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.
Firstly a tragedy occurred in La Alfoquia yesterday when a 3 year old boy drowned in a private family swimming pool. A reminder, as the holiday season approaches, of how important it is to constantly watch young children near the pool.
A bit of bad news at the Town Hall to as one of Candido's kids was taken to hospital this morning. Do not think it anything serious but it did prevent me getting to see him. I have not been able to get hold of Salvadore either for the inventory so will be in everyday again next week until I get it.
We had a burglary at the Town Hall a week last Saturday when someone used the reja bars to climb the outside of the back wall and force open the shutters. The thief obviously knew what he was doing and went straight to where the cash box was and stole 800 euros. They have a very good idea who it was. A local gent who once spent an evening stuck up a chimney of a house he was trying to burgle some years ago until his cries were heard and he was released t spend a period of time in prison! There is DNA at the scene so should be easy.
I have pasted below a copy of an email I have received from a number of sources. I will be attending this meeting to ascertain what the feelings of the various groups are, however I suggest that if any of you are interested then it would be well worth your while to attend this meeting 11.0am Saturday 30th May.I also have to add that I am not a member of the AUAN and do not necessarily agree with everything they say but as the foremost group trying to help people with issues about their properties I help publicise their activities. This is probably going to be one of the most press covered and publicised discussions, and needs the support of all affected illegal home owners, and land grabbed victims, to ensure that all go away understanding there is a human element to all these issues, and if we do not support the meeting, and turn out, then why should they take notice of the apathy of those so badly affected. "Urbanos No" groups have paid out money for this meeting, the least we can do is support it. It is open to all the public.
If the Auchen report recommendations are upheld, this would have grave consequences to the Spanish economy, the Spanish reputation in Europe, and high unemployment and crime. Which will in fact affect all of us, legal or not, Spanish or Ex Pat.DETAILSROUND TABLE DISCUSSION with DAVID HAMMERSTEIN (European Member of Parliament), ecologist groups and regional associations joined in the fight against urban abuse AULAN (Abusos Urbanísticos Levante Almeriense - ¡No!), in collaboration with its sister association AUAN, has organised a round table discussion for Saturday, May 30, beginning at 11am in the conference hall of the Hotel Best, Mojácar Playa. In the Round Table, participating from Almería Province, will be: From Valencia will come members of the first and largest anti-urban abuse group and instigator of the Auken Report submitted to the European Parliament (containing a resolution condemning the lack of basic rights in Spain for homeowners, as well as multiple abuses of the environment): As special guest: The goal of the meeting is to enable the various groups to begin working together towards demanding that the recommendations outlined in the European Parliament resolution contained in the Auken Report be carried out. The event is open to all interested members of the public. In the audience will also be candidates from the upcoming European elections.
I was trying to avoid having any work this week as I have my baby grandson with his mum, dad, and other grandad and grandma visiting, however, due to the impending court case next week at Huercal Overa, I had been contacted by a number of people concerned about this developement, so I decided to go and find out.
I managed to get hold of Candido this morning and, in relation to the Court case next week relating to the Sunlit and Puxmarina houses in La Alfoquia the following applies. It is I am informed a continuation of the politically motivated action by the Junta against the Town Hall. It is also a most abnormal action. It was explained to me that the normal process would be that the case is instigated and evidence is sought from as many people as possible it is then passed to the Fiscal in Almeria who decides to either file it (in the event of insufficient evidence) or accuse anyone (in this case the Town Hall). What has happened in this case is that sometime ago this process was gone through. The Courts sought eveidence from the builders, promoters, secretary, councillors and architect and submitted it to the Fiscal but instead of taking one of the two courses of action above and in light of their being insufficient evidence against the Town Hall they have restarted the action and this time in a effort to create bad feeling between the residents and the Town Hall they have informed the people who reside in these houses. This is done for two reasons. Firstly they hope to get people to take legal action for damages against the Town Hall knowing that, in order to protect themselves, the Town Hall would have to take out a counter action against the individuals. Candido belives that they will continue to keep trying tactics like that in relation to the cases which have to be heard by the penal courts until the next elections. They also have to take this course of action because otherwise individuals could seek damages from the Court and, until the action is decided, damages cannot be awarded.
I discovered also that the Town Hall had just been informed, by the appeal court in Granada, that the Junta have been found to be wrong to order a stop on the building at Cuesta de los Pinos. I asked if that meant we could start issuing building licences for pools etc. He then explained to me how the civil court process works and it is very complex and probably to difficult for me to explain on here. Basically each civil case had two parts to it, one alleging wrongdoing in the granting of the building licences and the second part ordering a stop to all building. The court has to keep the second part running as long as the first part is open. What they keep doing is withdrawing and restating the 1st part at various stages so they can prolong the process as long as possible, however, now that we have the court ruling on the stop order we are optimistic that the 1st part will be ruled on soon. So therefore we will be holding back on issuing licences until this final bit is sorted.
I asked about how and when people could claim damages and was told that people who had already paid for properties that they had been unable to move into would be the first who could claim and that as soon as a decision was reached we should inform the people who this most affects (eg Barranco do Los Pinos) and they can then instigate claims for damages against whoever loses the case. Candido is very confident, given the recent successes that those claims will be against the Courts and can include a financial figure for loss of quality of life and that could include people who have been unable to build pools after getting permission from the Town Hall.
I also asked Candido why the press were reporting that other councils were making noises about having nearly reached agreement with the Junta regarding their PGOUs we were not mentioned. He explained that because we were still negotiating our position as to what would form the urban neucleus he could not go to the press and pretend to be happy with the negotiations otherwise the Junta would make use of that statement. He is still trying to get as large an area as possible accepted as urban e.g. including Cuesta de los Pinos and the like so will not be making any statements to the press until he has got an acceptable amount agreed.
On a minor note work has commenced on the Gymnasium in La Alfoquia and the net stopping the football from leaving the football [pitch is to be increased in height to reduce the incidents of the ball landing in peoples gardens.
As usual if I have not clarified anything well enough just drop me an email and I will try and answer.
Email to jiminysimpson@gmail.com
I was trying to avoid having any work this week as I have my baby grandson with his mum, dad, and other grandad and grandma visiting, however, due to the impending court case next week at Huercal Overa, I had been contacted by a number of people concerned about this developement, so I decided to go and find out.
I managed to get hold of Candido this morning and, in relation to the Court case next week relating to the Sunlit and Puxmarina houses in La Alfoquia the following applies. It is I am informed a continuation of the politically motivated action by the Junta against the Town Hall. It is also a most abnormal action. It was explained to me that the normal process would be that the case is instigated and evidence is sought from as many people as possible it is then passed to the Fiscal in Almeria who decides to either file it (in the event of insufficient evidence) or accuse anyone (in this case the Town Hall). What has happened in this case is that sometime ago this process was gone through. The Courts sought eveidence from the builders, promoters, secretary, councillors and architect and submitted it to the Fiscal but instead of taking one of the two courses of action above and in light of their being insufficient evidence against the Town Hall they have restarted the action and this time in a effort to create bad feeling between the residents and the Town Hall they have informed the people who reside in these houses. This is done for two reasons. Firstly they hope to get people to take legal action for damages against the Town Hall knowing that, in order to protect themselves, the Town Hall would have to take out a counter action against the individuals. Candido belives that they will continue to keep trying tactics like that in relation to the cases which have to be heard by the penal courts until the next elections. They also have to take this course of action because otherwise individuals could seek damages from the Court and, until the action is decided, damages cannot be awarded.
I discovered also that the Town Hall had just been informed, by the appeal court in Granada, that the Junta have been found to be wrong to order a stop on the building at Cuesta de los Pinos. I asked if that meant we could start issuing building licences for pools etc. He then explained to me how the civil court process works and it is very complex and probably to difficult for me to explain on here. Basically each civil case had two parts to it, one alleging wrongdoing in the granting of the building licences and the second part ordering a stop to all building. The court has to keep the second part running as long as the first part is open. What they keep doing is withdrawing and restating the 1st part at various stages so they can prolong the process as long as possible, however, now that we have the court ruling on the stop order we are optimistic that the 1st part will be ruled on soon. So therefore we will be holding back on issuing licences until this final bit is sorted.
I asked about how and when people could claim damages and was told that people who had already paid for properties that they had been unable to move into would be the first who could claim and that as soon as a decision was reached we should inform the people who this most affects (eg Barranco do Los Pinos) and they can then instigate claims for damages against whoever loses the case. Candido is very confident, given the recent successes that those claims will be against the Courts and can include a financial figure for loss of quality of life and that could include people who have been unable to build pools after getting permission from the Town Hall.
On a minor note work has commenced on the Gymnasium in La Alfoquia and the net stopping the football from leaving the football [pitch is to be increased in height to reduce the incidents of the ball landing in peoples gardens.
As usual if I have not clarified anything well enough just drop me an email and I will try and answer.
Email to jiminysimpson@gmail.com
Todays Pleno was to discus the impending European Elections and to identify the voting tables and persons to act as Presidents or assistants on each of the 3 tables. As it was to be done electronically this year the meeting had to be adjourned to see who the computer identified as those who should fulfill these roles this year. Once the people were identified it is necessary for the Polizia Local to visit each individual and inform them.
Whilst I was at the meeting I was also made aware of the fact that Emilia and Manolo were both resigning their positions as Deputy Mayors. Therefore all the party on the list would move up a couple of places except me (fortunately otherwise I would be deputy Mayor). So the new deputies are Salvador Robles, Francisco Ramos and Juan Ramos.
I was also made aware that their is to be a Court hearing in the Court of 1st Instance at Huercal Overa on 26th May at 10.0am. This case is an opening case into the building of the houses in La Alfoquia near the Pool Bar and relates to those houses built by Sunlit or Puxmarina. In particular to those houses built on Parcela 168 Poligono 16. To try and avoid unnecessary panic on behalf of those who will be receiving a visit from the Polizia Local over the coming days I have put a short explanation below of what it is about as well as I can. There is also to be a english language leaflet with these papers telling people what to do e.g. what to sign etc. As I have said this is the opening of a case (like so many before) and at this stage the Court are obliged to inform any and all persons who may have an interest in the case of the fact that it is being commenced. The case is in fact another which will be against the Town Hall. Each individual can then decide firstly if they wish to attend Court ( it is not compulsory) and, if they do, whether they wish to instigate proceedings themselves against either the Junta or the Town Hall. Hope this helps.
Re the house numbers I asked, as I was supposed to get the list today and Salvador said he needed another day. I said I would call and collect the list tomorrow, Thursday 14th May.
We have managed one small step in the management of the Polizia Local and that is from Monday past they are keeping note books to cover their activities. I have provided them with some example pages of how we would like them to record their activities. This will help us when we come to plan their shifts and what activities we want them to undertake. There was a little reluctance but they seem to have accepted the idea now. I will review it in a few weeks and, whilst I realise the record may not be 100% accurate, it will give us a better insight into how their working practices operate and what constraints there may be to any directed work.
Called in and saw Candido today but as usual everyone was very busy so I tried to just ask about the more important issues on my list as we are having a Pleno next Wednesday so can hopefully ask about the more minor issues then.
Firstly as I had had a number of enquiries about which case, involving a Prodelor development, had been won at the appeal court and I was told that it was the one I had assumed it to be e.g. the large development nearest the main road to Albox of 110 houses.
Secondly I asked if we could start managing the Police. Candido is aware that we need to initiate some sort of control over the Polizia Local as, at the moment, they are not being managed and just doing what they want. I referred to an idea I had raised previously of giving them all a note book and asking them to record what they did each day. He agreed that it was a good idea but suggested we should be telling them what to do. Whilst I agreed I felt that until we knew what they actually are doing we cannot set working hours or tasks each specific partrols, pub visits etc. I asked when we were likely to get Diego (the longest serving Police Officer) to act as the man responsible for the others. I was told that we need to get a meeting of all the party and get agreement and effect an increase in his pay together with the instruction that he takes that responsibility. I agreed to obtain the best note books and issue them to the Police next Monday and give them the instructions on how to complete them so that we can gain some insight into how they currently pass their time. Candido was a little worried that they would just make things up and whilst I said I accepted that as a possibility until we get a baseline we have nothing to work with. We will have a meeting to discuss the Police working patterns before the end of the month.
In relation to all the letters that people had received from the Hacienda regarding their properties asked if Isa had received telephone calls from solicitors asking about the Certificates of Expediente. She said she had and had explained the situation to the solicitors who had called. The issue it transpires was that the Town Hall have not been paying the solicitors and so they were not dealing with any of the Town Hall's requests. They have now reached an agreement about how they will be paid and it is expected that our requests will be processed by the solicitors before the end of the month.
I then asked how they were getting on in assigning all the street numbers and catastral references. I was told that they had initially had a few problems as some houses (eg those on corner plots) could not easily be identified as to which street they were on. This had been done and is with Salvadore. It was agreed that I be given a copy of this next week at the Pleno. I can then (with the help of some of our NHW coordinators) try and help the Town Hall by informing people of their houses numbers and obtaining the information from them, that the Town Hall want, in respect of each property eg occupant details, owner details, NIE numbers and telephone nos. where possible.
I asked about the street lights in Llanos Del Peral and he informed me that he had told the council electrician on a number of occasions to sort this out and he would do so again.
I also asked on behalf of a couple who had paid money to the Town hall for licences to build some properties if they could have their money back and Isa told me that she was attending to it and it would be resolved next week.
In view of everyone's commitments I left it at that and will raise the other less immediate issues next week.
Just a quick note to let anyone know that I have returned from a week in the UK visiting family. I cannot really post on here to inform people before before I go, for security reasons, so thought I had better post to explain why there have been no posts for a while.
I will be going into the Town Hall tomorrow and hope to see Candido and will post the result of that.
