AULAN Meeting and Round Table Meeting at Mojacar
I attended the above meeting today and was very pleased with the turnout. There was a good presence of people from Llanos Del Peral but also other areas represented including La Alfoquia, Los Carasoles, Cuesta de los Pinos and others. It was important that there was a good turnout as its help show the level of the support for the people who are trying to get the planning issues resolved.
There was an opening address from AULAN followed by a speech from David Hammerstein MEP who was part of Margaret Aukens' team and instrumental in the formulation of the Auken Report.
Presentations to the meeting were also made a Spanish Ecologost group, a representative of Levante Sostenible, the AUAN and the (english) Deputy mayor of Parcent in the Costa Blanca. Each of these speakers explained the reason they were present which was to try and find a united way forward to address all the issues of sustainable development and the protection of individual's rights regarding land and property.
The round table was to discuss a decalogue and for your information I have copied it below. It did strike me from the various speakers that progress albeit slow was being made through both the E.U. and the Spanish courts with one statement being "it appears that the Spanish judiciary are now looking over their shoulders at the E.U. parliament."
I took this as a positive step in that, it shows the E.U., rules and the Auken report are being taken notice of.
Many questions were posed to the round table but the one which attracted the most discussion was around point 10 of the decalogue below. As you can imagine whilst the Ecologists were happy to support all the other points they felt that each individual property should be assessed for legality before water was connected. I was unable to stay to the very end of the discussion as I had to meet some friends at the airport.
Decalogue.
1. Commission of Investigation, A national commission of investigation be established with representatives of the administration and citizens groups to investigate the existing grave planning and environmental problems to draw up a report on the causes of the said problems and their possible solutions, as well as recommendations for the future.
2. Arbitration, The creation of a special administrative commission that includes a provincial public ombudsman advised by independent investigation services including representatives from the administration and from citizens groups and with arbitration powers in relation to disputes concerning these problems available to affected parties free of charge.
3. Responsibility, The liability of developers, the administration and pertinent third parties for having given rise to the grave planning and environmental problems which exist must be made enforceable and real. Any process regularisation should as far as possible include binding agreements ( including adequate guarantees) between those who have caused the irregularities and the administration, and these must include the opportune measures so that those who have caused the irregularities compensate for the damage caused.
4. Principles to be taken into account, The following principles should be recognised and reflected in urban law.
a) In urban development priority must be given to the true needs of the cities and towns affected, sustainability from an environmental point of view and the need to preserve the historical and cultural identity of the affected areas.
b) The need for full compliance with community law and fundamental rights, including the European Convention for the Protection of Human Rights and Fundamental Freedoms and case law of the European Court of Human Rights.
c) In the case of demolition of property acquired in good faith by citizens real effective and prior compensation must be guaranteed. Such compensation must be made prior to any loss and at proper rates and conforming to the case law of the Courts of Justice and the European Court of Human Rights.
d) The legitimate right of purchasers to property acquired legally must be recognised and criteria established for the application of Article 33 of the Spanish Constitution with respect to public and social interest in order to prevent and prohibit the infringement of people's property rights by decisions of local and regional authorities.
5. Transparency and Participation, Notice of any planning or environmental proceedings should be communicated individually to al those affected, directly or indirectly , as well as publicised widely, publication in the relevant bulletins not being sufficient. The possibility of electronic access (internet) to planning and environmental documents in the process of being approved or approved be ensured. Information in the Cadastral and Land Registry must coincide and the land registry must include graphical information. It must be ensured that the information on the land registry includes information about the status of the property with respect to urban regulations as well as environmental and cultural restrictions or similar.
6. Judicial System, There is an urgent need to reform the judicial system to avoid the lack of effective rights before the courts, shortening of the real length of proceedings, computerising and providing adequate resources.
7. Estate Agents , Should be licensed or have passed an examination of sufficient knowledge and capacity and to have adequate insurance to cover civil liabilities and be clearly regulated in their activities.
8.Promotors and constructors, These must be subject to bonds, guarantees or insurance to cover possible liabilities to third parties (including buyers) and to the administration, for possible planning or environemental breaches or infractions, and proof that such guarantees are in place must be a prerequisite to present and manage any planning instrument.
9. Protocol, An obligatory protocol for the buying and selling of real estate should be established for the benefit of the consumer, setting out the precise steps and standardised procedures, similar to those in other EU member states.
10. Basic Services, As a matter of priority and on humanitarian grounds , any house which has been occupied in the past 3 years should be temporarily permitted electricity and water services until the status of the home is clarified.
If anyone can update me with any further important points which I missed through leaving early please email me at jiminysimpson@gmail.com and I will update this article.
