The regional High Court annuls Marbella building licences and stops work on over 700 homes
Cristina González
The last two permits to be revoked affect projects in Las Chapas and on La Ermita industrial estate
The Andalusian High Court has also made the GIL council’s changes to the Town Master Plan void
The TSJA, the High Court of Andalucía, has suspended building licences on over 700 housing units, and annulled completely three other licences in Marbella, in an attempt to halt illegal building work.
So far this year, the court has temporarily withdrawn 11 licences to build a total of 777 housing units. All these licences contravened the 1986 Town Master Plan (PGOU), the only valid urban plan recognised by the Junta de Andalucía.
Breaking the law
In most of these cases, the licences were withdrawn because the land being built on was not zoned for this purpose, or because the amount of construction on each plot exceeded that for which permission was granted. Furthermore, in most cases, the final withdrawal of building licences was made years after the first formal objections were made in the courts.
The former Mayor of Marbella, Julián Muñóz, along with some councillors, have already been brought before the courts for the granting of licences for buildings at Banana Beach, which are among those on which work has been stopped. In fact, there have been many such cases brought before the courts in recent years, and this year alone, the Andalusian High Court has annulled three licences, which authorised the building of 336 homes in total, dating from the time of the GIL administration in Marbella.
Annulments
These last three annulments affect two developments planned for La Ermita industrial estate, 144 homes, commercial premises and garages, along with 12 semi-detached houses in the Carib Playa residential development at Las Chapas. The first of these licences was granted in February 1999 to the Turismo y Recreo Andaluz (Turasa) company, and the second granted to Dunas de Marbella S. A. in 1998.
The third licence to be revoked had been granted to the Grupo Empresarial Sadisa S. L. company to build 180 homes at Las Chapas, on land that had been zoned for public health facilities. Three more licences were annulled in 2004, for building work at Banana Beach and a four-star hotel on land that had also been zoned for public health facilities.
The Andalusian High Court decisions are final. The judges rejected appeals made by both Marbella Town Hall and one of the developers, the Town Hall using the old argument, in the case of the La Ermita building licence, that when the licence was granted, the Town Master Plan was undergoing revision. The GIL administration used the law of non-response - in this case, by the Provincial Planning Committee - to go ahead and approve the measure in 1998. With regard to the Las Chapas development, the Town Hall claims that the Junta did not object to the basic scheme at the time, thus invalidating any further objections to the licence.
Both arguments were finally rejected by the Andalusian High Court, which considers that the granting of a building licence for a basic scheme does not automatically mean that the final scheme can go ahead. The court also reprimanded the Town Hall for exceeding the powers it has in urban planning, in that it had ignored the ruling of a superior authority.
Another of the most recent decisions by the Andalusian High Court has annulled the Marbella Town Hall approval of a revision of the GIL administration town master plan, which was used as a legal basis for granting the licences in question. This High Court decision opens the way for more licences to be challenged.
Licenses
Eleven building licences halted and three annulled in 2005.
Work stopped
Renta 95: 63 homes in Ranchotel
Turipiana: 67 homes at San Francisco Sur
Orion Consultant: 31 homes in the El Rodeo community
Turasa: 63 homes and commercial premises in El Carril del Relojero
Yeregui Desarrollo: 63 homes in El Carril del Relojero
Yeregui Desarrollo: 144 homes at El Cortijo de Los Monteros
Nuevos Aires 2002: 34 homes in c/ Alonso de Bazán & Luis Oliver
Promopinar 99: 221homes in Avenida Trapiche, at Xarblanca
Laelco Promociones: 81 apartments at Guadalpín Norte
Oligarinsa Promociones: 273 homes at Caridad Oeste.
Naviro Inmobiliaria: 11 homes.
Licences annuled
Turasa: 144 houses, commercial premises and garages on La Ermita industrial estate
Las Dunas de Marbella: 12 semi-detached homes at Las Chapas
Grupo Empresarial Sadisa S. L.: 180 homes and apartments in Pino Gordo, at Las Chapas.
Thanks to the Sur in English!!
