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The Junta De Andalucia have at last shown their cards!!
Not good for property Purchasers but good for the future of Andalucia!
ORDENACION DEL TERRITORIO
El Parlamento andaluz aprueba una resolución que echa por tierra
más a de la mitad de los PGOU de la provinciaGolpe de mano de laAdministración andaluza a las previsiones de crecimiento urbanístico de la región: la pasada semana, el Parlamento de Andalucía aprobó una resolución que permitirá a la Junta poner limites a los desaforados incrementos residenciales que planean los ayuntamientos de la Comunidad, entre ellos algunos de los 102 municipios almerienses.
El crecimiento de población previsto en los planes generales de ordenación urbana (PGOU) no podrá superar el 30% de la población actual en los próximos ocho años, ni tampoco podrá calificarse como urbanizable más del 40% del terreno urbano ya existente. Los planes que incumplan estos limites serán rechazados por la Comisión Provincial de Urbanismo y Ordenación del Territorio: así de claro.
Según los cálculos de la Consejeria, esta nueva e inesperada resolución pone en cuarentena más de la mitad de los planes urbanísticos aún en tramitación en la provincia, al menos como han sido formulados hasta ahora.
Hay municipios como Vera, Cuevas del Almanzora, Albox, Antas o Zurgena que habían planteado, al menos inicialmente, la dotación de suelo suficiente para construir viviendas que duplicaban y más que
triplicaban su población actual.En el caso Vera se programó suelo para una población potencial de
300.000 habitantes, contando con un núcleo de 10.000 residentes en la 3ctualidad. Con la aplicación estricta de la resolución del Parlamento, que ha entrado esta semana en vigor, Vera sólo estará autorizada para dar licencias a una población de 13.000 habitantes. Esta misma regla de tres se puede empezar a aplicar ya con el resto de municipios.Otro caso paradigmático es el de María, cuyo plan urbanístico prevé una urbanización para 5.000 habitantes, sumados a los 1.500 actuaes. Esta previsión quedará ya en un mero sueño. Al igual que la de otros pueblos como Los Gallardos, Terque, Roquetas o la propia Almería capital, que pueden servir de ejemplos. Esta última no podrá construir casas para más de 60.000 nuevos residentes: los planes de expansión de Megino se vienen con ello abajo y podría suponer un vuelco para los nuevos proyectos residenciales de la Vega de Allá. Roquetas preveía también la construcción de 100.000 nuevas viviendas, que ya no pasarán con total seguridad el filtro de la Consejería de Obras Públicas.
En la actualidad, más de noven ta corporaciones almerienses han
iniciado sus expedientes de redacción del PGOU, según datos de la propia Delegación de Obras Públicas, La función de los planes generales es la de ordenar la totalidad del suelo del término municipal y organizar la gestión de su ejecución, de acuerdo con las características del municipio.
Hasta ahora, ningún edil almeriense ha querido pronunciarse sobre la resoluciór recién homeada en el Parlamento andaluz, aunque reconocen que será un vuelco para los planes aprobados inicialmente.Ley de Gestión Integrada
El uno de enero de 2007, todos los municipios almerienses deberían tener aprobados sus planes generales de ordenación urbana, el traje con el que se vestirán durante la actual y próxima década, que en vez de ser a medida, laJunta plantea ahora que sea de confección y con unos parámetros de crecimiento poblacional bien definidos. El Parlamento andaluz comenzará a tramitar la próxima semana la Ley de Gestión Integrada de Calidad Ambiental, una norma que establece el carácter vinculante de la evaluación de impacto ambiental de cualquier plan urbanístico, a cargo de la Consejería de Medio Ambiente.
La nueva Ley establece que todos los proyectos urbanísticos están condicionados a que tengan garantizada la aportación de agua y que sea compatible con la sostenibilidad de los recursos hídricos que abastecen a las poblaciones afectados.
Las Confederaciones Hidrográficos tienen ya competencias para echar para atrás proyectos urbanos.
Lo paradójico es que toda esta nueva normativa llega con los planes urbanísticos ya en tramitación y con la fecha tope de 2007 a la vuelta de la esquina.La Fiscalía anuncia demoliciones
La nueva Fiscalía de Medio Ambiente y Urbanismo, dirigida por Antonio Vercher, ha anunciado la demolición de viviendas ilegal, según establece el Código Penal. En España hay, según el Fiscal, una 100.000 viviendas ilegales construidas. bajo un permiso municipal que no se ajusta a Ley o sin licencia. La Fiscalía de Medio Ambiente en Almería ha solicitado a los juzgados de Huércal Overa, Purchena y Vera que tome daclaración
como imputados a varios alcaIdes por conceder licencias en suelos nourbanizables.La Guardia Civil se refuerza con agentes
La Guardia Civil tiene a punto un plan para crear equipos especialistas en la lucha contra los delitos y la corrupción urbanística. Pondrá a trabajar a 200 nuevos agentes a partir de comienzos de años, que empezarán su labor en Madrid, Málaga, Murcia y previsiblemente el Levante de la provincia de Almería. Cada una de las 54 comandancias contará al menos con tres agentes para investigar y luchar contra los delitos urbanísticos.
Los procedimientos penales abiertos en Almería por causas urbanísticas superan los doscientos casos, de ellos, una parte se han incoado trasinspeéción ocular del Seprona y por la Policía Autonómica.Fuente: Suplemento Almería Económica La Voz de Almeria 4-11-06
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Roughly Translated version of this NEW LAW!
ARRANGEMENT Of the TERRITORY the Parliament Andalusian approves a resolution that ruins more to of half of the PGOU of the province Nigh raid of laAdministración Andalusian to the forecasts of city-planning growth of the region: the last week, the Parliament of Andalusia approved a resolution that will allow the Meeting to put you limit the riotous residential increases that plan the city councils of the Community, among them some of the 102 Almeri’a municipalities. The growth of population anticipated in the general plans of urban arrangement (PGOU) will not be able to surpass 30% of the present population in next the eight years, neither will be able either to be described like urbanizeable more as 40% of the urban or existing land. The plans that fail to fulfill these you limit will be rejected by the Provincial Commission of Urbanism and Arrangement of the Territory: that clear. According to the calculations of the Consejeria, this new and unexpected resolution puts in group of forty more than half of the city-planning plans still in transaction in the province, at least since they have been formulated until now. There are municipalities like Side, Caves of the Almanzora, Albox, Antas or Zurgena that had raised, at least initially, the ground dowry sufficient to construct houses that they duplicated and more than tripled their present population. In the case Side ground for a potential population of 300,000 inhabitants was programmed, counting on a nucleus of 10,000 residents in the 3ctualidad. With the strict application of the resolution of the Parliament, that has taken this week effect, Side will only be authorized to give licenses to a population of 13,000 inhabitants. This same rule of three can be begun to apply already with the rest of municipalities. Another paradigmático case is the one of Maria, whose city-planning plan anticipates an urbanization for 5,000 inhabitants, added to the 1,500 actuaes. This forecast will be already in a mere dream. Like the one of other towns like the Striking ones, Terque, Roquetas or own capital Almeria, that can serve as examples. This last one will not be able to construct houses for more than 60,000 new residents: the plans of expansion of Megino come down with it and could suppose an upset for the new residential projects of the Fertile valley of There. Roquetas also anticipated the construction of 100,000 new houses, that no longer will pass with total security the filter of the Council of Public Works. At the present time, more of Almeri’a corporations novate ta have initiated their writing files of the PGOU, according to data of the own Public Work Delegation, the function of the general plans is the one to order the totality of the ground of the municipal term and to organize the management of their execution, in agreement with the characteristics of the municipality. Until now, no Almeri’a edile has wanted to pronounce itself on resoluciór just homeada in the Parliament Andalusian, although they recognize that it will be an upset for the plans approved initially. Law of Integrated Management The one of January of 2007, all the Almeri’a municipalities must have approved their plans general of urban arrangement, the suit in which they will get dressed during the present one and next decade, that instead of being to size, laJunta raises now that it is of preparation and with parameters of defined population growth good. The Parliament Andalusian will begin to transact the next week the Law of Integrated Management of Environmental Quality, a norm that establishes the binding character of the evaluation of environmental impact of any city-planning plan, in charge of the Council of Medio.ambiente. The new Law establishes that all the city-planning projects are conditional to that they have guaranteed the water contribution and that is compatible with the sustainability of the hydric resources that supply to the affected populations. The Hydrographic Confederations have competitions already to throw back for urban projects. The paradoxical thing is that all this new norm already arrives with the city-planning plans in transaction and with the date top from 2007 around the corner. The Office of the public prosecutor announces demolitions The new Office of the public prosecutor of Medio.ambiente and Urbanismo, directed by Antonio Vercher, has announced the illegal demolition of houses, according to establishes the Penal Code. In Spain it has, according to the Public prosecutor, one 100,000 constructed illegal houses under a municipal permission that does not adjust to Law or without license. The Office of the public prosecutor of Medio.ambiente in Almeria has asked for the courts of Huércal Overa, Purchena and Vera that daclaración takes like imputed to several alcaIdes to grant nourbanizables ground licenses. The Civil Guard reinforces itself with agents The Civil Guard has to point a plan to create specialistic equipment in the fight against the crimes and the city-planning corruption. He will put to work to 200 new agents from beginnings of years, that will begin their work in Madrid, Malaga, Murcia and foreseeably Levante of the province of Almeria. Each one of the 54 commands will have three agents at least to investigate and to fight against the city-planning crimes. The opened penal procedures in Almeria by city-planning causes surpass the two hundred cases, of them, a part has incoado ocular trasinspeéción of the Seprona and by the Autonomic Police. Source: Economic Almeria supplement the Voice of Almeria 4-11-06
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I` understand it to be law. But I personally am only going by what I have read.
At the moment there is a great deal of confusion in the translation of this document and generalisation on some forums . A few developments in Almeria have been highlighted in the press and it is now spilling over into other areas causing great concern.
Perhaps we should just wait until the various Spanish Government officials make their decisions public. -
Hi,
Looks like a LAW to me!
The Andalusian Parliament will begin to transact next week the Law of Integrated Management of Environmental Quality, a norm that establishes the binding character of the evaluation of environmental impact of any city-planning plan
From what I can understand from this, all Town Councils have got to submit by the 1st January 2007 a new plan based on a 40% increase of Urban span over and above the “OLD” plan. This 40% will be the maximum expansion of the Urban area for the next 8 years.
Also, the population will be allowed to expand 30% above the “Official” area’s population (Probably figures taken from the Pardron) over the next 8 years. For the district of Zurgena with 2000 actual residents, this means an increase in population by 600 in 8 years! (2000 x 30%=600)
Therefore, the thousands of properties that have been built will either be OUT OF the 40% expansion area in which case they will be illegal, and because the population expansion is limited, then half of the LEGAL new dwellings that fall within the 40% urban expansion limit could be empty for 8 years!!
Because it looks as if this NEW LAW will be backdated to the last PGOU figures, there will be thousands of illegal or empty properties!
The Junta have given the Town Councils the “Right To Choose” what areas they want to include as part of their 40% expansion. They have issued the building licences, now they have got to choose who they are going to upset by exclusion!!! Now that will be interesting, maybe the biggest envelope gets to stay!! 😉
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ORDENACION DEL TERRITORIO
El Parlamento andaluz aprueba una resolución que echa por tierra
más a de la mitad de los PGOU de la provincia.I’m sorry, but your post says resolution. I can’t find Ley (Law) mentioned anywhere in it. What has ‘The law of Integrated Management of Environmental Quality’ got to do with the original post?
The Junta have given the Town Councils the “Right To Choose” what areas they want to include as part of their 40% expansion.
Where can I read about this decision?
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Hi AAA,
Your right, Not mentioned in the first paragraph specifically, BUT, still looks like a LAW to me!!
http://noticias.juridicas.com/base_datos/CCAA/an-l7-2002.html
Ley 7/2002, de 17 de diciembre, de Ordenación Urbanística de Andalucía
With regards to choice, the Town Councils must submit their NEW revised plans based on the new rules. They can choose to submit any area which is within the 40% expansion limit, whether the junta De Andalucia accepts their submission is another factor! Therefore, I feel they will submit a revised plan based on 40% expansion of Suelo Urbano based on Article 45 to ensure it is accepted. That is THEIR CHOICE!!
Hope this assists you in understanding the article!
And if I’m wrong, well, you can knock me down with a wet Kipper!!! 😀
Regards
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Hi Sandy
I’m getting lost here 😆
From what I can make out there is a recent resolution stating the 30% on population and the 40% on land; and there is a Law dated 17th December 2002. My question is, how are the two connected? I have read through the Law and can find no mention of the 30% or 40%.
AAA
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The following concerns my understanding of the legal meaning of the term “resolution”.
A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. Long or important motions, though, are normally written out so that discussion is easier or so that it can be distributed outside of the body after its adoption. This is especially useful in the case of say, a board of directors of a corporation, which needs to give its consent to real estate purchases or sales by the corporation. Such a resolution, when certified by the corporation’s secretary, gives assurance to the other side of the transaction that the sale was properly authorised.
In a house of legislature, such as the Andalucian Parliament, the term resolution refers to measures that do not become laws but can be Articles within a law. This is used to differentiate those measures from a bill, which is also a resolution in the technical sense. The resolution is often used to express the body’s approval or disapproval of something which they cannot otherwise vote on, due to the matter being handled by another jurisdiction, or being protected by a constitution. An example would be a resolution of support for a nation’s troops in battle, which carries no legal weight, but is adopted for moral support.
However, a legislature also uses resolutions to exercise one of its powers that isn’t a lawmaking power. For example, a countries Parliament declares war or proposes constitutional amendments by adopting a joint resolution. A house of a legislature can also use a resolution to exercise its specific powers, as the British House of Commons does to elect its Speaker.
Therefore, a resolution has the power of law, can be an article within a law, without being an actual law!
The reason you cannot see it is because it was only voted on, and passed last week and therefore not written in yet!
This is my understanding, if anyone else has any other view then, please add it, I am only a mere mortal, possibly about to lose his home!! 🙁
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The resolution is often used to express the body’s approval or disapproval of something which they cannot otherwise vote on, due to the matter being handled by another jurisdiction, or being protected by a constitution.
I should think that the above is probably the case. Let’s hope that it’s like an U.N. Resolution – all bark and no bite 😆
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ok,the way i have read the news about the new antas pgou is that antas tried to get 32,000000 m2 of land reclasified,but the junta told them to cut it back by 70%,which i understand has now been done and passed the second stage of planning.
but what i would loke to know is when are these pgou,s going to become definitve???does anybody know….regards…
tranquila
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Hi,
My understanding is that revised plans have to be submitted to the Junta by January 2007 for approval. How long the approval takes is another matter, I suppose it depends on how much of a revision has taken place.
What is astonishing is that developers continue to build, even though the land they build on is in dispute!
I would imagine they hope to get another unsuspecting client to take a purchase contract!
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BATTLE FOR ALMERÍA
Junta and businessmen at loggerheads over future development
BUSINESSMEN HAVE THIS WEEK RALLIED AGAINST THE JUNTA’S NEW LAND PLANS, WARNING THAT THEY COULD DESTROY THOUSANDS OF JOBS AND SERIOUSLY DAMAGE THE LOCAL ECONOMY.
The POTA (Plan de Ordenación del Territorio de Andalucía) is the Junta’s plan to regulate land use.
It proposes to limit development in Almería to no more than 40 per cent of the land currently earmarked for urban development and to limit population growth to no more than 30 per cent over the next eight years.
Town plans will be subject to its regulations.
According to a study from Almería’s Chamber of Commerce, the plan could have ‘grave economic and social consequences’ and reduce Almería’s GDP by eight per cent.
The President of the Association, Diego Martínez Cano, said the Junta’s intention to reduce urban development would cause the worst crisis in Almería’s history.
The report said more than 18,000 jobs could be lost in the province if the POTA went ahead, most of which would be in the building trade and related services.
According to a report by Promotur, an association of developers specialising in tourism, the Junta plans to drastically reduce the number of new builds in every municipality.
Every town would be affected, said the report.
Mojácar would be limited to 76 new builds a year, or 609 over eight years.
The town of Albox, currently the centre of a bitter dispute affecting Britons who bought thousands of illegal villas, could see the number of new builds reduced to 141 per year. Antas would be reduced to 40 properties a year, Turre and Los Gallardos to 36, Arboleas to 35 and Zurgena – whose council is currently the subject of a judicial investigation over illegal builds – down to no more than 29.
Miguel Uribe, the President of ASEMPAL, an association representing Almería businessmen, joined in the criticism and revealed that 6,000 written complaints had already been filed in opposition to the plan.
He claimed that businessmen were not in favour of wild speculation, but accused the Junta of going too far and called on the regional government to do a U-turn.
The Junta, however, dismissed Promotur’s report as scaremongering and accused many developers of being nothing more than irresponsible speculators.
The regional government’s public works adviser, Concepción Gutiérrez, who this week also reaffirmed the Junta’s policy to demolish all of Almería’s illegal builds, stressed that a cap on building was needed in order to introduce the necessary infrastructure and services.
She complained that not enough had been done to help young people get on the property ladder and stressed that it was the Junta’s intention to include ‘Viviendas de Protección Official’ in all the town plans.
VPOs are dwellings which have been part-subsidised by the Junta and whose cost is regulated by the authorities, but they are also anathema to developers who view them as a threat to the more lucrative sector of the property market – namely the sale of country villas to expats.
The spokesman for environmental pressure group Ecologistas en Acción, Paco Toledano, welcomed the Junta’s stance and dismissed the reaction of developers as alarmist. Speaking to Costa Almería News he said: “Speculation has only benefited those who control the building trade.
“Almería needs to grow in an orderly manner and not with overcrowding, which really threatens everyone’s future.”
A Spanish media source speaking to Costa Almería News said he believed the POTA had little chance of being approved as it stood, and could end up being modified to take into account developers’ concerns.
But the Junta’s tough stance could be seen as evidence that it is trying to force councils to forget any ambitious plans for expansion and to turn to it for help in drafting their Town Plans (PGOU) by early next year.
The regional government has yet to approve almost all of the town plans for Almería’s 102 local councils.
The crisis has also taken on a wider dimension with the involvement of the United Nations.
UN envoy Miloon Kothari arrived in Almería last week as part of a whirlwind tour of Spain to alert the government over the need to change the tax system which gave developers unfair incentives.
Mr Kothari claimed that developers were in effect being subsidised with public money and called on the government to introduce radical reforms to the real estate sector.
By Richard Torné
Costa Almería NewsWhen will developers learn that the Law is the Law, and they don’t make it!! 🙄
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@Sandy wrote:
BATTLE FOR ALMERÍA
A Spanish media source speaking to Costa Almería News said he believed the POTA had little chance of being approved as it stood, and could end up being modified to take into account developers’ concerns.
Sandy. Surely this indicates that it is not yet a Law?
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yes lets hope its soon….
what i find difficult to under stand is that the junta gave these town halls directives and told them to revise there plans, therefore once this has been done in any normal country that would be that and the plans passed,
but oh no here they need years and years to decide what has already been decided,
the antas pgou was to become definitve in march,the junta told them to change it..they did ,it passed the second stage of planning again on august the 31st,it was then on public display for one month and then sent to the department of works and transport for definitive approval..and i am still waiting,4 years after being told my land was in the new town plan i am still waiting slowly going skint and i am now just hoping and praying iam comming to the end of my nightmare,
i would have thought that they have to be made definitive before the elections for the new mayor early next year….well i hope so…
although i was told they have to be passed before january,but now iam not sure…..regards…
tranquila : 😥
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The City council reduces in a 80 percent the urbanizable surface of the General Plan12:50: the 05 – 02/09/2006 Vocento VMT – PGOU leave again to public exhibition after improving the initial project
Labels:pgouurbanismoconstruccionThe City council of Antas has reduced the initial forecasts in which to urbanizable ground it talks about contained in the General Plan of Ordenación Urbana (PGOU) and has reduced in a 80 percent the surface destined to this aim.
Thus the mayoress confirmed yesterday, Ana Garci’a, after announcing that the local Plenary session approved in the celebrated session Thursday with the votes of the PSOE “to remove to public exhibition for the second time the PGOU”, after introducing a series of corrections that have improved the initial project.
The conducted changes are a consequence, among other things, of the necessary adaptation of the local city-planning forecasts to the exigencies that take shelter in the laws of regional scope.
The mayoress knows clearly that the improvements introduced in the PGOU on the part of the City council “are in the line to defend that the population centers of our municipality, like Antas, Aljariz or the Real one, have a ordered city-planning growth”.
Ana Garci’a trusts that the renewed plan “satisfies to all and comes out ahead, because it is an instrument essential to suitably plan our territory in the next years”.
Regidora has indicated that, once made this approval in the Plenary session, when is published in the Government reporter of the Province and it communicates to the neighbors through a Side, a term of a month will be opened to present/display the allegations that are considered opportune. Finally, once completed all the administrative process that entails its transaction, it will have to count on the approval of the technicians of the Council of Public Works and Transports, which will have to clear the way for its definitive approval.
Improvement of the project
The City council is taking in this sense the necessary steps so that it is possible to be applied as soon as possible. The last time that approached east project in the local Plenary session was the past month of April. Then the municipal representatives unanimously approved provisionally to ask for to the Council of Public Works and Transports the retirement of this project, approved, to consider the propose improvements by Highways and the Water Police station.
This plan has not pleased much, mainly, to groups like Ecologists in Action, who have rejected it from a principle when considering that he anticipated the construction of thousands of houses and numerous golf courses. The mayoress made clear at the beginning of year that “that one or two can go fields, but more, surely than” and did not deny that thousands of houses went to be constructed.regards….
tranquila
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Hi,
I’m new to this forum and may well have missed something – apologies for not getting here sooner.With all the illegal building problems which seem to be affecting nearly all regions of Spain I am worried.
I have bought an off-plan apartment in Almerimar, Porto Fino, and do not know if Almerimar will be, or has been affected, by these problems. Am I to understand that the Junta may order demolition of these apartments before they are completed?Does anyone have any information related to Almerimar? If so I would greatly appreciate a ‘heads up’ (just stealing some boardroom jargon) on this.
Thanks
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