Administrative Silence (again)

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This topic contains 10 replies, has 5 voices, and was last updated by Profile photo of Anonymous Anonymous 8 years, 5 months ago.

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  • #54078
    Profile photo of Anonymous
    Anonymous
    Participant

    Please can anyone enlighten me as to how this ruling stands now?

    In an appeal case heard in Malaga just last week re the Green Hills development the judge declared that the devlopment does have an LFO granted by administrative silence. As far as I’m aware noone has heard, seen or sniffed such a document, and one was not produced in court.

    Our friends lost their appeal. How can this happen?

    roots

  • #84265
    Profile photo of Anonymous
    Anonymous
    Participant

    How can this happen?

    Simply it was a totally wrong call by the judge.
    The Administrative Silence Rule cannot be applied to a development while the building licence is in question – in Green Hill’s case, under judicial review as the development went against the Junta’s PGOU plan. The judge even said the Town Hall’s own architect ‘was wrong’ when he declared the development to be illegal for this very reason.

    As the lawyer for this case stated, the ruling went against the human rights of these purchasers. Certain judges are just doing their own thing when it comes to the law. No-one should be ruled to have to complete on an illegal build, but as we know from many cases recently, this is happening time and time again. A judge with a vested interest with this particular developer? Why is it court no. 3 is famous for ruling this way?

    In my opinion, this judge should be named, shamed and sacked.

    Nice to see you back Roots.

  • #84072
    Profile photo of Anonymous
    Anonymous
    Participant

    How can this happen?

    Simply it was a totally wrong call by the judge.
    The Administrative Silence Rule cannot be applied to a development while the building licence is in question – in Green Hill’s case, under judicial review as the development went against the Junta’s PGOU plan. The judge even said the Town Hall’s own architect ‘was wrong’ when he declared the development to be illegal for this very reason.

    As the lawyer for this case stated, the ruling went against the human rights of these purchasers. Certain judges are just doing their own thing when it comes to the law. No-one should be ruled to have to complete on an illegal build, but as we know from many cases recently, this is happening time and time again. A judge with a vested interest with this particular developer? Why is it court no. 3 is famous for ruling this way?

    In my opinion, this judge should be named, shamed and sacked.

    Nice to see you back Roots.

  • #84275
    Profile photo of Anonymous
    Anonymous
    Participant

    Simply it was a totally wrong call by the judge.

    Because this was an appeal case it can go no further. All the reasons the judge gave are against Spanish law as recited so often by Maria de Castro, Drakan and other Spanish Lawyers. So how can this Judge get away with it.? Only if there is a higher threshold of money involved can it be taken to the Supreme Court. Unfortunately, for this couple, they were below the threshold. To add insult to injury, they were told they have to pay the developers legal fees. I know their thoughts on this!
    Has this case set a precedence for others at GH?

  • #84077
    Profile photo of Anonymous
    Anonymous
    Participant

    Simply it was a totally wrong call by the judge.

    Because this was an appeal case it can go no further. All the reasons the judge gave are against Spanish law as recited so often by Maria de Castro, Drakan and other Spanish Lawyers. So how can this Judge get away with it.? Only if there is a higher threshold of money involved can it be taken to the Supreme Court. Unfortunately, for this couple, they were below the threshold. To add insult to injury, they were told they have to pay the developers legal fees. I know their thoughts on this!
    Has this case set a precedence for others at GH?

  • #84283
    Profile photo of Anonymous
    Anonymous
    Participant
    Claire wrote:
    Quote:
    Simply it was a totally wrong call by the judge.

    Because this was an appeal case it can go no further. All the reasons the judge gave are against Spanish law as recited so often by Maria de Castro, Drakan and other Spanish Lawyers. So how can this Judge get away with it.? Only if there is a higher threshold of money involved can it be taken to the Supreme Court. Unfortunately, for this couple, they were below the threshold. To add insult to injury, they were told they have to pay the developers legal fees. I know their thoughts on this!
    Has this case set a precedence for others at GH?

    I hate the European Union , but could these people write to Michael Cashman the MEP, I had some dealings with him recently and he came across as a decent, honest ,responsible guy. He can only help so much, but he does bring things up before the Commissioners , over 40 cases were brought up recently against Spain , a drop in the ocean I know but at least someone is doing something.

    If this fails surely a case can be brought up at the famous/imfamous
    Court of Human Rights based I think in Strasbourg, they always seem to be over ruling the British Courts on a whole range of issues.

    I may be writing rubbish as I am not an expert on the law,I just get fed up hearing of people being ripped off. I love living in Spain but their legal system is the pits.

  • #84083
    Profile photo of Anonymous
    Anonymous
    Participant
    Claire wrote:
    Quote:
    Simply it was a totally wrong call by the judge.

    Because this was an appeal case it can go no further. All the reasons the judge gave are against Spanish law as recited so often by Maria de Castro, Drakan and other Spanish Lawyers. So how can this Judge get away with it.? Only if there is a higher threshold of money involved can it be taken to the Supreme Court. Unfortunately, for this couple, they were below the threshold. To add insult to injury, they were told they have to pay the developers legal fees. I know their thoughts on this!
    Has this case set a precedence for others at GH?

    I hate the European Union , but could these people write to Michael Cashman the MEP, I had some dealings with him recently and he came across as a decent, honest ,responsible guy. He can only help so much, but he does bring things up before the Commissioners , over 40 cases were brought up recently against Spain , a drop in the ocean I know but at least someone is doing something.

    If this fails surely a case can be brought up at the famous/imfamous
    Court of Human Rights based I think in Strasbourg, they always seem to be over ruling the British Courts on a whole range of issues.

    I may be writing rubbish as I am not an expert on the law,I just get fed up hearing of people being ripped off. I love living in Spain but their legal system is the pits.

  • #84284
    Profile photo of Anonymous
    Anonymous
    Participant

    Michael Cashman can do nothing for these people. Yes the Lawyer said their human rights have been breached, but going to the Court of Human rights is a long protracted route. It is not easy to get to that stage. Also these people have paid out a large sum of money already, on top of their deposit money. Yes the Spanish legal system is the pits.

  • #84084
    Profile photo of Anonymous
    Anonymous
    Participant

    Michael Cashman can do nothing for these people. Yes the Lawyer said their human rights have been breached, but going to the Court of Human rights is a long protracted route. It is not easy to get to that stage. Also these people have paid out a large sum of money already, on top of their deposit money. Yes the Spanish legal system is the pits.

  • #84285
    Profile photo of Anonymous
    Anonymous
    Participant

    @Claire wrote:

    Simply it was a totally wrong call by the judge.

    Because this was an appeal case it can go no further. All the reasons the judge gave are against Spanish law as recited so often by Maria de Castro, Drakan and other Spanish Lawyers. So how can this Judge get away with it.? Only if there is a higher threshold of money involved can it be taken to the Supreme Court. Unfortunately, for this couple, they were below the threshold. To add insult to injury, they were told they have to pay the developers legal fees. I know their thoughts on this!
    Has this case set a precedence for others at GH?

    Claire’s views sum it up.

    Not so very long from now, the Spanish goverment will be asking why foreign investors have deserted the spanish property market. Remember that the spanish construction industry contributes to 10 % of the spanish economy. Or it did a couple of years ago.

    In a couple more years from now the construction industry will contribute less than 2% to the spanish economy. There will simply be no need to build more property when there are 2 million empty properties that have been left as surplus by the idiot developers and idiot estate agents.

    Now, it is every small episode of perceived injustice that helps potential investors think ‘this is not the time to invest in spain’. And these potential investors have been given plenty of other reasons why not to invest…..valancia land grab, illegal development builds etc etc. I have lost count of the number of times I have seen the TV show the bulldozing of a brit retirement villa. That single tv clip must have aversely influenced millions.

    This is all part of the reasoning behind my deep concern for the spanish property market.

  • #84085
    Profile photo of Anonymous
    Anonymous
    Participant

    @Claire wrote:

    Simply it was a totally wrong call by the judge.

    Because this was an appeal case it can go no further. All the reasons the judge gave are against Spanish law as recited so often by Maria de Castro, Drakan and other Spanish Lawyers. So how can this Judge get away with it.? Only if there is a higher threshold of money involved can it be taken to the Supreme Court. Unfortunately, for this couple, they were below the threshold. To add insult to injury, they were told they have to pay the developers legal fees. I know their thoughts on this!
    Has this case set a precedence for others at GH?

    Claire’s views sum it up.

    Not so very long from now, the Spanish goverment will be asking why foreign investors have deserted the spanish property market. Remember that the spanish construction industry contributes to 10 % of the spanish economy. Or it did a couple of years ago.

    In a couple more years from now the construction industry will contribute less than 2% to the spanish economy. There will simply be no need to build more property when there are 2 million empty properties that have been left as surplus by the idiot developers and idiot estate agents.

    Now, it is every small episode of perceived injustice that helps potential investors think ‘this is not the time to invest in spain’. And these potential investors have been given plenty of other reasons why not to invest…..valancia land grab, illegal development builds etc etc. I have lost count of the number of times I have seen the TV show the bulldozing of a brit retirement villa. That single tv clip must have aversely influenced millions.

    This is all part of the reasoning behind my deep concern for the spanish property market.

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