What happens when Planning permission is not granted

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10 Sep 2007 12:00 AM by glenfirth Star rating in Velez Malaga. 1 posts Send private message

Hi

I own a farm with 20,000 m2 of planted mango trees and a house of 110m2 on it.  It is all fully legal and registered.  I applied for planning permission 2 years ago to extend the property to double in size.  I have just heard that the Junta de Andalucia has declined our permission.  My architect has told me that i now have to wait for a letter to inform me as to the reasons why.  I would like to know if the reasons can be overcome and i can reapply without having to go back to the beginning?  Or if this is cut and dried and if they say no they mean it?  Everything has changed with regards to planning and i dont think anyone i speak to really understands.  Does anyone have experience of these matters.  My farm is just outside Velez Malaga.  HELP!



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Charlie



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10 Sep 2007 4:59 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

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The Junta can effectively do what they want. The land that you own is rustic as the house is considered to be. Traditionally as you have what is officially a farm the size of house was very much according to the plot size and the area etc - thus a farm worker in traditional Spain would be living in a house of 110 sq metres to work that area of land and that was all that was required in what is generally considered a poorer region of Spain. Once rustic property has its designation it is extremely difficult to get anyine to adjust it officially as far as Land registry is concerned. You will have a battle and most certainly you will not be able to make any progress no matter how little without a lawyers assistance as it is something that might even end up in court. Traditionally in Spain nobody would even have bothered making the application - if they could have afforded it they would have built the extension - left it four years or more and then pay any necessary fines to the authorities to try and get it registered - now here is the conundrum and you need to check with your lawyer - I thinkt the fact you have applied and it has been declined but you were to flout the law anyway and proceed with your plans it can then be considered a criminal offence - really really not sure on that last bit but I am sure it is viewed more seriously than if you had just gone ahead.

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Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk




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10 Sep 2007 11:03 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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You have rights to 1. administrative claim against the JUnta de Andalucia decission and  2. Contencious administrative procedure so a Judge can decide on that administrative act.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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