[Anonymous]

One for the lawyers… ❓

I’ve read threads on another forum where people state that their LFO will be granted in such-&-such month, 2009 (on a previously illegal property).

I’m wondering if advance notice is given of this ❓ Does this information come into the public domain/lawyers months before?

Thanks 🙂

[katy]

Suzanne, sorry not an answer to your question but wondered if you knew anything about this? This is a footnote in la Tribuna de Marbella after the Paltforma M29 say they will continue to oppose the new plan as it gives no guarantee that owners will not be charged to legalise their property.

A todo esto, se suma la próxima visita del diputado europeo por Los Verdes, David Hammerstein, para solicitar información al Ayuntamiento. El diputado inaugurará una oficina temporal en la que los ciudadanos podrán plantear sus quejas, luego se elevará al Parlamento europeo. El objetivo es elaborar un informe no vinculante que será “un castigo” por “legalizar de facto actividades delictivas que en numerosos casos han resultado en penas de prisión”.

Briefly: A European deputy from the Green Party, David Hammerstein will visit (Marbella) in order to seek more information from the Town Hall. The Deputy will open a temporary office for citizens to present their complaints. He will then take them to the European Parliament.

(Today)

[Anonymous]

Hello Katy,

I’ve written to David Hammerstein, waiting for a reply. Think he’s particularly interested in ‘illegal properties’ built on greenbelt land (‘mine’ is one).

Thanks for this update. Will keep you posted.
His website details:
http://www.europarl.europa.eu/members/expert/alphaOrder/view.do?language=EN&id=28345

[Fuengi (Andrew)]

katy do you have a link?

[katy]

http://www.latribunademarbella.com/noticia.asp?ref=11332

Hope this is the correct one.

[Anonymous]

David Hammerstein, represents the Green party. At least he is dealing for matters for which his stands for. Not like our parasite MPs/MEP, just filling their pocket & influence peddling.

[Fuengi (Andrew)]

@katy wrote:

http://www.latribunademarbella.com/noticia.asp?ref=11332

Hope this is the correct one.

thanks katy

[Anonymous]

‘The 29-M residents’ platform, created to defend legality and fight against corruption in Marbella, has this week issued a harsh statement against the planned new PGOU Urban Plan for the town. They consider the plan to be an amnesty and say they will challenge it legally as soon as it is definitively approved.

They say it is a law to legalise criminal behaviour which in many cases has resulted in prison sentences.

The group considers the payments being demanded to bring property into legality is not proportionate to the damage which has been caused by the illegally built constructions in the town. They also note that none of the 40 points in the plan on construction make any mention on a guaranteed water supply, or whether European norms on money laundering have been broken.

The lawyer Inmaculada Gálvez is a member of the platform, and told El País newspaper that they had invited the European M.P. David Hammerstein to set up a temporary office in Marbella to collect the complaints from those who have been affected by the illegal buildings. The M.E.P. has previously taken part in several initiatives regarding building along the Spanish coastline.

Rafael Ávila, from Ecologistas en Acción, has commented that the proposed PGOU in Marbella is just a series of patches without any legal base, and which fails to propose a model of the town for the future.’

http://www.typicallyspanish.com/news/publish/article_18944.shtml

[katy]

Three ex-councillors entered prison yesterday to serve their sentence. Others expected to arrive over the next few days.

http://www.diariosur.es/

[Anonymous]

@Suzanne wrote:

One for the lawyers… ❓

I’ve read threads on another forum where people state that their LFO will be granted in such-&-such month, 2009 (on a previously illegal property).

I’m wondering if advance notice is given of this ❓ Does this information come into the public domain/lawyers months before?

Thanks 🙂

Dear Suzanne,

As per your PM request we come over to this forum to reply to your thread.

You are probably referring to the provisional approval of Marbella’s Master Urban Plan. Please read our updated blog entry:

Notwithstanding there are still 500 inhabited dwellings on which a general consensus must still be attained. Concretely the majoress referred to Banana Beach, Río Real and La Víbora. The remaining 1,500 uninhabited illegal dwellings could find a public use in the future such as Elder Foster Care.

It is now known that 500 dwelled properties will remain illegal and that a further 1.500 uninhabited properties will remain illegal out of the 18 or 30 thousand that was estimated to be lacking Planning permission for Marbella city alone.

LFO are only granted by Town Halls. Lawyers can more or less speculate with a high degree of certainty on reviewing the provisional New Master Urban Plan which phase or developemnt will be granted a LFO on it’s final approval. IIRC there are 1.200 LFO pending to be handed out in Marbella alone. But the fact is that until it is not approved by the Town Hall it will not be official.

Once Marbella’s New Master Urban Plan is approved developments which lacked LFO or claimed to have them by ASR will now attain it from the Town Hall. That’s probbaly what you’ve read on other forums.

Lawyers or anyone else for that matter may find out if a LFO will be forthcoming or not by a Town Hall. All that must be done is take with you a copy of your Private Purchase Contract and passport and you will be entitled to find out the update on the planning state of your development. You will be requestd to fill in an “instancia” or form (in Spanish of course).

With Kindest Regards

[Anonymous]

Many thanks, Lawbird.

I had read that a certain development in Marbella would have the LFOs in place in March. I hesitate to state which one, in case it is just ‘gossip’, but that is why I wondered about advance notices. Thanks for explaining the process so clearly.

[Anonymous]

Lawbird

a huge THANKS!

info like this, written in a way we can all understand, could be a huge help to anyone going through a Spanish nightmare property situation.

I think many who have fallen foul of ‘agents’ lawyers will be glad to see such straight talking.

well done, and keep up the good work.

[katy]

@katy wrote:

Suzanne, sorry not an answer to your question but wondered if you knew anything about this? This is a footnote in la Tribuna de Marbella after the Paltforma M29 say they will continue to oppose the new plan as it gives no guarantee that owners will not be charged to legalise their property.

A todo esto, se suma la próxima visita del diputado europeo por Los Verdes, David Hammerstein, para solicitar información al Ayuntamiento. El diputado inaugurará una oficina temporal en la que los ciudadanos podrán plantear sus quejas, luego se elevará al Parlamento europeo. El objetivo es elaborar un informe no vinculante que será “un castigo” por “legalizar de facto actividades delictivas que en numerosos casos han resultado en penas de prisión”.

Briefly: A European deputy from the Green Party, David Hammerstein will visit (Marbella) in order to seek more information from the Town Hall. The Deputy will open a temporary office for citizens to present their complaints. He will then take them to the European Parliament.

(Today)

I have heard today that Hammerstein will be arriving in Marbella on Friday. There will be a public meeting at the Rio Verde Centre. Stated that the Mayor of Marbella is boycotting his visit….wonder why 😕

[Anonymous]

‘Following the provisional approval of the new Marbella PGOU the courts have seen a sharp decrease in the number of cases of buyers of illegal properties taking the developers to court to demand their money back. Now the majority of these properties will be made legal by the new urban plan and this has even led to a complete turnaround in the court cases. Some developers are now taking their clients to court to oblige them to fulfil their side of the contract and sign the title deeds for the property they paid a deposit for.

According to a Marbella judge, although many owners no longer have a case against the developers now that the properties will not be illegal, some, due to the economic crisis, are no longer interested in the investment and want to continue with their lawsuit.’

http://www.surinenglish.com/20081211/news/costasol-malaga/provisional-approval-marbella-pgou-200812111741.html

This Judge’s thoughts are very worrying.
My understanding is that the original case should still stand with merit if the developer had breached the Purchase Contract, whether or not the LFO is later approved.

The last paragraph in the quote seems to be applying to those who have already started legal action 😯

[Anonymous]

Green Euro M.P. David Hammerstein, says Marbella town planning scandal will become Europe’s town planning scandal……& that the new PGOU Urban Plan in Marbella breaks four European directives.

It allows for the laundering of money, irregularities in the contraction of public work and fails to meet directives on water use and an environmental study.

The Euro M.P. insists that the new Urban Plan is nothing more than an amnesty for the outrageous town planning that has gone before, something which the PP administration in the town denies.
Hammerstein contends that the new plan wants to legalise the 15 years of theft of public assets, covering up what has happened and taking justice out of the equation, archiving dozens and dozens of court sentences.

http://www.typicallyspanish.com/news/publish/article_19267.shtml

[Author]

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