jiminy’s blog

Court Cases & Street Signs & Andalucia Day

nobody@vox.com(Jim Simpson) — Mon, 25 Feb 2008 19:03:54 +0100

Following my meeting with Candido this morning I was made aware of the fact the Town Hall has now won another 4 cases before the courts. This is the outcome that they have expected to achieve.

They have made no announcement yet as they do not want people to start instructing solicitors, based on this fact, as there is an appeal period of another 8 days to go and they are worried that if we crow about the result too early they will refer the case to the next court, which is in Granada and takes 5 years to hear cases! I have therefore not identified the areas that these cases cover and ask that you be mindful of this fact. As soon as I am advised that I can specify the areas to which the cases refer I will do so.

In relation to Llanos Del Peral he said the council has instructed solicitors to defend every action and that the council felt 100% sure that the action would fail, in relation to this case, due to the fact that they lodged their case after the time stipulated by Spanish law in bringing such an action.

Whilst I was there I asked what the situation was regarding the street naming across the municipality as we were supposed to be doing that in January. I was told there had been a hiccup in getting agreement from Almeria but that that had now been given. The council are currently going through the process of naming all the streets on the computers and other records, whilst we await the arrival of the signs which are being made. He did advise me that the Cuesta de los Pinos developement is to be named after European countries and the main road (leading to Llanos) will be Avenida de Europea.

This Thursday is Andalucia Day and as is usual the Town Hall have laid on a fiesta for all local people. The fiesta will start at 2.pm outside the Renfe building which is opposite the old railway station. There will be beer and food available and a musical group will be performing for you to dance to!

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Socribo Houses, La Alfoquia

nobody@vox.com(Jim Simpson) — Mon, 25 Feb 2008 18:48:42 +0100

Over the past few weeks I have become aware of the nasty situation which the buyers of houses from the above named builder in the village of La Alfoquia are in.

Basically this builder built about 21 houses just up the road from the back of the garage in La Alfoquia. He sold them through private contracts (not in front of a notary) and it subsequently transpired that he kept the money although the banks had granted mortgages on all the houses. In effect it means that the occupants have been living for up to four years in houses which, although they had paid for them, actually had 100% mortgages on which were accruing interest charges. The situation now being that the bank wants €3-4,000 euros per house and another €500 per month until licences of 1st Occupation are obtained.Then they will need the mortgages paying off eg for a second time! To be able do that they need to have electric. To get the electric they have had to pay €45,000 for a transformer but it is the usual case of chicken and egg because they cannot get licence without electric and vice versa.

I spoke with the Town Hall this morning and discovered that the builder Socribo had applied in November 2006 for the licences of 1st occupation/. This was refused at that time by the Town Hall because there was no water or electric and the houses were full of rubbish. So the Town Hall were trying to ensure that the builder got his act together before granting the licences. They have assured me that if the electric company apply, for permission to dig up the road to run the supply in, that will be granted and when done they say they will issue the licences within 48 of people applying.

I nightmare of a situation which I hope can be resolved without people having to lose too much money.

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Press Release (resume of facts re planning 2007/8)

nobody@vox.com(Jim Simpson) — Sat, 23 Feb 2008 18:27:27 +0100

I have posted below a statement which the Almeria Messenger asked me to prepare to explain what I understood was the situation regarding property developement in the area.For those of you who have been following the blog there is nothing new but I appreciate many people have not been reading it and this will save them trawling through the past 10 months worth.

Firstly let me make clear the following article is of information I have gleaned from various sources since I became involved with Zurgena Town Hall in April 2007, I have no way of confirming the accuracy of all the statements but in almost every case they have been supported by solicitors or public figures of standing. It also has my personal interpretation.

I am advised that to understand why the situation is in such a mess, one has to look way back almost 35 years ago to when the autonomous regions of Spain were set up. At that time a vote was held in Andalucia seeking the support for all of Andalucia to be governed from Seville. The only area not to vote in support of that proposal was Almeria. People in the Almeria area felt that Seville would only look after its own area and that Almeria was too far away and too impoverished to be of any value to Seville. Nonetheless the autonomous region was established and almost ever since then the PSOE (left wing party) has governed the region. This has led some people to believe that they govern without consideration of the views of anyone other than their own supporters. This is given added credence by the response of the Spanish people when you ask them about politics as they will invariably tell you that it is a constant battle between PSOE(left wing) and Partido Popular (the right wing party). The next election in March sees the launch of a small party which is seeking to represent the middle way. This is the party headed by Rosa Diez (UDP) but it is unlikely this party will achieve more than a few seats in the upcoming election.

As a result of the totality of power which PSOE has had over the years, they take great exception to areas that have the temerity to elect parties other than PSOE, as a result we have this conflict over who has a right to decide planning rules. Herein lies the conflict. One only has to look around the area of the Almeria to see the differing ways in which the Junta's actions have impacted. But I will return to that later.

When I first became involved with the Town Hall (April 2007) there were a few rumours that some of the building in Almeria may have been illegal and as a result I asked the politicians what truth there was in that regard. The response I received from everyone I asked was that this was a purely politically motivated attack on non PSOE councils. At that stage I was not sure whether this was true or not but as little was happening I chose not to enquire furher.

In May/June of 2007 I discovered that a number of lists of properties numbering about 200 had been referred by the Junta to the courts. These lists identified houses whose building licences had been granted between 2/5/2004 and 1.5/2005. This prompted me to make more thorough enquiries of our council. Again I was told that this was malicious actions by the Junta, as the Town Hall had complied with all the necessary land laws in Spain, from the granting of the licences to issue of licences of 1st Occupation. That all their efforts to get a general plan agreed with the junta fell time and again due to the intransigence of the Junta. One example of this was in the summer of 2007 the Mayor and Deputy Mayor were asked by the chief man in Almeria, responsible for Planning, to remain quiet until October 22nd, when, if they attended with their plans, an accomodation would be reached. This they did, wasting 3 months in the process, and when they attended at Almeria and placed their plans on the table this gentleman walked into the room glanced at the plans and said words to the effect that the only legal houses in all of the Zurgena municipality were the old houses in Zurgena village.

During this period the lists of houses referred to the courts grew to over 400. All these cases are ones where the Junta maintain that the local authority did not have the right to issue building licences. A point which is obviously considered untrue by the Local authorities. The constitution of Spain, as I have had explained to me by more than one person, gives the local authority undisputed rights in establishing their own planning developments and it is only when the Junta deem a local authority inefficient that they can have any effect on their plans.

This issue of locally decided plans is at the crux of this issue. The Junta have issued their version of the POTLA (their plans for development) for various areas of Almeria, none of which has had the input of the local authorities or local people,and contains many suggestions which would go against local wishes.

To return to the inequality which highlights the political nature of the actions of the Junta we can look at a few examples. Firstly when you consider what demolition should take place to reinforce your political position and you are faced with the choice of a) a huge illegal hotel, El Algorobbico between Mojacar and Carboneras or b) a private dwelling owned by a quiet retired english couple we know which they chose. But why? You only have to look at the parties in power. In Vera, Partido Andalucista and in the other PSOE!

I was also shown a local example where on one side ot the road the houses are under Zurgena (referred to the courts as illegal) on the other side of the road Arboleas (PSOE) legal. This even though the Arboleas side did not have sufficient water and their water had to be supplied from the Zurgena side!

So far, of all the cases referred by the Junta to the courts, only two sizeable cases have been heard and in both cases the courts found in favour of the Town Hall. They the Town Halls are confident that all the cases will be so found. I have also been told that it is expected that over 50% of the cases referred should be heard within the next 2 months.
Of the original listed houses in areas such as Carasoles, Palaces, La Alfoquia, Llanos del Peral and Cuesta de los Pinos even these lists have been subject to variation. The list for Carasoles was withdrawn and then reinstated again but without a previously listed objection and most recently the cases regarding Cuesta de los Pinos (63 houses) have been withdrawn. This is not considered surprising as the cost of compensation, should the Junta proceed with all these cases, would amount to many millions of pounds.

This is only a resume of information I have obtained over the past 10 months and I reproduce it here for people's information. Further information is available on my blog at http://jiminy304.vox.com and an excellent english abbreviated translation of a book about Spanish property and development can be found at; http://www.levantesostenible.es/landgrab1.htm

Our council in Zurgena are very optimistic that all the issues will be resolved in their favour and that a Plan will eventually (no timescale given!) be agreed which will incorporate all the houses already built with scope for some more building.

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Cuesta de los Pinos

nobody@vox.com(Jim Simpson) — Wed, 20 Feb 2008 18:33:37 +0100

Regarding the withdrawal of the cases from this developement I have been given a copy of the letter which New Horizons inform me (as it is at the moment in Spanish) is the legal paper withdrawing the court action. I have not yet managed how to work out how to post documents to this blog so;

If anyone wants a copy please email me at jiminysimpson@gmail.com

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Levante Sostenible

nobody@vox.com(Jim Simpson) — Wed, 20 Feb 2008 18:29:47 +0100

I had an excellent meeting today with a lady by the name of Jeanne Henny. Jeanne is a member of the above named party who say on their website, "We are a group of Spanish citizens and expatriates resident in the Levante. We are deeply disturbed by the relentless, largely uncontrolled building of soulless urbanizations and the increase in land grab cases. Equally alarming is the constant defacing of our inland vistas with pylons and overhead transmission cables undermining both the environment and community life." They are based in Bedar but are extending their area to include most areas of the Levante.

In pursuance of their aims Jeanne had contacted me to see if we could be of assistance to each other and I have to say that, after our meeting, I felt I had certainly gained some assistance from Jeanne and a better idea of how I can be a more effective councillor.

Jeanne, like me, has had phenomenal problems in getting to understand how we can even ask questions of council members. They have a website where a lot of work has gone into translating Spanish legal papers into english in order that english speaking people could identify what there rights were/are. That site is at www.levantesostenible.es

Within that site is an excellent article which a member of L.S. has gone to great lengths to translate and is an abbreviated version of the history of Spanish property laws which, if you are in a dispute is worth reading to gain an understanding of the mess that is Spanish property rules/laws. http://www.levantesostenible.es/landgrab1.htm

She advised me of a number of things I was completely unaware of regarding the activities of councils and how they have to act in certain cases. I have taken on board her advice and hope to test these things out in the very near future.

She also advised me that a new political party has been established to fight the next election and give the Spanish people a choice between the constant infighting between PSOE and PP. That party is the U.D.P. headed by a lady called Rosa Diez. It would be great to think she could break the link in Spain between left and right. It is thought that she will win a seat in parliament but of course no power at this next election.

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Summary of Coverage of Demo (copied from Lenox's blog)

nobody@vox.com(Jim Simpson) — Sat, 16 Feb 2008 16:28:39 +0100

'No to illegal Demolitions' - The Result

Picture: Portalbox.net

Canal Sur dedicated about ten seconds to it on its evening news. Canal Sur TV (Prop. Junta de Andalucía) noted ‘that about 400 ingleses came along to protest against an illegal house being demolished, (roughly adding in their impartial coverage that) even though the house was thoroughly, completely, violently and appallingly illegal and the peace-loving forces of order, freedom and socialism had been obliged to knock it down’. The cameras couldn’t bear to show the ingleses who were massed on one side of the square so they showed the, uh, 400 Spaniards who also showed up in support.
The Voz de Almería was more generous – estimating the crowd at 1,000 people. They quote me in their full-page spread: ‘It’s not a natural case when the bulldozers suddenly show up at your door after five years of living peacefully in your home knowing that your house-paperwork was all approved by the town hall, your lawyer and your estate agent’. I also go on record saying that buying a house can never become some type of a lottery. El Mundo and Ideal also had full-page coverage of the event.
So – it may have been a day to support an unfortunate family who had lost their house arbitrarily and disgracefully, but, Spain being Spain, it was, of course, a day devoted to politics.
Angel Medina (president of Ciudadanos Europeos del Levante) spoke of the Junta’s intention to implement their own plans for our area, including the 50 square kilometre artificial city planned to be raised between Turre, Los Gallardos and Garrucha, and their intention to take away powers from the local town halls guaranteed by both the European Treaty and Spanish Constitution. ‘This area, with no tall buildings and 85% green-belt, with a population living in harmony and with a good standard of living should be the ideal that other areas should aspire towards’, he said.
The councillor for urban planning for Vera, Paco Vázquez, attacked the local PSOE chapter, which was passing round a flyer that roughly said – in allusion to the demolition - ‘good thing too, keep within the law’. ‘They should at least support their fellow citizens of Vera before yapping to their masters in Seville’ the councillor said. The PSOE wants to punish Vera for being run by the wrong party. Vera is Partido Andalucista; Félix López is the mayor who had turned down the PSOE’s offer to switch to their party just before last summer’s local elections.
The mayor of Vera was not allowed to speak ‘to not enter into contempt of court’ and the mayoress of Mojácar told El Mundo that the demolition was ‘inhuman’. The paper also noted the presence of the mayors of Zurgena and Antas (neither of whom, added the reporter, are from the PSOE).
Even Mrs Prior – most understandably – touched on politics in her short speech of thanks to the people when she said that she would like Zapatero to look her in the eye and explain why her home had to go.
The British GMTV and the Daily Telegraph, both with perhaps their own political agenda to make, were also present.
The AUAN – a home-owners’ association based in Albox, a growing town in the interior of the province - had decided not to send their president as special-interest construction groups in that town had suggested that the Vera demonstration might descend into violence. Which was, of course, a most unlikely scenario. Other members of the AUAN, together with members of other groups, associations and so on, came from Cantoria, Turre, Bédar, Los Pinos and Zurgena to lend their support for the Priors.
The autonomous elections (where, as I note in the Ideal article, the Northern Europeans are not allowed to vote) are to be held in March. The assembled protestors applauded Mr and Mrs Prior and the demonstration achieved its first and most important point of solidarity with the British family. The second goal, to stop future demolitions, will be answered one way or the other in the weeks to come.

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Cuest de los Pinos Update

nobody@vox.com(Jim Simpson) — Sun, 10 Feb 2008 12:59:43 +0100

I am indebted to Mr and Mrs Templeman for the following as I am in the UK at the moment.

"David had a meeting with Mercedes this morning, Friday 8 February 2008 accompanied by Duncan Marsh, armed with a 6 page document from a Judge yesterday, 7 February 2008.

The document from the Judge was dated 28 January 2008, and we faxed it over to Mercedes, who this morning we understand had already received a copy from New Horizon Villas.

It transpires that the Judge has advised that the 63 Villas under review, in “Los Pinos” i.e. Cuesta de los Pinos, now have been declared as not being under revision, and Mercedes confirmed to Duncan Marsh that owners on the list should have no worries about their property.

Duncan Marsh made the point, as have many others, that his Bank had once again confirmed to him, the legality of all the paperwork, or they would not have given him a Mortgage.

Mercedes advised that they were ONLY EVER UNDER REVISION, they were NEVER declared as being illegal..of course they had all the necessary paperwork, i.e. Building Licences, Primer Licencia de Ocupacion and an Escritura registered at the Registry Office.

So good news for everybody, which is the answer to a lot of prayers."

I will confirm this when I return but thought you may all benefit from as early a notification as I could get. I hope and expect the same to happen to all the other cases referred to the Courts but we will no doubt have to wait!

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Baby & Holiday

nobody@vox.com(Jim Simpson) — Mon, 04 Feb 2008 18:26:31 +0100

I am posting this for anyone for whom I have been unable to resolve issues.

I had hoped to sort out a few things this past week but due to a happy event I didn't manage to get the time I wanted at the Town Hall

Andreas' wife gave birth to a little girl last Monday, to be called Marta. As a result of course he has taken time off work to help at home. This unfortunately this has coincided with me going back to the UK for 9 days. I leave on Tuesday evening and return on the evening of the 14th.

I will try and get some answers to the unresolved issues in the two weeks after I return.

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