreds of illegal housing-with municipal licenses -
built on rustic land. In addition to all this documentation, the Civil Guard
also took computer equipment and several files from a promoter in neighboring
Huércal-Overa.
The case revolves around the legality of the permits
issued to four companies for construction on land designated as rustic in the
districts of La Alfoquía, Los Llanos del Peral, Cucador, Los Melchores-Las
Golondrinas and Los Carasoles.
Full article in Spanish in El
Mundo
More arrests and charges in
Andalucia
Aljarque 2nd April 2008: The former mayor
of Aljaraque (Huelva), Juan Manuel Orta, and the former councilor for
Urban Development, Casto Pino, mebers of the PP party, were arrested yesterday
by the Civil Guard at the request of the Prosecutor of Huelva and charged with
an alleged tax offence and another charge of money laundering,
according to sources from the Ministry of Public Prosecutions.
The
mayor was denounced on charges of personal enrichment during his 12
years in office through illegal acts in the granting of planning permissions.
The mayor is counter-suing the promoter who denounced him.
See full article in Spanish in IDEAL
La Línea 2nd April 2008:
The Judge of the 'Primera Instancia e Instrucción 1' of La Línea de la
Concepción (Cadiz), Maria del Carmen Longo, charged the mayor, Juan Carlos
Juarez (PP), and four of his councilors with the crimes of corruption, bribery,
influence peddling and altering of prices during a public tender. The case
stemmed from the alleged irregularities in the awarding of four parcels of
municipal land to the company Roseworld.
See full article in Spanish in
El
Pais
Another House demolished in
Andalucia
El Pais,
2nd April 2008 by Manual Planelles
The city of Cordoba
has demolished the first illegal villa in the mountains. The police evicted the
Spanish owners 7 years after the denuncia. The house was constructed without any
building permits on land in Cerro San Cristobal on the Sierra Morena. This is
the first clandestine chalet demolished in Cordoba, a city with a large
municipality riddled with such houses. The action is seen as a symbolic warning
to those who believe that they can build houses with impunity without
licenses.
See full article in Spanish in El
Pais
March 2008
HOUSE ON THE
HILL
By
Richard Torné, Costa Almeria News,March 6-13 2008
A MANSION belonging to a socialist
councilor and a Junta employee built close to where the Priors had their home
demolished last January has raised concerns among expats as to the regional
government’s impartiality when it comes to deciding which properties are pulled
down.
Alfonso Rodriguez, who works for the Junta as harbour master in
Garrucha, and his wife, Carmen Muñoz, a councillor and former mayoral candidate
for the Socialist party (PSOE) in the same town, demolished an old cortijo to
build a 420-square metre, two-storey mansion on Loma de Vera in early
2007.
The house, which was completed shortly before Christmas, is located
just metres away from two properties belonging to expats which the Junta wants
to pull down.
According to the law on the restoration of a ruin, any new
structure has to be built over the ‘footprint’ of the original building.
Yet the mansion, which bears little resemblance to a traditional
Andalucian home, was built more than 15 metres away from where the original
cortijo stood. It is also far bigger in size, totalling 420 square metres.
Although by law a larger construction can be built over the site of an
original ruin it is still required to comply with strict guidelines. According
to Sr Rodriguez, the original cortijo was 135 square metres in size. He said the
law allowed him to build a property whose ground floor dimensions could be 25
per cent greater than the original dimensions – in this case 175 square
metres.
But John Bull, who is a neighbour and whose property is earmarked
for demolition, said the original cortijo was far smaller. His views are
supported by cadastral records, which show that the structure measured less than
80 square metres in size.
The huge house has become such a talking point
among local expats that they have christened it ‘the travel lodge’, due to its
imposing presence on the top of a hill.
The revelation will do little to
reassure Loma de Vera’s expat community - or indeed the thousands of Brits
living in Almería who have a demolition order hanging over them - that the Junta
is acting even-handedly on the matter.
Mr Bull, who stressed he was not
seeking to have any house pulled down, said: “It’s ridiculous that their
property is the only one without a ‘denuncia’ by the Junta.”
His wife,
Christine, was more forthright: “The Junta is clearly showing favouritism.”
Expat Angela Willis, who lives opposite the house belonging to Sr
Rodriguez and Sra Muñoz, received the unwelcome news two weeks ago that the
Junta had presented an unfavourable report about her property – the same
procedure which set the wheels in motion for the demolition of the Priors’ home
more than four years ago. An aggrieved Mrs Willis said: “It’s not sour grapes,
and personally I get on well with the owners of the house, but I am angry that
the mayor (Félix López) was still signing permits in October 2003 despite
knowing that there were discrepancies with the Junta.”
A combative Mrs
Willis said she still wanted to stay. “If they accepted our taxes I’m entitled
to be here,” she remarked.
Although the demolition of the Priors’ home
in January sent shockwaves through the British media, it has gone largely
unreported in the Spanish national press. Reflecting that widespread
indifference, the regional government has so far not felt the need to make a
statement clarifying its position over demolitions, or whether it still intends
to pull down thousands of properties in Almería.
But the revelation will
prove to be embarrassing for the Junta on the eve of regional and national
elections on Sunday, particularly as councillor Muñoz is a long-standing PSOE
politician in Garrucha. Vera’s councillor for urban planning, Paco Vázquez,
expressed surprise at this newspaper’s findings. He said: “The project they
presented was for a restoration and they should have built over the existing
area.”
rtorne@canews.es
Open Letter from the
AUAN
Press
Release, The Almanzora Valley, March 3rd 2008
The outrageous demolition of the expats home at Vera should surely have
concentrated the minds of everyone in the area to the dangerous situation in
which many of us live at the moment. Anyone who thinks, because they have a
'certificate of first occupation', that they are safe, should read again that
those unfortunate residents at Vera also held that very same document. What
makes a home safe in these troubling times? Only, it seems, if your house is on
the PGOU! Is your house on the PGOU? No, we don't mean the vague 'soon to be
produced PGOU' with your house promised to be on it! We mean 'is it on a Junta
approved urbanised area within the PGOU?' Nothing else appears to be safe.
The AUAN is preparing to lobby the new government that will be formed
after the forthcoming elections. We will continue to apply pressure on the
Spanish Government through whatever peaceful means is available to us, including
the media. The problems we are experiencing are being experienced all over
Spain, and we are talking to similar associations that are also campaigning for
a resolution to them. Together our voice will be louder.
According to
the Economists, there is trouble ahead in the World economy. Do the Spanish
government really think that the rumbling of JCBs knocking down houses, bought
in good faith, will improve the future economy of Spain? The demolition of one
house has sent a huge ripple of concern through the International community and
aroused intense interest from the international media. There are reputedly
1600-2000 illegal properties in the Almanzora Valley. The authorities seem to
have happily condoned, or turned a blind eye to, the building of homes worth
100s of millions of €s. Does the government plan to demolish them all in the
expectation that there will be no cost to the community as a whole? We in the
AUAN believe that the administrations concerned have the moral and legal
obligation to seek a solution to this issue if they wish to see continued
foreign investment in this beautiful region of Spain. We ask that they act
quickly to deliver on their promises through the PGOUs and the Sub Regional
Plans.
Finally, the AUAN has no reason to believe that demolitions happen
because the Junta is persecuting foreigners. Spanish homes were demolished, near
Cordoba, in December 2007. This is a problem for everybody, brought about by the
negligent actions of administrations and some developers. The AUAN will continue
to press for an equitable solution to the problem.
Thank you for reading
this letter. More details and information can be found on this website.
Membership details can be obtained by email from membership@almanzora-au.org ,
or by calling 0034 617118209.
Regards - The AUAN committee.
The Subregional Plan for
Almanzora should come from the region
Translated from La Voz de Almeria Newspaper
Supplement, March 5th, 2008
Luis Aurelio
Perez Tapia, president of the Association of Entrepreneurs and Professionals of
Albox, Valle de Almanzora (AEPA) made a plea to our administration which
was reported in the Voz de Almeria.
We still hope that the leadership takes any measure that
allows the reactivation of British tourism that has revived towns in the region
and not leave us bleeding to death, with nice words and promises that have yet
to be fulfilled.
Perhaps the Sub Regional plans are not the solution to the
problem, but they can be like a door that opens to hope for this part
of the Valle del Almanzora.
At this moment of uncertainty, we need an
active and agile administration, that launches initiatives to fill us with hope,
that does not discard each proposal, destroying the dreams of a town. I take
this opportunity to make a request, to say to the Administration of Andalucia
that the sub regional plan of Valle del Almanzora should be from the bottom up,
or from the region, if we wish to change and not make a suit that does not fit
and then has to be altered.
February 2008
Zurgena - Los Llanos de
Perle
AUAN,
February 28th 2008
The AUAN has confirmed that residents of Los Llanos de Perle in Zurgena have
received letters from thier council advising them that the Junta has referred
the cases of the legality of their homes to the courts. Zurgena council has
stated that it is 100% confident that the Juntas' cases will not be successful
and further claims that the action is politically motivated.
Jim Simpson
(Zurgena councillor) is keeping his constituents informed on his
blog.
Albox - 11 illegal properties threatened with
demolition
As reported by
Richard Torné, Costa Almería News,February 2008
There are currently 11 illegal properties in Albox belonging to expats which are threatened with demolition, and although 10 of these are temporarily safe due to court appeals, the mayor of the town, José Navarro, said he was “very concerned” about one home in particular, adding that it could be demolished at any time because “virtually all appeals have been exhausted”.
Speaking to Costa Almería News, Sr Navarro also
revealed that all the properties in question were given the necessary permits by
the previous council administration, adding that the circumstances were very
similar to those which resulted in the demolition of the Priors’ home a month
ago.
Nationwide
AUN, Weekly Report 29.02.2008
High charges
on owners of illegal houses in Catral
Owners of illegal houses in
the Municipality of Catral have been asked to pay up to 5 Euros per square meter
per building as a contribution to the new urban plan which may legalize
their homes. Additional charges can also be expected when the infrastructure is
provided. The Regional Government has so far started proceedings against 148
owners and is demanding the demoliton of 34 houses.
Gata town hall finish
urbanization
The Municipality of Gata (Alicante) has decided to
complete the lacking infrastructure in the 'Gata Residencial' development. They
will use the guarantees paid by the bankrupt promoter to provide the 740
bungalows with drainage, street lighting and pavements.
Arrested for selling farm land as
building plots
The Guardia Civil have arrested a man who bought 3
pieces of farm land in Benicarlo (Castellon) which he subdivided into 39 plots
of 400 meters, advertised them as building plots and sold, mainly to Germans,
making a profit of 400,000 Euro.
The Costa Dream that Turned
Sour
As reported by Paul Hamilos, The Guardian, February 6th
2008
The Guardian
December/January 2008
Expatriates protest demolition plans
The
Daily Telegraph, January 27th 2008
Daily
Telegraph
Expats protest retirement home demolition in
Vera
Typically Spanish website, January 28th
2008
Typically
Spanish
Demonstration Held in Vera, Spain over illegal
builds
Over 1000 protesters attend Vera Demonstration
Article first published: Sunday27th January
2008, 15.30 CET
Last updated: Monday28th January 2008, 08.19 CET
Author:
Royters De La Rambla
A cold grey morning didn't stop over 1000 people turning out to Vera's Plaza
Mayor to support the Prior family who, amid much publicity, had their villa
in La Loma, Vera, demolished in early January. Around 70% of the attendees
were Spanish, of all ages, braving the chill with the English supporters, to
wait an hour for the demonstration to start - it had been delayed as protesters
had to wait for mass in the church to finish.
The meeting was opened by
Lenox Napier (Ciudadanos Europeos), who
gave an outline of what would be covered by the two guest Speakers, Angel Medina
the vice mayor of Mojacar and Paco Vasquez a Vera town planning councillor. He
also said that Helen Prior would briefly make a speech at the end of the
presentation, to thank all those attending for their support. He asked for all
of present to give a round of applause at that point for the Priors, to show our
support for them, and a warm round of applause followed.
Lenox kept both the Spanish and English contingent happy and up to date by speaking a few sentences in Spanish and then translating into English. This was appreciated by everyone as there was no long wait to hear what was being said.
Angel Medina spoke quite briefly, but to the point, quoting the old Roman Law, existing here for two thousand years, which states that everyone has a right to a home. He added that no house should be demolished due to a political wrangle.
The second speaker, Mr
Vasquez, began by explaining that Spanish law prevented the mayor of Vera from
attending the rally. He then went on to say that it was a disgrace that the
Junta had chosen to demolish a house that was fully legal, with all paperwork
available for inspection in the Town Hall if anyone wanted to look at it. He
said that Almeria was 85% protected land, and that it has been thoughtfully
developed, with no skyscrapers etc, and he couldn't understand why they were
making an example of Almeria with the demolition in Vera. Importantly, he said
that the Junta de Andalucia were now backtracking and have said that there will
be no more demolitions in Andalusia until the PGOU's (General Plans for Urban
Development) have been submitted by the Town Councils. Vasquez stated that the
Junta had said that the Priors home was demolished because they thought that it
was the beginning of a village or urbanisation in the rural area. He also stated
that the Junta was trying to remove the power from the Town Councils, who should
have the ultimate decision regarding planning for their area.
All the speeches were warmly received by the 1000 plus crowd, and the impression overall was one of genuine sympathy for the Priors and the ongoing situation.
The event was covered by both the Spanish and British media, including Spain's TVE, GMTV from the UK and various daily papers from the UK.
Lastly, Helen Prior came to
the stand and thanked everyone sincerely for their support. She spoke of how she
wanted to thank one lady from the Junta especially, who made such
determined efforts to make sure that their home was demolished, making two
pensioners homeless, and hoped the said lady could sleep at night. She also
invited Mr Zapatero (the president of Spain) to meet with her and look her in
the eye and say that demolishing their home was justified. She thanked everyone
once again, and at that point broke down in tears.
The rally dispersed slowly, many stopping to chat and hug Helen Prior and her
husband.
Original Article from
AlboxInfo.com
Holiday homes under threat
Angry Brits took to the streets in Spain yesterday in protest
ovet their dream homes being threatened with demolition.
GMTV Website, 27th January 2008
Earlier this month, the home of pensioners Len and Helen Prior on the south coast of Spain was demolished in front of them due to the regional Andalusian government claiming 10 houses in the area had been built illegally. At least four of the homes under threat in the village of Vera belong to Britons.
An estimated 100,000 homes have been built on protected land during a 10-year
housing boom along Spain's 1,000-mile Mediterranean coastline.
Thousands
of Britons bought homes in Spain only to discover they had been illegally
granted planning permission by town halls.
Now a senior prosecutor has
demanded that all those built illegally must be demolished.
Protest
Organised for locals, by locals, reports say that between 800 and 1000
participated in the Vera protest of the demolition of Len and Helen Prior's home
on January 9th. Several local Spanish organiations pulled together to
put pressure on the regional government to stop the
demolitions.
The next victims?
One Briton, whose home has been deemed illegal, fears his £450,000 home will
be next. John Bull, 66, a retired engineer, and his wife Christine, 64,
bought a three-bedroom villa 600 yards from the Priors' house six years ago.
He said: "Watching poor Len and Helen's house being demolished has
brought home the realisation that we could be next." The couple moved to
Vera after selling their home in Worthing, West Sussex, in search of a dream
life in the sunshine. "We love the house and everything was perfect for the
first three years. Then we had a phone call saying it had been deemed illegal
and was going to be knocked down. We challenged that decision in the courts but
lost. If they knock it down we will have nowhere to go."
Antonio Vercher, the chief state prosecutor in charge of protecting Spain's
environment, ordered prosecutors throughout the country to be relentless in
pursuing demolition orders. Thousands of expats were duped into buying homes
that should never have been built.
Most bought in good faith using
reliable solicitors and established developers and estate agents. Bribes,
corruption and backhanders between developers and town planners have been
commonplace. But Mr Vercher has said he is in favour of demolishing houses and
leaving homeowners to seek compensation from builders in the civil courts.
The story so far...
- In October, 2006, Spain launched a specialist police force to investigate corruption in urban planning
- Some 30,000 homes have been built illegally in Marbella, on the Costa del Sol, where a £2billion corruption scandal has resulted in the arrests of the mayor, head of planning and 50 other officials
- In Catral, near Alicante, on the Costa Blanca, 1,270 homes owned by Britons and worth an average of £200,000 have been threatened with demolition
Original Article on GMTV
Website
Spanish 'persecuting' expatriates over
homes
"Hundreds of Britons fear that they could lose
their homes on the Costas in what they claim is an "out-and-out persecution" of
the expatriate community.
From Fiona Govan in
Vera, Telegraph, 19th January 2008
Residents' groups are planning demonstrations outside
their town halls over the coming weeks to demand that the homes they bought in
good faith are declared safe against an offensive by Spanish authorities to demolish
property built illegally.
Among those affected are John and Christine Bull, who sold their
family home in Goring-on-Sea, in West Sussex, four years ago to start their
retirement on the Costa Almeria in southern Spain.
But they believe
their home, a modest three-bedroom bungalow in landscaped gardens three miles
inland from the Mediterranean, is next in line for the wrecker's ball.
"I doubt very much that we will be here next year," said Mr Bull, 66, as
he surveyed the property that has cost them £200,000 just outside the town of
Vera.
Last week they watched as a demolition crew tore down the home of their neighbours, Len and Helen Prior, after the regional government of Andalusia revoked the building licence issued by the town hall.
"When they did that the authorities were sending a message and we got it loud and clear," said Mr Bull, who says his house is next on the demolition list.
"We are consulting lawyers and have spoken to the mayor but
there seems to be nothing we can do to stop the order. They think that because
we are foreigners our rights can be ignored. But we intend to make a lot of
noise about it."
Next weekend the Bulls will be among thousands expected to demonstrate outside the local town hall calling for justice.
"Just like the Priors we did everything possible to get permission to built our home and we were assured that our house was legal," said Mrs Bull. "We weren't duped into anything and there is no suggestion of corruption. But it seems we are caught in a battle between the local council and the regional government."
But the problems are not confined to Vera and the issue has sent shockwaves across the expatriate community of Spain, where as many as a million Britons are thought to own property. Along the coast from Vera is Mojacar, which has an expatriate population of 50 per cent.
"It is out-and-out persecution of the expat community," said Lenox Napier, 55, a 40-year resident of Mojacar and the secretary of the Ciudadanos Europeos Party, which will lead the demonstrations next week.
"No one wants to say that without foreign investment in this area the Spanish would still be growing tomatoes and riding around on donkeys but it is true. They think expats like the Priors are an easy target but they haven't thought of the message they are sending out.
"There is already a slump in real estate in the region and thousands of newly built homes are standing empty and this latest news has served as a nail in the coffin. Who will want to buy in Spain now?" But a spokesman from the Spanish Embassy in London urged the Priors' case to be taken in context.
"There has been one case of a British expat to have their home
knocked down. It's an isolated case out of tens of thousands of British people
who continue to enjoy living in Spain and should be taken as such," said the
spokesman.
Original
Article by Telegraph
Cordoba Villas Demolished - As reported in The
Olive Press
January 17th, 2008
The
Olive Press
Vera Villa Demolition - As reported in Costa Almeria
News
Friday 18-24th January, 2008
Costa Almeria
News
Condor Denounces 'trickery'
EuroWeekly News 10-16th
January
The ecologist group Condor have accused the City Hall of Almeria of using
"tricks to build where they want" Condor publicly denounced the City Hall,
saying that councillors are mocking the residents of the region, purely for the
reason of filling the municipal chests and the pockets of politicians with
money. Condor said that this may well prove to be good for the City Hall,
but that the residents suffer through "disorderly excessive growth without basic
services".
AUAN condemns demolition of Britons'
home
Statement from the AUAN, Sunday, January
13-2008
So,it has finally happened! As the AUAN, set up to fight for the legalisation
of all the illegal houses in the Almanzora Valley, reaches the first anniversary
of its foundation, a British couple’s home has been demolished in Vera! What a
disastrous start to 2008 for Mr and Mrs Prior, and a matter of grave concern to
the rest of us who find ourselves at risk from a similar fate.
The AUAN
has been warning of the danger. Many people have just refused to acknowledge it
and, because they have an escritura for their house, or even just their land,
consider they are fully legal.The AUAN has yet to finish the investigation into
the background of this disturbing incident, but the Spanish press carry the
story that the Mayor of Vera has indicated that Mr and Mrs Prior’s house
was ‘fully legal’. This gives us little comfort.
Mr Louis
Caparrós, the Director of Public Works and Transport with the Junta of
Andalucia, is reported as saying that the rule of law has been restored in
Andalucia by the demolition of the Prior’s villa. Where was the rule of law on
planning matters years ago, when the authorities either turned a blind eye to,
or actively encouraged, the property developers? Where was the rule of law, when
the Abogados failed to warn the purchasers of the dangers of buying these
‘illegal’ properties?So the Junta makes an example of the homeowner? It is
not an indication of strong Government, to victimise the weak!
What a
body blow to the Andalucian reputation this incident has been. The demolition
has been widely reported in the British, and other foreign press, with the
reaction ‘Shame on Spain‘. Will the Spanish be surprised when the tourists and
retirees stop coming to Spain?
This entire situation is damaging to the
economic prosperity of the region and impacts all of us who live here.
We forget at our peril that the Supreme Court Public Prosecutor, Antonio
Vercher, said in November 2006 that 100,000 illegal properties would have to be
demolished in Spain. 5 Spanish owned properties were demolished near Cordoba
just before Christmas. The Spanish press links the demolition of the Prior’s
home with the other 5 properties nearby, and 11 houses near Albox. Somebody’s
pain is about to get worse!
The AUAN will continue to increase its
pressure on the EU and British Governments to, in turn, apply pressure on the
Spanish Government. We shall again petition the King of Spain, and we shall
demand from local Mayors a clear indication of how dangerous the threat
is.
.....and what can YOU do? Support the AUAN. If you are concerned,
join us! You will be very welcome. The more members we have, the louder our
voice to demand fair play for the homeowner!
Our Demolished Dreams
Thousands
of expat homes under threat
From Tom
Worden in Madrid, Daily Express, Saturday, January
12-2008
More
British expats told of their heartbreak yesterday as they waited for their dream
homes in Spain to be knocked down.
They revealed their plight just days after
Helen and Len Prior saw their property flattened as part of a government
clampdown.
Yesterday a spokesman for the Andalusian government in the Almeria
region threatened: “Ten more houses in that area were illegally built and will
be demolished”.
At the same time, a senior prosecutor vowed that every home
deemed to be illegal would be relentlessly destroyed.
Retired engineer John
Bull, 66, and his wife Christine, 64 bought their three-bedroom villa 600 yards
from the Priors’ house six years ago.
Now they fear that their home in the
sunshine worth £450,000 is doomed to destruction.
Mr Bull said: “We are now
very worried that our house will be knocked down. Watching poor Len and Helen’s
house being demolished has brought home the realisation that we could be
next.”
The couple moved to the village of Vera after selling their home in
Worthing,West Sussex.
Mr Bull said: “We love the house and everything was
perfect for the first three years. Then we had a phone call saying it had been
deemed illegal and was going to be knocked down.
“We challenged that decision
in the courts but lost. We sold up to move out here, so if they knock it down we
will have nowhere to go.”
The Priors looked on in despair on Wednesday as
their home in Vera was bulldozed.
Spanish authorities claimed the
three-bedroom £350,000 house had been built illegally on green belt land even
though the Priors were given the go-ahead by local officials.
The ordeal was
too much for Mr. Prior, 63, who suffers from a heart condition. He collapsed and
had to be rushed to hospital.
An estimated 100,000 homes have been built on
protected land during a 10 year housing boom along Spain’s 1,000-mile
Mediterranean coastline.
Thousands of Britons have bought homes only to
discover they had been wrongly granted planning permission.
Tension grew
yesterday after worried home owners were dealt a fresh blow when a senior
prosecutor demanded that all illegally built houses must be
demolished.
Antonio Vercher, the chief state prosecutor in charge of
protecting Spain’s environment, insisted that properties built on protected land
should be bulldozed.
He ordered prosecutors throughout the country to be
relentless in pursuing demolition orders.
Thousands of expats were duped into
buying homes which should never have been built. The majority bought in good
faith using reliable lawyers and established developers and estate
agents.
But bribes, corruption and backhanders between developers and local
town planners have been commonplace.
Mr Vercher, however, has said he is in
favour of demolishing houses and leaving devastated owners to seek compensation
from builders in the civil courts.
Villa demolition: Comment from Luis Caparrós, Minister
of Public Works, Junta de Andalucia
"The rule of law
has been restored" by the demolition of the house in Vera according to the
Minister of Public Works
Translated from an
original article in TELEPRENSA 10th Jan 2008
"The Ministry of Public Works and Government Andalusian
respect and abide by the judge's decision, a final judgement, which has
restored the rule of law, the rule of law works," says Luis Caparrós ,Minister
of public works. According to him, the house was built on land that the
Junta understands was not urbanisable in 2000, when the house was built.
Caparrós stated that "the City Council has had enough time, we appealed
against the license and asked them to review it - they did not want to do
this and continued, and we all know what has now happened - it is not a
pleasant situation, but importantly, the rule of law has be maintained
and legality restored. "
The Government of Andalusia has begun to
implement a court order that requires the demolition of illegal houses built by
17 retired British people, mostly in rural areas outside of urban plans. The
first to fall under the onslaught of a digger was a villa built on a plot
of 10,000 square metres in the area of Loma de Vera. Five other buildings of
similar characteristics will be demolised in Vera and eleven more in the
municipality of Albox.
This is not the only open judicial proceedings for
cases of illegal dwellings. In different areas of the province it is
estimated that there are thousands, concentrated especially in the Valle del
Almanzora. Most of them are big farms divided into units of 1,000 to 3,000
meters whose sole building permit is usually a warehouse for agricultural
tools and small buildings of that sort.
The same situation has occurred
in other areas of special protection in Sierra Nevada Almeria, where allegedly
illegal housing has been discovered, promoted by councillors of the Municipality
of Almeria -still in office.
Original
Article by TELEPRESNA
Vera Villa Demolition - As reported in British
Press
The
Times
The
Telegraph
The
Daily Mail
The Junta undertakes the demolition of a house declared
illegal in Vera
The mayor of the municipality, Felix
Lopez, is outraged and is sure that with this action "we have become the
scapegoat for the province of Almeria"
Translated from an original article in IDEAL.ES by Javier Navarro
10th Jan 2008 
The demolition took place yesterday at 15.00 in Vera of a house deemed
illegal by the Junta de Andalusia, according to a judgement of
Court Number 2 of the Contencioso Administrativo de Almería, April
2004.
The mayor of the municipality, Felix Lopez Caparrós, yesterday
expressed outrage at the demolition of this house located in La Loma and
commented that "we have become the scapegoat for the province of
Almeria".
According to the mayor, the demolition was done "with the
presence of the Regional Police and the Local Vera Police, to avoid any
problems." For four years, two English retirees "around seventy years"
lived in this house, which was given the go-ahead by Vera
council.
"In 2002, the project license for this rural house was
granted, as it complies with the provisions of the Rules of the City of Vera:
plot minimum of 10,000 meters; setback boundaries of ten metres, and 50 metres
minimum distance to another house, " he stated.
However, he continued
"the Provincial Commission of Almeria, an agency under the Ministry of Public
Works, gave an adverse report in 2003 -a report that is not binding and
therefore we proceeded. The ruling of the judge alluded to a possible risk of
creating a core population -we disagreed and continue to disagree with this,
since the City Council does not provide municipal services in this area, because
there is no town. "
Moreover, according to the Mayor of Vera, this
demolition is an injustice because "there is a claim in the Constitutional Court
and another filed in the High Court of Andalusia, and they have not waited for
the result." As for communicating the demolition of the house, the family were
informed on December 19, while the City Council was not advised
until the day before yesterday at 1430 , according to the Vera Council
Leader : "I called the Delegation of Public Works yesterday (Tuesday) and they
told me that the demolition had been reported on 28 December, but we have no
evidence of this at City Hall. "
"The Minister of Public works will be
the only one satisfied because , in the province of Almeria, there are more than
1,600 illegal houses on rustic land, public rights of way, roads and
parks", stressed Felix Lopez Caparrós. "You deal with the stubbornness of
the Comission of Public Works. They think that like this they are going to
legalize all the urban development of the province ", he
concluded.
Original
Article on Ideal.es
DEMOLITION OF AN ILLEGAL HOUSE IN THE LOMA DE
VERA
One of 8 houses with a demolition order. Thousands
of constructions in the region are in the same situation
Translated from an original article in DIARIO ALMERIA by J.S.
Vera 10th Jan 2008 
The demolition began yesterday of one of the houses in Llanos de la Rosa de
Vera which had a demolition order , having been judged to be an illegal house
constructed on non urbanisable land (suelo no urbanizable) with a license from
the Council that was appealed by the Junta.
Thus, a married man of
English origin who lived in this house for 4 years found himself on the street,
and yesterday morning the man suffered, according to a neighbour , a heart
attack from the impact of the event.
This house is one of many that is in
an illegal situation in the region of Levante and Almanzora. In fact, this
summer a date and time existed to knock down another house in La Loma de Vera,
very close to the one destroyed yesterday, but in the end, this was avoided. In
total there are at least 6 houses in Vera with a demolition order.
There
are illegal houses in all the towns in the region: Cuevas del Almanzora,
Carboneras, Albox, Zurgena, Arboleas amongst many others. Many of them denounced
by Seprona, the Junta, Ecologists in Action, among others, and some of them as
is the case of eleven properties in Albox have a demolition order.
It is
estimated that there may be 8,000 illegal homes scattered throughout the region
of Almanzora many of which will be regulated under the PGOU of individual
municipalities and some mayors have already expressed the hope that they can
regularize many more through the sub regional plans. However, there will be
others cannot be legalize. One question is who is going to pay for basic
services so that these houses can be regularized and who pays for the demolition
of those that need to be pulled down.
Original
Article on Vera Forum
As
reported on Alboxinfo.com
First Demolition of Illegal houses in
Cordoba
Bulldozers demolish five houses with pools
erected outside the law in an Obejo urbanization
Translated from original article by EFE, El
Pais,Andalucia, 19 December 2007 
The bulldozers have begun their work. Today began the
demolition of five illegal houses with pool erected outside the law in the
Pedrique urbanization, in the Cordoban municipality of Obejo (1,500
inhabitants). To date, there had been no demolitions in the province of Cordoba.
This one was decreed by a judge in 2004 and has been upheld through various
appeals.
The demolition has taken place after the Provincial Court of Cordoba confirm the judgment of Criminal Court number one which condemned the promoter of the five houses to one year and eight months in prison and demolition of the buildings. Only one of the five houses is the residence of the owner, whilst the other four are second homes.
To avoid incidents, the bulldozers worked guarded by some
thirty agents of the National Police Corps, the Guardia Civil and
the local Obejo police. One of the owners suffered an attack of
anxiety, and was attended by the emergency services. Legal Action against the promoter The lawyer for the five owners, Rafael Aranda, has informed journalists
that they intend to sue the developer who sold them the plots for fraud. In
addition, they claim damages arising from the sale of these plots, which
the lawyer estimated at between 60,000 and 90,000 euros. The lawyer had referred to habeas corpus that the owners have submitted to
the Constitutional Court. Aranda said that the damage "already is irreparable
because the houses were demolished before the court to rule."
October/November 2007
The Junta looks into legalising the houses of Albox and
'shielding' the land so that it doesn't happen
again
"Will legalise if electricity, roads
and water are gauranteed"
Translated from
original article by ÁFRICA MATEO ALMERÍA, IDEAL, 25 November 2007
The Office of Public works
of the Junta is not comfortable with the situation of illegal houses in Albox.
In addition, the visit of the delegation of EU parliamentarians hearing
denuncias from those affected, worsened, if possible, the situation. For that
reason it has been working for months to find a good solution for those 500
families who have properties built on rustic land.
In principle, the planners from the Office of Public Works in Almeria thought that the situation of the houses could be regularized through the General Plan - PGOU -. But there are many houses and, worse, they are very far from the urban nucleus.
For this reason the residents (in the majority English) affected by the situation will have to hope that the Sub Regional Plan of Levante is approved. This regulation, governing the planning of the entire region, is superior to the General Plan (PGOU).
According to Luis Caparros, delegate of the Office of Public Works, these regional plans suggest that the PGOU is the one that resolves the situation of houses that are unplanned.
According to details, it suggests that a 'corona' is drawn around all the houses that are completed and lived in. Anything outside this 'corona' is declared protected land (on which nothing can be built). From then on if anybody builds outside of the 'corona' they would have to answer to the penal courts.
The objective is to give a way out to existing constructions but not to allow
any more. Yes, of course, to legalise the houses in Albox (not the only
municipality in the region that has houses outside the urban nucleus in a rural
zone), those that have constructed the houses or own them will have to pay for
the services that many houses do not currently have - like light and
water.
Original Text : Ideal
Article
English newspapers warn their compatriots not to buy
houses in Almeria
The Times and the
BBC network publish reports about 4000 British people "swindled" in the
Almanzora
Translated from original article by
Q.Chirino Y.M.V.Cobo Albox, IDEAL, 25 November 2007
It is night and
the car seems like a doll in the middle of the countryside. There isn't a bit of
light and the roads don't exist, only tracks created by the passage of
vehicles.
"More slowly, more slowly" pleads our guide David (who does not speak or understand Spanish) as we bounce up the road to his house.
The setting is the outskirts of Albox, a town of about 11,000 inhabitants. As far as the eye can see in the moonlight are hundreds of illegal houses crowded between hills and fallow fields. In Albox alone there must be 500 and in all of the valley of Almanzora there must be thousands. Some estimates speak of 4,000 and others 6,000, echoing the last Memoria of the Fiscalía de Medio Ambiente (Public Prosecutor) of the Superior Court of Justice of Andalucia.
500 English families live in Albox. Maybe because it is the middle of the night and one cannot measure the true scale but, the panorama is discouraging. It is inexplicable that this situation has come about without anybody doing anything to avoid it. David recounts that many houses have neither light nor water.
A group of compatriots have formed the association 'Abusos Urbanistica Almanzora No' which consists of 400 residents. Except for one German the rest are all English. "We need more, we are not enough" explains Bob Preston, their spokesman.
They feel like victems of a swindle. Some knew the Costa Almeria. Others only wanted a sunny location for their retirement. So they began to search outward from the border with France for a suitable location at a reasonable price. They arrived at the Almerian coast but the houses were too expensive. Several property developers, that they do not want to name, led them inland."We were excited. Here the weather is very good and we could live in the middle of nature" explains David. What happend next was very quick. They gave a 5% deposit and in less than one year the houses were complete. "They built the tiled roof before completing the walls so that we paid the total more quickly. Without escritura or anything". For them "A rustic house is a house in the countryside, not a place that cannot be urbanised".
David explains that in some cases they only bought land and the same company built the villas for them. Many of these companies disappeared after being paid. But still English newspapers have advertisements for idylic houses in this corner of Almeria.
The pain in Spain
Life in Almeria has become a trial. "We don't know if they are going to knock down the houses tomorrow" they exclaim. Leading British media have picked up on the case and have published extensive news articles."Pensioners pain in Spain" headlines The Times. The BBC network has also transmitted a documentary about its compatriots in Albox.
In the reporting 'fraud' is spoken of and Britains are warned to be careful
before coming to the Peninsula and in particular to Almeria. "The blight affects
at least 4,000 properties in the Almanzora valley in AlmerÍa, southeast Spain",
reports The Times in its edition of 2 November. "I sold up to enjoy a quiet
retirement here but the Spanish have stuffed me and thousands like me. We could
lose our life savings and our homes, because most of us don't legally own
anything," said Bob Preston in the article.
Mediation of the EU
The labyrinth of illegal houses in the valley of the Almanzora is problematic for the administration. For the property owners and the town councils the easiest solution would be to legalise everything. But, it is no so simple. Someone has to assume the high cost of urbanising what was until recently a potatoe field : sewage, roads, services...
Already there are at least 11 sentences via contentious administrative routes ordering the demoliton of illegal constructions. None have been executed. Even the Town councils themselves are trying to avoid demolishing the houses.
The problem has even forced the EU to intervene. A comission, lead by the
Pole Martin Pole Marin Libick and the deputy British Labour Party member Michael
Cashman, visited Albox last March. The EU confirmed that the situation is a
disaster but exonerated the owners. The Times has christened the Spanish
adventure a pain. This is what we call getting good press.
Original Text:
Ideal Article Page 1 Ideal Article Page 2
Junta to allow changes to the POTA development plans in
small towns
New building in towns with a population of
less than 10,000 will be considered on a case by case basis
by h.b, Thinkspain.com, 18 November 2007
The Junta de
Andalucia has given in to pressure applied on it from Mayors across the region,
many of them Socialist, to offer more flexibility to those villages with
populations of less than 10,000 people where there is a desire for growth.
Regional Councillor for Public Works, Concha Gutiérrez, has said that a new commission will be established to decided on each village, case by case in what is greater flexibility to the previous POTA territorial plan. The plan has already been challenged by both the PP opposition and builders who say that it is far too restrictive.
In particular the part of the legislation which says that no more than 40% of land can be declared as suitable for building, and that population growth as a result of new building cannot increase by more than 30%.
http://www.typicallyspanish.com/news/publish/article_13674.shtml
Mayor fails to dispel fears about expats' homes
Anxious Brits clamour for answers during packed
meeting
by Richard Torné, Costa Almeria News,
16-22 November 2007 
EXPATS eager to hear positive news about the legal status of their
homes at a meeting in Albox last week left dejected after the local mayor failed
to give any assurances about the future of their properties.
The meeting organised by AUAN – the expat association fighting to legalise homes in the Almanzora valley - took place at the Martin Garcia Ramos School and was attended by hundreds of expats affected by the illegal building scandal.
But despite a carefully prepared presentation, which outlined in simple terms the Junta’s complex land laws as well as the main obstacles to legalising expats’ properties, many left feeling discouraged by what they heard.
Thousands of homes built in rural land and subsequently sold to Brits face, at worst, demolition after rogue developers sold them the properties without obtaining building permits from the council.
Large numbers of disgruntled expats abandoned the meeting before the end, dissatisfied with mayor Jose Garcia Navarro’s comments and what many interpreted were little more than vague assurances about the future of their properties.
Expat Billy Wild said: “I don’t think we’ve learnt anything. We all came here thinking they would have something new for us, but I feel we’re being fobbed off as usual.”
Husband James agreed: “We’re just getting the same old information.”
The language barrier proved to be a major obstacle as translators struggled with confusing terminology, while the request by organisers to submit written questions beforehand also prevented any form of debate.
One incident highlighted the problem between the two groups. Whereas expats were keen to have the problems outlined in simple language, officials insisted on using convoluted ‘double-speak’, which only made the translators’ task even harder.
Quoting the Junta official who said the term ‘regularise’ was preferable to ‘legalise’ when describing the affected properties, one translator provoked howls of laughter when she explained that the properties “were not legal, but not illegal, either”.
There was a similar reaction when the Junta’s delegate for public works was quoted as saying that foreign EU residents should be made to feel “as welcome as in their own country”.
AUAN’s president, Bob Preston, remained upbeat, despite conceding that the meeting could have been planned better. He said: “We had problems with translation, but we didn’t want to put our own interpretation on what was being said.”
Mr Preston stressed that the association would remain committed to pressurising the Junta and the local authorities, but remarked that they were all working under a new climate of understanding.
That the meeting took place was a major break through in itself. Last year, expats were kept in the sidelines by the authorities during a symposium on urban planning, but by agreeing to appear at the AUAN meeting, local business representatives and the mayor of Albox were tacitly admitting that they were taking notice of expats’ grievances.
Mr Preston said: “We’ll never be their best mates, but the important thing is that we’re now cooperating with the authorities to resolve this issue as fast as possible.”
The sentiments were echoed by Luis Aurelio Pérez, the president of AEPA, a local businessman’s association, who was present at the meeting. He said: “The big difference is that, until now, nothing had been done to solve the situation.
“But thanks to the Junta’s chief of urban planning, we will soon have an office in Albox where the sub-regional plan will help to solve part of the problem.”
The mayor of Albox, Jose Garcia Navarro, also underpinned the importance of the meeting by describing the AUAN as “the association which best represents British interests in the area”.
Speaking to Costa Almería News, Sr Navarro pledged to have the town plans (PGOU) ready in 10 months’ time, but made it clear that it would be difficult to ‘regularise’ isolated homes built far away from urban centres.
Full House for AUAN Presentation
AUAN Press Release. The Almanzora Valley, 14
November 2007 
Well
over 300 people crowded into the theatre of the Martin Garcia Ramos school,
Albox when the Abusos Urbanisticos Almanzora No (AUAN) Association presented the
‘English translation’ of the recent Association of Businesses and Professionals
of Almanzora (AEPA) seminar. Guest speakers at the AEPA seminar had included
Felicidad Montero Pleite (Director General for Urbanisation/Junta de
Andalucia), Luis Caparros Miron (Public Works and Transport/Junta de
Andalucia), Jose Garcia Navarro (Mayor of Albox) and Luis Aurelio Perez Tapia
(President of the AEPA), and it was what the high profile Politicians had said
about the home illegality issue that was translated into English by the AUAN and
presented to the community.
The Mayor of Albox also attended the AUAN presentation, and
gave an appraisal of the situation in Albox adding that, what applied to Albox,
was also applicable to the other municipalities in the Almanzora Valley. A
number of the AEPA's top officials attended and Victoria Eugenia Villalba spoke
on behalf of the AEPA, adding to the presentation given by the AUAN speakers.
When the speakers had finished, there was a short Q&A session, before the
time limitation on the use of the hall was reached. Key points that came from
the presentation included: Expansion of Municipalities is limited by the POTA
law; Very few, if any, illegal homes will be on urbanisable land in the
forthcoming PGOUs; the hopes of homes being legalised (regularised?) rests with
the Sub Regional Plan, a plan that has yet to have any substance. It was clear
that, as things stand, any moves to change the status of the illegal homes
throughout the Valley will take a long time, probably many years.
The mission of the AUAN is to continue to press for the legalisation of our homes at the earliest opportunity. The AUAN will work with the municipal authorities in the Valley as much as possible, whilst continuing to seek 'outside' pressure on the Junta to progress more rapidly. Some cannot afford to wait 'years'! Anyone who missed the presentation will find it on the AUAN web site www.almanzora-au.org/ . Details on how to join the AUAN can also be found on the web site. Join the AUAN to give us a louder voice.
Apology to AUAN
The Euro Weekly News, 15-21 November 2007
Last week we printed a story about a threat to homes in Almanzora. In the article we claimed that the AUAN (Abusos Urbanisticos Almanzora No) were fighting against potential land-grab problems in the Almanzora valley. The AUAN is not fighting land-grab in the areas, as there have been no cases of the law affecting the area. The AUAN is campaigning for the many illegally-built properties, which were purchased in good faith, to be made legal. There is no indication that the properties in the Almanzora valley are under threat, as they are inland and therefore not affected by the recent coastal law that affects properties along the coast. The error has caused the AUAN a number of problems, and we would like to apologise for any confusion or stress that has been caused. The Euro Weekly News
Wake-Up Call for Brits
Town plans will not legalise expat homes reports
Richard Torne Costa Almeria News, November 9-15,
2007
The vice-president of an expat
association leading the fight to save thousands of expat homes from demolition
in the Almanzora valley said this week that the town plans in Albox would not
solve the crisis of illegal buildings.
Bob Preston from the AUAN went further, and said that only the Junta's own sub regional plans would provide a long-lasting solution - but warned that it could take years for this to happen.
Mr Preston made the comments after attending last month's symposium on urban development, which was attended by Junta officials and top local businessmen.
He said: "We've been warning expats for a long time that the town plans (the PGOU) would not solve the problem of illegal buildings - but many are still under the impression that it will".
At the two-day conference, the regional government's Chief of Urban Development, Maria Felicidad Montero, dropped a bombshell by saying that only the Junta's own sub-regional plans would solve the crisis.
She also downplayed the importance of the PGOU in Albox, which up to now had been seen as an essential document for legalising properties.
Mr Preston said the realisation would be a timely wake-up call for Brits, many of whom, he added, had been lulled into a false sense of security over the future of their properties.
Despite the glum news, Mr Preston said it was a positive step towards establishing order in Albox. He said: "The sub-regional plan is the only way to do it, because the PGOU is very limited by law".
In an unprecedented move, the Mayor of Albox, Jose Garcia Navarro, agreed to speak about the crisis to expats at a meeting of the AUAN being held today (Friday November 9) at the Garcia Ramos school.
Speaking to Costa Almeria News, Sr Navarro said: "The future for most of the properties will depend on the sub-regional plans, as the PGOU will only determine the legality of a very small number of homes".
He also dismissed a speedy resolution to the crisis, adding that it would
"take years" - a bleak prospect for expats hoping to sell their properties.
"There's nothing we can do about that and I'm not here to trick people
into believing there is a quick-fix solution" concluded Sr Navarro.
MINISTER ISSUES DEMOLITION LIST
Hundreds of properties face the wrecking ball
reports Glenn Wickman Costa Almeria News, November
9-15, 2007
THE Spanish government has
issued a draft plan effectively announcing the planned demolition of hundreds of
coastline properties throughout the country
The so-called Strategy for the Sustainability of the Coast, published by the department led by Cristina Narbona in collaboration with the University of Cantabria, took two years to compile and is now awaiting debate and approval by the autonomous governments of Spain’s 17 regions.
Although the final document has not yet been made public, various extracts have been leaked and a preliminary draft is available.
The large and comprehensive dossier identifies areas where the eco-system is at risk from development, and highlights the dangers of living by coastlines threatened by erosion as a result of global warming.
More controversially, it aims to enforce compliance with the newly established 300-metre shoreline protection zone, which would entail the obligatory payment of large sums of compensation by the Spanish government to the owners of many properties rendered illegal by the law.
In the most extreme cases, the introduction of the bill could require “a new model of economic development in certain areas of the coast”, according to the preliminary draft.
The report claims that the coasts of Almería and Granada are the least damaged by over-construction in Spain, while at the same time being the most endangered.
The report says: “The current industrial development taking place in certain
areas is causing the rapid deterioration of the coastline and which, in many
cases, is irreversible or difficult to remedy.”
In Almería province, the tourist development model of the entire Cabo de Gata nature park has come under fire from the report, criticising the scenic and environmental degradation of the 75-kilometre coastline, as well as the lack of thorough town planning and over-exploitation of natural resources.
More specifically, the plan suggests the removal and relocation of the DSM Deretil antibiotics factory in Villaricos and the Holcim cement plant in Carboneras, as well as the demolition of La Parra and Veraplaya hotels in Aguadulce and Vera respectively, among others
The announcement has been received with shock and outrage by business owners, who believe the plans are unrealistic and unworkable.
The Algarrobicos hotel in Carboneras was used by Sra Narbona as an example of the type of ‘expropriation and demolition’ foreseen in the dossier, and Antonio Baena, spokesman for Azata del Sol, the company in charge of the hotel, dismissed the plans as “nonsense”.
However, a government spokesman insisted that the dossier is not a definite plan to be enforced with immediate action. Alejandro Molins, from the environment ministry, told Costa Almería News: “We have presented the draft to the council of ministers and to the various regional governments, and are currently waiting to hear their opinions so that we can work on a consensus.
“It doesn’t mean that the bulldozers are already lining up to tear down properties.”
Pensioners’ pain in Spain
Britons who face losing their homes feel the legal
system has failed them, reports Stephen Burgen The
Times. November 2, 2007 
NEWS that the Spanish Government is
threatening to clear nearly 500 miles of coastline of illegal developments has
upset thousands of expatriate Britons who own beachside homes there.
Under the €5 billion (£3.5 million) proposal, the Government would demolish homes, chalets, hotels and swimming pools along a 776 km (480 mile) stretch of coastline. The areas involved are those most popular with Britons, including the entire Mediterranean coast from Barcelona in the north to Marbella in the south, the Canary Islands and the Balearic Islands, including Majorca.
It appears that the Spanish Government intends to negotiate with home-owners and regional authorities over the sale of properties deemed illegal, rather than to expropriate them.
However, it is not just coastal home-owners who are suffering. Many Britons who bought homes inland face a similar fate. Bob Preston is one of about 12,000 expatriates who have discovered that their new homes were built illegally on agricultural land. The blight affects at least 4,000 properties in the Almanzora valley in AlmerÍa, southeast Spain. “I sold up to enjoy a quiet retirement here but the Spanish have stuffed me and thousands like me. We could lose our life savings and our homes, because most of us don’t legally own anything,” Preston says.
A commission of the European Parliament, led by the MEP Michael Cashman, visited the area in April in response to 15,000 petitions concerning alleged abuses of land laws in AlmerÍa and Valencia. Its report, which was sent to the Spanish Government, condemned the practices. But the commission cannot force a member state to mend its ways. “However, we can act if human rights, as set down in the European Convention are not being respected, as may be the case in respect of land grabs and the legal purchase of illegal builds,” Cashman says.
Preston, president of the pressure group Abusos UrbanÍsticos Almanzora No (AUAN), says that people started looking inland for property as houses on the coast became too expensive. Almanzora was in decline, and the newcomers were a golden opportunity that the local authority couldn’t pass up, so it allowed developers to build on farm land, saying that planning consent could be obtained retrospectively.
Solicitors told buyers that everything was fine, although it has emerged that some of the lawyers were also acting for the developers – a clear conflict of interest. Worse still, some of the properties were purchased using an extremely unusual form of contract under which the purchaser is also the promoter, in effect making them responsible for their fate. “British people believe that if you use a lawyer everything will be done legally,” Cashman says. “They don’t expect the legal system to fail them, but it has.”
Preston says: “In my case I don’t actually own either my land or my house – the developer does. But he can’t pass the ownership to me because the house is illegal. On the other hand, he does have my money. Service providers say, quite correctly, that it is illegal for them to supply illegal homes, and so one by one we pensioners, some of us in our late seventies, are forced to rely on expensive generators and water supplied by tanker.”
Whatever the local authority would like to do, its hands are tied by the Junta de AndalucÍa, the regional government, which will not countenance retrospective planning permission in this case, perhaps because it could lead to an avalanche of similar demands from thousands of owners of illegal houses on the Costa del Sol.
There is, perhaps, light at the end of the tunnel. AUAN has managed to form good relations with a number of local mayors and is working to develop more. Regular meetings are to be scheduled to keep the lines of communication open. Although there is as yet no clear solution, the regional governments of AndalucÍa and AlmerÍa are working on a plan to help to resolve the situation. What this will achieve, and when, is uncertain.
However, it is in no one’s interests to demolish the houses. As Spain is a country where expediency rules, a solution will eventually be found – although it won’t happen in a hurry.
FACT FILE
There are 100,000 illegal homes in Spain, including an estimated 30,000 in Marbella, according to official figures. Demolition orders have been imposed on two developments in Marbella – Banana Beach (334 homes) and Casablanca Beach (60 homes) – but neither order has been executed. House prices in Spain rose by 5.7 per cent this year, by 10.8 per cent last year and by 13.4 per cent in 2005. Abusos UrbanÍsticos Almanzora No: www.almanzora-au.org.
You can view the original article and record your comments via the Times OnLine
AUAN Open Invitation to a Presentation - The Junta's Plans for the Almanzora Valley.
The Association of Entrepreneurs and Professionals of Almanzora
(AEPA) held an open, two day seminar (23/24 October) in Albox to discuss the
future of the Almanzora Valley. Guest speakers were high powered members of the
Almeria Junta.
As in previous years an English translation was not provided,
however the AUAN attended with spanish speakers so that the key points can be
shared with the British.
If you would like to know what was discussed at the
meeting, the AUAN is hosting a meeting to explain to the British community in
the valley what was discussed at the AEPA meeting.
The AUAN presentation
will take place in the Martin Garcia Ramos School (opposite Albox Post Office)
on Friday 9 November. This is a public service and will be FREE to enter. The
presentation will start promptly at 4.30pm, so please be seated in good time.
YOU DO NOT HAVE TO BE A MEMBER OF THE AUAN TO ATTEND.
III JORNDADAS DE URBANISMO (23-24 October)
Martin Garcia Ramos
College (opposite Post Office) Albox
23-24th October 2007
A symposium
on urban planning for the Almanzora Valley will take place in Albox on
Tuesday 23rd and Wednesday 24th of October under the banners "Reactivation of
Tourism" and "Urbanisation matters to all". It is open to members of the
public.
The theme for Tuesday 23rd October is the Special Plan for the Administrative Division of Almanzora, The Subregional Plan and the Plan General (PGOU). All these matters are of great interest to members of the AUAN.
The theme for Wednesday 24th October is the model of growth for the Almanzora Valley. This session will be closed by Louis Caparros (Regional Delegate for Public Works and Transport).
More information regarding timetable of events can be obtained from the Albox Council Website
August/September 2007
Auditors called in to Albox Commission fees obtained for illegal villas "missing", admits Mayor
By Richard Tome, writing in the Costa
Almeria News, edition 3-9 August 2007. 2007
An independent audit on Albox council investigating why the local authority is 10 million euros in the red, will also probe into the whereabouts of commission fees for building licences that were never granted, the mayor has revealed.
José Garcia Navarro, who made the announcement live on the Spanish radio
station, SER, said the measures had been adopted unanimously following a plenary
meeting earlier this week. The former mayor, Francisco Granero, who is currently
on holiday, was not present during the council meeting.
Sr Navarro, who won the May local elections for the Socialist PSOE party,
admitted the council was in dire straits and that councillors had agreed to hire
a private firm of auditors to determine the local authority’s true financial
situation.
More worryingly, councillors also admitted that they were in the dark as to
the whereabouts of commission fees, amounting to three per cent on every
building application, paid by developers to the Town Hall for licences that were
never granted, all of which are currently illegal as they were built on rural
land.
Speaking to this newspaper, Sr Navarro declined to say if criminal
proceedings against former councillors would follow. He said: “Our aim is to
find out how much money was paid to us and what revenue is available to the town
hall”.
The revelation comes in the wake of the recent raids on council offices by
officers of Seprona, the Guardia Civil branch dedicated to stamping out urban
development abuse.
Costa Almeria News can also reveal that there are currently around 2,000
properties which are now subject to criminal proceedings by Seprona and the
regional government’s police.
A legal source involved in the case said that owners, most of whom are expats, could be called to give evidence as witnesses, but also warned they could be charged as defendants, “particularly if there names appear in documents as the developers”, he said.
JUNE/JULY 2007
Mayor of Albox/AUAN President save Expat Widow's Home from Demolition
SOLTIMES July
2007
Imagine the scene. You are
relaxing in your home on a Saturday morning, just after breakfast, pottering
about tidying up a few things, when a neighbour calls round to see you. She had
been in a local bar the evening before, and had overheard people discussing a
demolition order from the courts... and its YOUR house that is to be demolished!
What would you do? Who would you turn to for help?
Well, this is exactly what happened to Mrs Ella Dring just a few weeks ago, and she had no idea what to do. Fortunately her kind neighbour had some very good advice for Ella. "Get in touch with Bob Preston, here is his phone number". The Mayor of Albox had also recieved the demolition order and had already contacted Bob, the President of the AUAN, for help in making contact with Ella. As Ella was not, at that time, a member of the AUAN, Bob didn't have any contact details but, using Google Earth, committee members and other members, he was working to find out where Ella lived. Ella found Bob first, but it was Saturday and there was nothing more to do until Monday. Although terrified about what might be about to happen to here home, Ella was reassured by Bob's promise that he would get her an appointment to see the Mayor on Monday.
True to his word, Bob took Ella to see the Mayor on Monday, who was with a Town Hall legal expert from Almeria. When they looked closely at the demolition order, they realised that the original court order was dated before Ella's house had even been built, and also that the address of the property, due for demolition, changed as they read through the document. Although the court order had been signed by various court officials, and finally a Judge, it became clear that these officials had not noticed the document discrepancies. The Mayor was thus able to send the demolition order back to the court for clarification, and a stay of demolition was affected. Bob Preston said "Although Ella was not a member of the AUAN, the Mayor asked for our help, and we were happy to be in a position to be able to provide it. We have received information about another 8 demolition orders that are 'well advanced', for properties owned by peiple with Brit names, but we have no knowledge of these people at the AUAN, so we are unable to alert them. The AUAN will demonstrate and protest demolitions for members and non-members alike, but our first duty is to our members, and we do not have the resources to locate non-members when we have only a name".
The final words come from Ella herself. "I cannot tell you how grateful I am to Bob Preston, and the AUAN. Without their help, I have no idea what would have happened. I hope people will realise that what happend to me could also happen to them".
MEPs concerned about land law in Andalucia, Valencia and Madrid
MEPs vist Albox on fact
finding mission
In adopting a resolution on the results of the
fact-finding mission to Andalucia, Valencia and Madrid, MEPs consider that the
obligation to cede legitimately acquired private property without due process
and proper compensation, linked to the obligation to pay arbitrary costs for
often unnecessary infrastructure development is a violation of an individual’s
fundamental rights as determined by the European Convention and jurisprudence on
Human Rights and as contained in the EU Treaty.
The House deeply regrets that such practices are widespread in various autonomous regions of Spain, in particular in the Valencia region and other parts of the Mediterranean coastal area, but also, for instance, in the Madrid region. The resolution was adopted with 327 votes in favour, 222 against and 35 abstentions.
The European Parliament expresses its severe condemnation of, and opposition to, massive urbanisation projects initiated by construction companies and real-estate developers which bear no relation to the real requirements of the towns and villages affected, are environmentally unsustainable and have a disastrous impact on the historical and cultural identity of the areas affected.
MEPs condemn the tacit approval by some town halls for building developments which are subsequently declared illegal and which as a result lead to the destruction, or threatened destruction, of property which had been bought in good faith by European citizens through regular commercial developers and sales agents.
MEPs recognise the Commission’s efforts to ensure the compliance of Spain with the directives on public procurement, but considers that the Commission should pay special attention to the documented cases of infringements of directives on the environment, water and consumer policy issues.
The House calls upon the Spanish authorities and regional governments, in particular the Valencian Government, which are under an obligation to respect and apply the provisions of the EU Treaty and EU laws, to recognise the individual’s legitimate right to his legally acquired property and to establish in law more precisely defined criteria regarding the application of Article 33 of the Spanish Constitution concerning the public interest, in order to prevent and forbid the abuse of people’s property rights by decisions of local and regional authorities.
The House calls into question the methods of designation of, and frequently excessive powers given in practice to, urbanisers and property developers by certain local authorities at the expense of local communities and the citizens who have their homes and legally acquired property there.
MEPs strongly condemn the covert practice of certain property developers of undermining by subterfuge the legitimate ownership of property by European citizens by interfering with land registration, and calls upon local authorities to establish proper legal safeguards against this practice.
The House calls upon regional authorities to establish special administrative commissions involving local ombudsmen, to which independent investigation services should report, which should have powers of arbitration in relation to disputes concerning urbanisation projects, and which should be accessible free of charge to those directly affected by urbanisation programmes, including those who are victims of illegal property deals concerning unauthorised urban development.
Finally, MEPs call on the Commission to initiate an information campaign directed at European citizens buying real estate in a Member State other than their own.
Michael Cashman (PES, UK, Labour West Midlands) one of the authors of the report said: "It saddens me to have to take the floor once again on this issue. More than 18 months after the adoption of the Fourtou Report in December 2005 by an overwhelming majority of this House, we are still debating the same issues, and nothing has changed. The Council is absent – that is shameful!
Citizens from many Member States, including my own, but also Spain, Germany, Holland and Belgium, are having their legally acquired lands taken by local authorities without due process, which I am convinced is in breach of EU law. Moreover, they are being forced to pay large sums of money – tens of thousands of euros – to pay for new infrastructure and new developments that they do not want and which are on their land.
The situation I am describing sounds unimaginable in the 21st century EU but it is a sad reality for thousands of citizens in Spain. People have bought land or property in good faith only to see it taken away by what can only be described as, at best, administrative incompetence or, at worst, criminal negligence and corruption.
This issue was brought to the attention of the Committee on Petitions in 2003. Back then, 15 000 citizens wrote to us asking for help. What have we done? Well, we have adopted the Fourtou report, which brought forward a series of recommendations to the Valencian Government. The Valencian Government brought forward minor changes in the LUV, which do not address the key problems of land grab. It is worth mentioning that large numbers of projects in Valencia were rushed through prior to the entry into force of the new law. This is a clear sign that constructors and developers wanted to continue to exploit the loopholes of the previous law.
We have now sent three fact-finding missions. The last came under shameful attacks from the Partido Popular, which were attacks upon the integrity of this House. It saddens me to say that the President of this House, Mr Pöttering, remains indifferent to the attacks upon the integrity of this House.
The Partido Popular politicians say that the petitions in Valencia have been imagined. The pain is real, the pain is desperate, and that is why people have looked to us.
The Commission is unhappy. It believes that possible
infringements of EU law are under way. Therefore, I say this: to do nothing is
not an option, we have exhausted what we can do in this House and this will be
resolved in the Court of Justice or before the European Court of Human Rights in
Strasbourg, and it will be to the shame of the Partido Popular in Spain."
REF.: 20070615IPR07897
Contact: Richard FREEDMAN press-EN@europarl.europa.eu
Tel: (32-2) 28 41448 (BXL) , (33-3) 881 73785 (STR) , (+32) 498 98 32 39
MAY 2007
2007 - Results of Local Elections
This link takes you to the results of the 2007 local elections. Entering the district in the drop-down menu upper-right, will show you the results for various municipalities in the Almanzora district.
VOTE VOTE VOTE
May 2007
Local elections, Sunday 27th May. Your chance to make a difference. If you
don't vote.......don't moan about the result.
PSOE Presentation to British Community
23rd May
2007
The turn-out was fantastic. Virtually a full Parilla room. speakers included two British girls on the list of councillors, and the Mayor candidate Snr Navarro. Most people declared that Snr Navarro and the PSOE had done themselves a lot of good by giving the presentation. The problem for the Brit community is the lack of voting power. It is understood only 400 are eligible to vote (see below).
At last. A politician who agrees we are illegal. He actually said the word. He also said it was not a quick fix, and anyone who said it was is deceiving you. He also said that the AUAN would be invited to join the commission to formulate the next PGOU (if they are elected).
The video tour of a future Albox was a bit 'fairy-tale-ish' but if only half
came true it would be fantastic, mind you, he did say it was an 8, 10 even 12
year plan.
Bob Preston
Presentation to AUAN Members by Mayoral Candidates
May 2007
In accordance with members’ request for the AUAN to arrange for the various parties to speak to members of the AUAN, Senor Navarro wants to make a presentation to the AUAN on 23rd May 2007 at 6 p.m. at La Parilla, At this party’s request it has been agreed that members of the expatriate community (the majority of whom are British) may also attend.
As stated in our earlier letter and for the same reasons, it is of crucial importance that as many of the members of the AUAN as possible, regardless of which town you live in, and the expat community in general, attend this meeting also. Bring a non-member friend. We understand that there will be an opportunity for questions to be put to Senor Navarro. This meeting is also being publicised on our website and on radio.
A presentation by the PP party (the existing Mayor’s party) to the AUAN on the 12th May is also being arranged and is subject to confirmation at the time of writing this letter. It is of the same importance (if not greater) to attend this one. This will be notified as soon as possible.
With the elections on the 27 May all the parties are keen to present themselves to the expatriate community, and this is being done throughout the Almanzora Valley. The AUAN is non-political. It is important that expats show their solidarity and awareness by attending these presentations regardless of the town concerned.
Thank you for your support.
Bob Naya
Open Letter from President of AUAN re. Plan General (PGOU)
May 2007
An Open Letter: To Whom It May Concern
A Plan General (P.G.O.U.) i.e. a Plan for the development of the Almanzora Valley by each municipality e.g. Albox, Cantoria, Oria, Arboleas, Zurgena, Partaloa etc., is presently being formulated by each Town Hall for eventual final approval by the Junta de Andalucia in Almeria. THIS PLAN WILL AFFECT EVERYONE IN THESE MUNICIPALITIES.
Among other matters, the Plan covers the re-zoning of rustic (rural) land into urbanisable land to enable lawful development of urbanisations over the next 5 to 8 years. It is a highly complex matter. In a nutshell, the Plan must meet the requirements of the laws governing town planning and the guidelines stipulated by the Junta. Re-zoning is only part of the process.
In the Almanzora Valley there are several thousand people who have bought plots and have houses built on rural land which at present is classified as non-urbanisable. Consequently they may, in the majority of cases not be able to obtain escrituras (title deeds) for their houses and/or land, or the mandatory licence to occupy the house from the Town Hall or other essential documents. All these properties are deemed to be illegal by the Authorities.
The fact is that under Spanish Law these people are liable to prosecution and legal sanctions against them and their properties. By the Junta’s own estimate there are about 6,000 properties that could be affected. This is the reality of the situation.
It must therefore be the hope of these people, many of whom regrettably may not even realise what they actually are facing, that their property will be included in the areas re-zoned as “urbanisable”.
THERE SHOULD NOT BE ANY COMPLACENCY THAT THIS WILL HAPPEN BECAUSE THE PLAN STRICTLY LIMITS SUCH RE-ZONING.
You could be affected. If you own such a property in the Almanzora Valley we strongly advise you to get the facts so that you know whether you are affected or not.
What can be done to address this situation?
Abusos Urbanisticos Almanzora No is an Association formed to fight for the legalisation of land and homes in the Almanzora Valle. We are doing just that.
The aim of this open letter is to highlight the reality of the situation. It will NOT “all come right in the end” if nothing is done about it. If you want to safeguard your property, join the Association, so that with a greater voice we may influence the outcome. Join us now, help to secure the homes and futures of so many people as well as your own.
For membership details contact us on 617 118 209 or see our website at www.almanzora-au.org for more information. We will also be happy to meet with groups of people to present the facts to them.
Bob Naya
President – A.U.A.N.
April 2007
12 Houses in the Aljambra area denounced.
The AUAN has recently learned that the Junta de Andalucia has begun denunciation proceeding against 12 houses in the Alhambra area of Albox.
These proceedings are on the grounds that the houses were built on rural land which has not been zoned as urbanisable.
The President of the AUAN says: “ Albox Town hall recently announced its Plan General (PGOU) proposals for urbanisations.This, according to the plan , showed that the land on which these houses are situated is unlikely to be rezoned into urbanisable land in the next 8-10 years, not only leaving the people who bought the land and built their homes in good faith with no hope that their property will be regularised in the near future, but also subject to possible sanctions. This is precisely what has now happened”.
“This is a highly unjust, unsatisfactory situation which could befall many others not only in Albox but in other municipalities in the Almanzora Valley. Regrettably, according to the Plan General proposals for Albox , Partaloa, Cantoria and elsewhere there are many houses in the same category.”
“The AUAN calls on the Junta to acknowledge that this situation has not been created by the people who are suffering but by others who must be held responsible. It cannot be blamed on the innocent victims, who did not deliberately choose to face an uncertain future and the risk of losing everything they had when deciding to live here, and who in fact have undeniably brought considerable economic prosperity to the area to the benefit of the Spanish people.”
“A solution to this problem must be found urgently throughout the Almanzora Valley.The AUAN calls on the Junta (and the Town Halls concerned) not to initiate any proceedings against these properties and their owners, who are living in daily fear of what the next day may bring, while a sensible, rational solution (if any) is being sought.
“At a time when the Elections will soon be taking place, the AUAN urges the Junta to show people that as their Regional Government, you are a fair and caring government, governing for the good of all the people. Give the affected people hope, not despair.”
AUAN to meet with Snr Luis Caparros from the Junta de Andalucia
The President of the AUAN has been invited to meet the Junta de Andalucia’s Delegate for Public Works, Senor Luis Caparros, in Cantoria on 2 May 2007. It is hoped that further meetings will ensue.
The Auan’s Town Planning Consultant and Lawyer met with the Junta de Andalucia’s Delegate For The Environment on 25 May 2007, and with the Secretary for Albox Town Hall on 26 May 2007. Further meetings are to be scheduled.
The Auan has also been conducting a series of meetings with Mayors and leaders of opposition parties in Zurgena, Albox, Cantoria, Partaloa, Oria and Cuevas de Almanzora. A meeting with the Mayor and leading opposition parties of Arboleas, with further follow up meetings in these municipalities, will be scheduled .
At these meetings the AUAN exerts pressure on the Authority and all politicians who may be in a position to influence the situation, makes its case for the legalisation of homes throughout the Almanzora Valley that are considered to be illegal as soon as possible, and strongly lobbies for no legal action or sanctions to be taken against the house or its owner while a resolution to the problem is being awaited.
The AUAN also develops ongoing contacts with the governing parties in the Town Halls as well as opposition parties who may come to power after the elections.
A meeting was held in Partaloa on 28 April 2007, attended by Partaloan members of the AUAN as well as a number of non members. This meeting was also attended by the Mayoral elect of the PSOE party presently governing Partaloa and representatives of the Gial party, who recently presented their manifesto to AUAN members in Albox at the members’ request.
In addition to the Gial , the principal other parties i.e. the PSOE and PP parties, have agreed to present their manifesto to members prior to the local government elections in May so that members may make better informed voting decisions. Dates/times/venues will be announced on this website. These presentations will also be open to non members.
February 2007
MEPs Probe illegal builds scandal 2-8 March 2007
Six man fact finding mission visits province.....click here for full story www.thisismoney.co.uk
January 2007
BBC Real Story
31st
January
Televised film clips of our MARCH as well as interviews & stories of the problems people are facing in this area. The story also made it to the BBC website. click here
Meeting with the Town Planner and a Solicitor
29th
January
Representatives of the Association met with a professional Town Planner and a Solicitor who are acting as advisors to the Association. The aim of this meeting was to take stock of where the Association is at this present time. To look at and agree what actions are now required by the Association, and at what, if any, involvement would be appropriate by the Town Planner and the Solicitor.
Radio Interview
24th
January
Bob Preston had an interview with Adrian Allen a radio presenter for Onda Cero International in Marbella, whos programme reaches the entire Costa del Sol and Costa Blanca.They apparently have a similar situation and people are having thoughts about creating a similar association. He pushed the main points about legality and infrastructure, and gave a brief resume of the Association, how it started etc. The AUAN web site and the BBC programme were also advertised.
AUAN to become legal entity
24th
January
A solicitor has been instructed to draw up legal documents forming the Association into a registered legal entity. Membership is growing. The Association committee meet on a weekly basis. General meetings are held monthly. A non-members enrolling meeting was held on 24 January.
Legal Clinic
23rd
January
A clinic was held on 23 January 2007. A solicitor gave legal advice to members of the Association, who were grouped on a developer by developer basis. this was provided free of any charge to the Association or members. Members now have a clear picture of their situation in legal terms and what options may be available to them. This clinic was part of the Association's policy of advising and supprting its members as much as possible..
TURNING POINT - PROTEST MARCH IN ALBOX
17th January
The Association held a protest march in Albox on 17 January. The march was
well supported, with around 800+ members and supporters. The Mayors of Albox and
Cantoria accompanied the marchers. A petition was presented to the Mayor of
Albox by the President of the Association at the Town Hall doors. Various
Spanish and English speaking media, inculding the BBC also attended. The
President has had a number of "on air" radio interviews with local radio
stations to publicise the formation and objectives of the Association, to gain
support for its cause and to ask people to join as members. There have also been
several press releases. This will be ongoing. Two meetings have so far been held
with the Mayor of Albox, with the objective of the Association gaining
information about the Plan General for Albox. It is hoped to have further
contact with him for this purpose. 