Court probes Granada golf complex

DEAR CLIENTS

THE LEGALITY OF THE DEVELOPMENTS IN MEDINA ELVIRA IS NOT UNDER DISCUSSION. THE MAYOR OF ATARFE IS DECLARING TO THE COURTS OVER THREE THINGS:-

1) THE LEGALITY OF A WATER TREATMENT PLANT THAT WAS APPROVED BY THE JUNTA DE ANDALUCIA. THE WATER TREATMENT PLANT IN QUESTION HAS NEVER BEEN BUILT BECAUSE MEDIAN ELVIRA IS CONNECTED TO THE GENERAL SEWAGE SYSTEM IN GRANADA, MAKING A NONSENSE OUT OF THIS POINT.

2)THE SECOND POINT IN QUESTION IS REGARDING NADALSOL. THERE ARE ALLEGATIONS THAT THEY HAD A 20m2 WOODEN HUT CLASSIFIED AS A TEMPORARY BUILDING ERECTED IN A GREEN ZONE. THE HUT IN QUESTION WAS REMOVED FROM THIS AREA OVER A YEAR AGO  AND WAS ONLY EVER PLACED ON THE SITE TEMPORARILY.

3) THERE ARE ALLEGATIONS THAT VLADIGOLF SL HAVE EXCEEDED THE AMOUNT OF CONSTRUCTION THAT THEY WERE PERMITTED, BUT THIS IS COMPLETELY UNFOUNDED AS THE ONLY DEVELOPMENT THAT THEY HAVE CARRIED OUT TO DATE IS SUITES AND THIS HAS NOT EXCEEDED THE VOLUME GRANTED.

I WOULD LIKE TO REMIND THE VERY SMALL MINORITY OF CLIENTS WHO USE THIS FORUM TO CRITICISE OUR COMPANY THAT PENINSULA HAS AN IMPECCABLE TRACK RECORD OF PROVIDING CURRENT AND ACCURATE INFORMATION ON A REGULAR BASIS TO ALL OUR CLIENTS.

NOTHING RELATED TO THE PENINSULA DEVELOPMENTS IS BEING BROUGHT INTO QUESTION BY ANY COURT OR GOVERNMENT AGENCY. THIS IS SIMPLY BECAUSE OUR DEVELOPMENTS COMPLY WITH SPANISH LAW, HAVE FULL PLANNING APPROVAL AND HAVE ALL THE LICENCES AND SERVICES NECESSARY. IT IS FOR THIS REASON THAT OUR CLIENTS MUST UNDERSTAND THAT THEY HAVE A CONTRACTUAL OBLIGATION WITH OUR COMPANY WHICH THEY ARE LEGALLY BOUND TO FULFIL.

OUR CLIENT NAMED BOTWOOD IS NOW IN BREACH OF THAT CONTRACTUAL OBLIGATION AND FOR THAT REASON WE HAVE DECIDED TO TAKE LEGAL ACTION AGAINST HIM. HIS REASON FOR NOT COMPLETING ON HIS APARTMENTIS, AS HE MENTIONED IN HIS LAST CONVERSATION WITH ME, WAS THAT HE DOES NOT HAVE THE FUNDS TO COMPLETE AND MAY SOON BE MADE REDUNDANT. AT PENINSULA WE HAVE WORKED EXTREMELY HARD OVER THE LAST 6 MONTHS TO HELP OUR CLIENT BOTWOOD, THE SAME AS WE DO FOR ALL OUR CLIENTS.

99% OF OUR CLIENTS ARE HAPPY WITH THE BUSINESS RELATIONSHIP THEY HAVE WITH OUR COMPANY AND I WILL NOT ALLOW A HANDFUL OF INDIVIDUALS WITH A DIFFERENT AGENDA TO BRING OUR REPUTATION INTO QUESTION.

I WOULD LIKE TO FINISH BY REITERATING WHAT MY SALES & MARKETING DIRECTOR HAS SAID ON MANY OCCASIONS, IF YOU HAVE ANY QUERIES OR CONCERNS, PLEASE CONTACT US DIRECT. WE WILL NOT REPLY TO ANY DIRECT QUESTONS THROUGH A FORUM AS WE WOULD LIKE TO DEAL WITH PEOPLE ON AN INDIVIDUAL BASIS AND IN A PROFESSIONAL MANNER.

KIND REGARDS

J.GASPAR LINO

MANAGING DIRECTOR PENINSULA

May I suggest that you take out your aggression on the various / numerous newspapers and websites that are reporting this.

I am also extremely surprised that you have chosen a forum to announce court action against a client. 

Has anyone noted any comments made about Peninsula or questions the legality of their actions - absolutely not!

How do Peninsula know that 99% of their clients are happy with them when they have never actually asked us!  I also feel that it is very inproffessional and unethical for the Managing Director of this company to discuss any of their clients personal details on this forum.  This forum was set up for people to express their opinions and sometimes concerns about the development  with other buyers and not as he states with any other agenda.   The tone of his letter comes across as nothing short of bullying and does nothing to restore my faith in his company another worrying point is how does Sharon know who she is communcating with on this forum when most people are using aliases to protect their identity?

p.s. On a lighter note Mr Unhappy, like your little man!!

I would like to point out to the forum that this is the first I have heard of this legal action

Gaspar,

You have brought Peninsula into shame by making such a public announcement and releasing confidential information onto the internet. This is a critical time for completions on Phase II of the Medina Elvira 23 site, there is a court case questioning the legality of the development, and you have now made a public statement which infers you may take legal action against clients who do not or cannot complete through no fault of their own

Why on earth would you do this?

Unbelievable!!!  I just can't believe a developer which allegedly cares so much for its customers would act in this way. 

What are you going to be like when it comes to snagging?

Please, I challenge you to write a letter to the Olive Press to denounce their report and finally put the record straight - editors details are below.

Editor: Mark Roulston
mark@theolivepress.es

Sharon - I'm sorry that you misinterpreted my comments from a previous post - I was actually trying to be supportive.

This message was last edited by MrUnhappy on 1/17/2009.

Once again I have been waiting for a written response to some questions I asked a few days ago and in the meantime all of this is going on.  It seems that on the one hand Peninsula are telling people to contact them in person but then actually spend their time contributing to this forum instead.  Please can we stick to either one or the other. 

People wouldn't use a forum if they were given perfect and unbiased information.

Incidently, I really do feel that publishing details of someones personal circumstances is a very low thing to do and also smacks of bully-boy tactics - shame on you.

Perhaps I'm in that 1% of customers that are not very satisfied at the moment.

"3) THERE ARE ALLEGATIONS THAT VLADIGOLF SL HAVE EXCEEDED THE AMOUNT OF CONSTRUCTION THAT THEY WERE PERMITTED, BUT THIS IS COMPLETELY UNFOUNDED AS THE ONLY DEVELOPMENT THAT THEY HAVE CARRIED OUT TO DATE IS SUITES AND THIS HAS NOT EXCEEDED THE VOLUME GRANTED."

Doubtless this is true - however they are also the developer who are I believe are also responsible for the hotel, shopping centre and sports zone.  Do they have planning permission for all of these?  Would all of this exceed the amount of planning permission for land that they have been granted?  I ask this because they are fundamentally important to the success of the development.

www.medinaelvira.com  is their website

It's also very important for rentals, especially as the guaranteed rental scheme depends upon facilties for tourists to be in place.

This message was last edited by MrUnhappy on 1/17/2009.

This message was last edited by MrUnhappy on 1/17/2009.

Guys,

Below is the translation I promised of the website from my wife.  She's worked hard on this but I am not sure what it's value is as it seems that the developers have their bases covered:

SCHEDULED FOR TOMORROW:

THE DECLARATION OF THE MAYOR OF ATARFE (GRANADA), CHARGED WITH ADMINISTRATIVE CORRUPTION

The Mayor of Atarfe (Granada), Víctor Sánchez (PSOE Spanish socialist worker party) is expected to declare tomorrow at 10:00 in magistrate Nr. 4, Granada. He is charged with several crimes of administrative and town-planning corruption of the housing estate ”Medina Elvira Residencial” and the attached golf course, as well as other construction work that had an impact on the area’s infrastructure.

 His statement has already been postponed last October 16^th 2008, after his lawyer reported that his client could not attend the court. Sources of the case told Europa Press that Deán Judge Antonio Moreno thereupon ordered that next time he doesn’t attend without a justification, he will be arrested.

 According to the prosecutor’s decree, to which Europa Press had access to, concerning the proceedings of the criminal investigation, which initiated as a result of the formal complaint made by the following organisations, which later on were joint by others:

-          “IU” (political party “united lefts”)

-          “Ecologistas en Acción” (environmentalist group)

-          “Necesitamos la Vega” (residents association)

“there is sufficient evidence” to consider that the actions could constitute the mentioned crimes.

 Although the complaint was made against Atarfe’s Mayor, who is already involved in other legal proceedings for town-planning actions, the prosecutor clarifies that the pronounced allegation “should be extended to those who have voted for the allegedly illegal agreements and were involved in the process of relevant documents.

 It should also affect those responsible for the companies Nadasol and Vladigolf Ltd. and /or the specific individuals who, according to the decree of the prosecutor Luis Salcedo dated on the 10^th April 2008, have carried out illegal construction work or distorted the planimetry (sizes on the plans).

 The facts refer to the area known as “Regadíos del Cubillas”, in which since 2005 Vladigolf Ltd. and other companies have been carrying out various construction works like:

        -          the housing estate “Medina Elvira Residencial” (scheduled for 3.500 dwellings)

-          the construction of an 18 hole golf course attached to the estate

-          the construction of a wastewater treatment plant in the annexed town of Caparacena.

 Furthermore, there are other doings that had an impact on the infrastructures of the area, like:

        -          the inclusion of the road “Camino de Malacarilla” which connects the annexed town of Caparacena with the town of Atarfe

-          the removal of a path for livestock on the golf course area

-          dumping ground waste into a ravine

-          logging

-          etc.

 or had to do with the golf’s infrastructure. There are also plans to build a hotel in the area “Cortijo Hotel Escuela Armengol”.

 UNDERVALUATION OF AQUISITION

 All these actions were carried out or planned on land that was sold on the 24^th February 2005 by “Proyecto Atarfe” (a municipally owned company in form of Ltd.) to Vladigolf Ltd. for €3.6million. On the 4^th of March of that same year the mortgage was agreed and the land was valued at €8.6 million, which according to the prosecutor is “quite surprising”, as it was the council (through “Proyecto Atarfe” though) who sold a property for less than its appraised value.

 The public prosecution office understands that the land has been “undervalued” according to some town-planning conditions which the council committed to modify in the PGOU (general land development plan). So far these modifications have not been definitely approved, as the area stands under special protection by the POTAUG (land development plan for the built-up urban areas).

 This means that the works carried out on the basis of future intended changes of the urban regulations “would be illegal” for the following two reasons:

        -          lack of legal coverage

-          violation of the current urban regulations

 It seems that the modified (if approved) PGOU (general land development plan) would act more as a tool to give legal coverage to the already built projects.

 ALLEGED ILLEGALITIES

 Based on the LOUA (Building Regulation Law of Andalucía), the prosecutor refers to the performed sale as an alleged illegality, since given the declaration that the golf course is of public interest, the acquisition of the area should have been either through the process of competition or other procedures, which are established in the Contracts Act, but not just its direct transfer as it has ultimately been done.

 Furthermore, in the agreements as well as in the approved projects and licences, regulations appear which are “contrary to the urban norms currently in force in Atarfe and the LOUA (Building Regulation Law of Andalucía). The maximum constructable area is set at 417.697m², which does not coincide with the existing plans and the ground density is amended by simply widening an area that is 5km away from town.

 The POTAUG (land development plan for the built-up urban areas) gives the site “Regadíos del Cubillas” the status of “especially protected non building land”. But still, outside the perimeter on which development is authorised, construction work has been carried out on “especially protected areas”. Apparently these constructions are development and rezoning projects on what is considered building land.  It is an abuse that has been possible because the plans that were handed in by Vladigolf Ltd. were forged and superimposed POTAUG’s original plans.

 On the plot of land 28, which is currently non-constructible, a concrete floor has been laid and a stand was build without a registered licence nor a given permission for its construction. As for the golf course, its construction and the modification of the associated infrastructures deserve a “special mentioning”.

 According to the decree, the construction of the course is in agreement with POTAUG’s system of open spaces, although it would be convenient if the responsible body for the golf course could clarify if the modification of the road truly respects the system of open spaces. According to analyzed reports it is a “controversial issue” that it is in agreement with the protection of POTAUG and at the same time not ambiguous, which constitutes the crime of urban prevarication.

 HOTEL AND WASTEWATER TREATMENT PLANT

 Concerning the plenary approval of the project “Cortijo Hotel Escuela Armengol” the prosecutor describes that it was a local decision which has been collectively adopted “against the rules” of the POTAUG (land development plan for the built-up urban areas) and besides the warnings of one of the complainants about the possible prevarication which could incur should the purchase go ahead.

 According to the allegations, the works on the wastewater treatment plant were initially carried out without the project being approved nor the licence granted, although after the complaint has been lodged, Vladigolf was given the construction licence, which according to the prosecutor still doesn’t comply with the environmental conditions.

WELL, WE HOPE THAT HELPED.  MY BOTHER INLAW IS ALSO SPANISH AND EXPLAINED THE POLITAL PARTIES ETC.  HE SAID THAT CAN HAVE ALOT TO DO WITH SCANDAL AND TROUBLE CAUSED AROUND BUILDS.  I HAVEN'T A CLUE WHAT TO THINK ABOUT ALL THIS AS WE DONT KNOW THE RESULT OF THE MAYORS COURT CASE.

Cheers,

Before the pound dropped on it's bum againstt the euro we were actually thinking of emigrating to Spain - now I guess all the Brits will be coming back eh!

Can we trust the Junta de Andalucia after this latest news report?

http://www.theolivepress.es/PDF/61.pdf

Pages 8 and 9.

Seagull - you live in Spain is it really this bad?  It seems like the wild west to me.

Please may I stress that in no way am I saying that any of Peninsulas actions are illegal - if anything it seems to me that they may be victims.

However the more I look the more nervous I get about the planning behind it - please reassure me someone.

Has anybody got any new informaton about this? Here's what I've got:

My lawyer checked this out and I also spent quite a bit of time researching this. I got a bunch of links to Spanish websites, translated them all in google and yahoo then cobbled together the best info I could. The article translated below by thelooney's missus (many thanks for this) is the most detailed information I have seen on the actual allegations

I didn't understand this very well - I thought he had been charged and was in court on trial. He hasn't - He has had allegations thrown at him by the public prosecutor (the OTP) and has appeared in court to hear them and provide a response. No charges have actually been brought. If they don't charge him the allegations are filed, meaning they are officially 'brushed under the carpet' and thats the end of the matter unless one of these policital groups finds more evidence and gets the whole thing re-opened again

It is also clear from other articles on the internet that these allegations form part of a wider political campaign to bring about the resignation of the mayor. The Medina Elvira allegations were the fifth such city-planning allegations thrown at him by April 2008, one of which had already been filed by then, and when they were announced there were calls for the mayor to resign and for his political party (the PSOE) to suspend him and to prevent him from standing in elections. If anybody is interested, the articles I found are here:

Irregularities in building permits for construction of a golf course in Atarfe
http://www.ecologistasenaccion.org/spip.php?article5127

Court demands PSOE acts upon the city planning management of the mayor of Atarfe accused by the OTP
http://ecodiario.eleconomista.es/espana/noticias/498609/04/08/GranadaTribunalesPP-exige-a-PSOE-que-actue-ante-la-gestion-urbanistica-del-alcalde-de-Atarfe-denunciado-por-el-fiscal.html

The Mayor of Atarfe faces a fourth allegation from the OTP
http://www.20minutos.es/noticia/372807/0/atarfe/urbanismo/granada

The IU calls urbanisation in Atarfe an "absolute scandal" and calls for the mayor to resign
http://www.europapress.es/00279/20071022153928/granada-iu-cree-urbanismo-atarfe-autentico-escandalo-pide-dimita-alcalde-victor-sanchez-psoe.html

So all this is very political and provides minimal details of the allegations themselves

The last couple of articles I found is that the mayor attended court in October 2008 and said the city-planning in Medina Elvira is protected by technical and legal reports that guarantee its legality:
http://www.soitu.es/soitu/2008/10/24/info/1224871430_627633.html
http://actualidad.terra.es/provincias/granada/articulo/tribunales--atarfe-alcalde-afirma-informes-2840320.htm

My internet translations of these two articles are pretty rough so I don't understand the mayor's responses regarding the sale of the land for half its value or the forged planning. Would anybody be willing to take a look at these last two links and post translations?

Sorry, guys, I really think there is a danger of over-worrying about something that we cannot do anything about at this stage. To be honest, these kind of political wranglings are pretty much common place out here, and, more often than not, much ado about nothing.

One of the reasons that I have stopped contributing on the thead is that there seems to be so much confusion and second-guessing about what is actually going on at Medina.

I am content to leave it to my lawyer to make sure that everything is legal when the time comes to complete. I really can't see the point of all of us 'laymen' trying to fathom out the in's and out's of the Spanish legal system.

I am as keen as anyone that our purchase turns out to be a good one. In the meantime I think it's best to let them get on with it and hope they let us know if any serious problems do arise.

I am having very little joy establishing any latest information about the rental sceme, as they seem incapable of responding to any e-mails sent to Royal Executive.

Has anybody else had any joy yet?

Try

info@royalpeninsula com

They are now based at Peninsula Project Management offices in Puertobanus where you can telephone them if you can't get any joy with this email.

I am also getting trouble getting a response from Royal Peninsula, and to be honest have always found them this way over the last 2 or 3 years I have been in touch with them. Having said that I have only waited a few days for a response to my last email so I'm hoping they will be in touch soon. The more of us that contact them the more likely we are to get some information I think

I think the rental scheme is far more important as the 5% income is crucial to the viability of the purchase in my opinion given that we are under the cosh of recession and housing crash for the next few years and will be stuck waiting for it to all blow over. There's a related post here on the Tee-17 forum if you have registered it on your profile:

http://www.eyeonspain.com/community-forum/11644/are-we-on-schedule.aspx.aspx

Sorry. The email address is info@royalpeninsula net 

You may also be interested in this from the Medina Fairways forum:

Dear Clients,

 We would like to inform you that our Managing Director Mr. J. Gaspar Lino will be in the Liverpool & Manchester areas from the 10th to the 13th of March. He will be personally available to discuss any concerns you may have or any further information you may require in regards to the purchase of your property in either Medina Elvira 23 or Fairways, Granada.

 Should you wish to arrange a meeting with him during his visit, please contact me at our head office or by e-mail. sharon@peninsulapm com

 Kind Regards,

Sharon Hitchcock

Sales & Marketing Director

Peninsula

Hi everyone - I was just looking for updates when I came across a few more reports about Victor Sanchez and his court case(s).  If you google his name you will find a number of recent news articles (during the last week) that suggest that the magistrate in the Medina Elvira case has called for an expert witness to review the information to see if  there has been a breach in planning.

So it looks like a decision could be made shortly - however I know that my husband is still very concerned about it all.

Oh great - just when you thought it was safe to complete. I can hear the music from 'Jaws' playing....

You are aware that the original complaint/case against the mayor was by a certain green friendly organisation dont you.

The other cases have built from there probably in the hope of a quick buck by the plaintiffs or the prospect of political gain by his opponents. 

While I dont want to annoy anyone on this forum who cares about the planet/environment it is true that this organisation have taken out a lot of unnecesary litigation in the past just for publicity or to make points about certain general policies rather than specific concerns.

That's also the impression I got when I did my own reasearch into this and translated a load of Spanish news articles on it. I don't think we really have anything tangible to worry about - I did at one time though

They can hardly knock down the whole development. Maybe Vladigolf could get into trouble or the mayor loses his job but I doubt it will have much effect on the development as a whole

Hi - I thought that this whole thing had blown over and found out about this myself when doing an internet search.  I agree that it is highly unlikely that individual apartments will be affected by this in terms of the terrible situation of demolitions etc that have been apparent in some areas.  I also understand that many of these complaints are made by parties in political opposition.

However the number of court cases against Mr Sanchez does seem extreme and major developments have been demolished on the basis of green pressure groups.  Moreover I believe that the major planning issue surrounding this development is whether the hotel / spa facility can actually be built on land which is protected. 

The implications of this depend on whether you feel such a facility will enhance your property and its environs.  Hopefully the hangover from the court proceedings will also not affect future property prices or potential buyers.

The other issue is of course the fact that marginal parties (such as the greens) have a habit of doing well in times of economic crises!