The High Court of Justice of Andalusia has given the Carboneras City Council (Almeria) five days to provide a series of “clarifications” on the classification of the land in El Algarrobico, where the Azata del Sol hotel is located, as well as the area of El Canillar after providing new documents based on the request made last July to prove that the land is listed as “undevelopable”.
In a new ruling, consulted by Europa Press, the Contentious-Administrative Chamber of Granada finally considers that the request addressed to the Consistory of Coal has been satisfied, considering that at the beginning it sent him “incomplete” documentation, so that his continued requests have still not been “duly complied with”, for which he even warned him to go to the Public Prosecutor’s Office in the event of possible “disobedience”, and went so far as to warn him on several occasions by imposing a fine on him. former councilor José Luis Amérigo (PSOE).
Thus, after exploring the documents that the City Council, now headed by Salvador Hernández (Ciudadanos) with the support of Amérigo, sent him during the month of August as well as the rest of the files initially sent, the reporting magistrate María del Mar Jiménez chose to request very specific clarifications, although he considers that this condition has been met.
The judge wants to know why the ST-2 sector corresponding to El Canillar still appears as “current developable land” in the subsection on uses, densities and overall buildability of the current PGOU, already modified and rectified, in one of the articles of Chapter II of the Carboneras planning.
Likewise, he does not appreciate that there is a modification and rectification in relation to the annex to the Urban Planning Standards of the General Urban Plan of Carboneras, referring to the article on the uses of the land in question.
Environmentalists say this is not enough.
The court also agreed to open a process of allegations so that the other parties to the proceedings, promoted by the groups Greenpeace, Ecologistas en Acción and Salvemos Mojácar, indicate what they consider appropriate regarding compliance with the decision that requires the PGOU to be varied so that El Algarrobico is listed as “undevelopable land” and “specially protected”.
In this sense, Greenpeace has rejected the action taken by the Carboneras City Council (Almeria) to certify that the soils of the El Algarrobico area serve to comply with the sentence that requires restoring its environmental protection, since in the area itself, the documentation was sent to the TSJA by the Consistory, the land is still listed as “developable”.
For the conservation organization, the action carried out by the Carboneras City Council through the certifications sent to the High Court of Andalusia this summer does not represent compliance with the decision to modify the PGOU and return the classification of the soils to their original state.
“The only thing that the Carboneras City Council did was to write the reference of the sentence, but it did nothing else,” Greenpeace points out in its letter, consulted by Europa Press, in which it responds to the ruling of the TSJA in which it calls on the parties to decide on the question of whether the city council has executed the decision.
Sentence transferred to the technical documents of the PGOU
Let us recall that the municipal council chose to send the documents with which it considers that it would certify that compliance with the order requiring the registration of the land in sectors ST-1 and ST-2 as non-developable without it being necessary to convene a plenary session was held during which an express agreement was adopted to modify the schedule.
Thus, he alleged that the content of the sentence was transferred to the “technical documents” of his PGOU, since it is also “registered and with an accessory diligence of annotation” in the registry of the Junta de Andalucía, which, according to him, allows to “certify” the situation of the soils and thus comply with the judicial mandate.
It should be recalled that the plenary session in which the agreement to modify the urban planning by classifying the land as “undevelopable” was adopted during the previous term, was declared null and void by the High Court of Justice of Andalusia itself, which concluded that, as has been said, “violates” in a “significant and substantial” way the meaning of the sentence to which it had to comply.
