12 Nov 2006 9:03 PM:

phil,

did they give any indication as to wait time on legal action as we are likely to take this road as well

Community thread: las vistas santa maria

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22 Oct 2006 8:33 PM:

Femi,

I have sent Email with brief details of Solicitors response.

I dont know why I am getting a different time scale from Phil but this reply from Solicitors was just last week.

Perhaps Phil can update when he returns from Spain.

Obviously an 8 month time scale takes us to May/June 2007 by which time the new town Council will have been elected and planning consent granted/or stopped completely. Despite the Court action if it is granted then a new timescale for completion will be announced and if it suits individual cases the court action can be stopped. (Even if building restarts a timescale into 2008 seems likely)

 

As a general message and as a result of an answer from Solicitors - Has anyone out there received any monies back without resorting to legal action as claimed by MacAnthony and Sols???

Community thread: las vistas santa maria

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19 Oct 2006 9:34 PM:

Hello All

The last two posts relate to newspaper articles from Spain. They basically say the site has been forcibly closed by the Town Hall to prevent works continuing. The closure order with security was enforced as the builders were continuing to build despite being warned not to. It is clear that one of the reasons is a breach of planning by building more apts in a different style to that initially approved. In addition some deforstation has taken place. I have queried any prior knowledge of this with Solicitors ie they should have known that there was a problem as long ago as 2004 and also with MacAnthony. They have responded and if you want their answer/advice I can send it to you to save asking the solicitor the same thing again.(Original Spanish version of article also avail) Let me know and I'll send them to you

Community thread: las vistas santa maria

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19 Oct 2006 9:26 PM:

Another article

The manager of Marbella has paralyzed in four days works of 582 houses
The Moleón promoter disregarded an order of the Superior Court of dictated Justice in 2004
JAVIER MARTÍN-ARROYO - Marbella
The COUNTRY - Spain - 06-05-2006


The promotion of South Elviria, after being sealed by the Local Police. (PEPE SANCHEZ)

The managing commission of Marbella (Malaga), constituted after the dissolution of the City council presided over by Marisol Yagüe, immersed in an ample plot of corruption, sealed yesterday a new work of real estate promotions; fourth in four days. With her they are already the 582 illegal houses in construction paralyzed from the past Tuesday. This time has been the turn of a promotion of 181 houses and garages in the zone of South Elviria, executed by the Moleón promoter, who the Superior Court of Justice of Andalusia had ordered to paralyze in 2004.

The decrees signed by the president of the managing commission, Diego Martin Reyes, will stop being the news in the next days, when the team of foremen and agents of the Local Police is become accustomed the seals like a routine in the unusual marbellí city-planning panorama.

“In the work we were workers retiring material, but nothing reseñable, because the seals will be a norm to newspaper from now on”, declared Rafael Mora, superintendent in functions of the Local Police.

The promotion of the Moleón promoter, sealed by two agents, was opposite to the effective General Plan of Ordenación Urbana (PGOU), and was being constructed within a sector of the zone of South Elviria, to a kilometer of the purifying station of the Viper, near a golf course, according to informed the managing commission.

The vowel of Urbanism, Rafael Duarte, clarified that against this promotion, which counted on a municipal work license from 2002 which it was opposed before the Superior Court of Justice, the corporation presided over by Marisol Yagüe had issued two orders of seal, dated the 1 of June of 2004 and, very recently, the 16 of March of 2006. In spite of it, the company that executes works did not take care of any of the paralyzation orders, reason why the president of the managing commission, Diego Martin Reyes, ordered yesterday in the morning of by means of decree the seal, into which he informed to the companies into water and electricity so that they came to the cut of the provision.

This one is the fourth decree of work paralyzation that in the last dictates to the City council of Marbella days, after the seal of works from the hotel Senator, the promotion Gardens of the Prince and the requirement to the Promopinar organization so that it finalizes works of consolidation ordered by the court in a term of two months.

In addition to the city-planning front, the vowel of Economy and Property and Citizen Security of manager, Blond Carlos, warned yesterday on the “irregular procedures” used by the previous marbellí corporation in the “acquired obligations”. In its criterion, this procedure is one of the main ties with which has been the manager. Blonde explained that there will be “to unravel” which is the reality of the services contracted by the City council, “if something were contracted really or not”, to reorient of a legal form everything what it is necessary. The delegate censured of severe way the inheritance in the received economic management of the dissolved corporation.

In this way, vowel and ex- delegate of Government in Malaga indicated that she will have “to eliminate what is superfluous, since things have been contracted that are not asumibles, prices here that are not it either absolutely”. In addition, she requested prudence to manage with another rate and ways the area of Property, and maintained that all this is necessary to go little by little “seeing it, because it is not task of one week nor of two”.

Community thread: las vistas santa maria

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19 Oct 2006 9:25 PM:

This is an edited version of one newspaper article translated into English (not very well) by Google

The Together denunciation to the Office of the public prosecutor two cases more of illegal works than are constructed in Marbella The TSJA issued to footpaths orders of paralyzation of the works that have been failed to fulfill

 

DIEGO NARVÁEZ - Malaga
THE COUNTRY - 14-04-2006

The other denounced breach talks about an urbanization of 181 houses in Elviria, that promotes the Sur company Sema Investments. The work license was granted by the City council of Marbella in protected November of 2002 in a partial plan of arrangement that until in two occasions counted on unfavorable report of the Provincial Commission of Arrangement of the Territory and Urbanism of the Meeting.

In any case, this one plan of urbanization anticipated the construction of houses of the type Mediterranean town, with a maximum of 158 houses, 23 less of those than they are constructed in fact in Elviria, a zone to the east of the marbellí municipal term. In addition in this urbanization the houses are grouped in blocks and not in the tipología contemplated in this planning.

For that reason, the Public Work Council also opposed the work license and the 29 of April of 2004 the TSJA dictated suspension car to prevent of the works. Almost a year later, in March of 2004, the room authorized to the constructors who execute the project, Conmar and Promotora Moleón, to that made works of “consolidation and securing of slopes, laying of foundations and towers of electrical laying” in order to avoid possible damages to people and goods.

Nevertheless, the City-planning Police of the Coast detected since then in seven inspection made between May of 2005 and April of 2006 that the works continued and they exceeded the authorized thing by the court clearly, so that the structure of the houses practically is concluded and some block already even has painted the outside. In another one of the blocks already one works in the waterproofing of the cover, according to the inspection report.

The own TSJA already has warned in more than an occasion in diverse providencias, as much to the construction companies as to the own City council of Marbella, that the judicial failure to carry out an order of work paralyzation can suppose to incur a presumed crime of disobedience to the judicial authority.

Until the moment, the Environment office of the public prosecutor has opened diligences by breach of orders of paralyzation to a total of five work promotional companies of Marbella. These companies are the Community of Goods Christ of the Mills, the promoters Yambali 2,000, Haviland Proyect, European of Commercial Complexes, and to the Group Hotels Beach.

 

Community thread: las vistas santa maria

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