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Izquierda Unida alert PP intention to amend the General Plan of Lorca through an act "null and void" (28/10/2016)

The government team takes the plenary reclassification as "non-developable land Unsuitable", the estate 'Casas de Osete', located in the council of La Paca, considered "Urban Land Rural Core", ignoring the legally established administrative procedures, He is according to Gloria Martin

The municipal group United Left-Greens in the city of Lorca has denounced a 'wrongful "act from an administrative point of view," tinker "from a technical point of view and" absolutely unfair "from the social point of view, by the the team Popular Party government seeks to reclassify as "non-developable land Unsuitable", the estate 'Casas de Osete', located in the council of La Paca, considered "urban Land rural settlement" by the PGOM 2005.

Councillor Izquierda Unida, Gloria Martin, has warned that the council would be committing an act "null and void", as pointed out several judgments of various High Courts of Justice, including the Region of Murcia, and by the Supreme Court.

The formula that intends to take the team PP government appeals to a "clerical error" in drafting the General Plan when to apply the procedural mechanism of rectification of material or factual errors, are required to attend very specific circumstances They do not occur in this case.

In that regard, he recalled that raising the PP "is not the rectification of a date, or the name of an owner or an ID number" and that for correction, "a material error does not require a report six pages Service Planning and Management ".

Therefore, he said that the intention of the popular is to fundamentally alter the direction of the General Plan in what has to do with the sale of Osete, whose owners seek to recover for such land classification undeveloped land that had until 2005. "it is not to correct a material error, but to practice a genuine review and modification of soil classification in affecting this farm, to ride roughshod the regulated procedure for amending the General Plan which includes public information and open a deadline for submitting claims "Martin said.

Councilwoman United Left warned the government team which, if undertaken this modification, a precedent will sit for any citizen who wishes to request that the House adequacy, convenience, sorting soil which owns by a 'clean slate "in the General Plan.

On the other hand, Martin expressed surprise because the owners of the Sale of Osete have needed eleven years to realize that his farm was the subject of a "clerical error" in the General Plan.

In this regard he said that the estate was probably acquired with the intention of being developed urbanistically or be sold to other developers.

And it is the same owners who, in 2005, signed with the city of Lorca a development agreement for the development of a residential area in the county council of La Paca.

An agreement that, after being failed because the City did not resolve to tiempolos administrative procedures for execution, was subject to the presentation of an administrative appeal by the promoters, which resulted in an unfavorable judgment for the Consistory and with the return of more than 720,000 euros that had to leave the municipal coffers.

For the mayor of IU, lack of business expectations generated by the fall of brick, has caused some owners have tired of their farms generate certain expenses subject to a certain classification of a soil that has never ceased to be a wasteland , "although they soñasen in time to make the deal of the century based on an activity that, in the end, we all plunged into a deep housing crisis that we are still paying."

Therefore, he said "the Municipal Group of the United Left-Greens will not be complicit in an urbanism to the letter designed to meet the demands of a specific owners" when, in addition, to do so, the Corporation "has to commit acts null of right and ignore the legally established administrative procedures. "

For Martin, the agreement is also "a technique botched" because not contemplate the situation outside management in the buildings contained on a plot measuring less than 20,000 m2 are, in violation of Article 112 of the Land Law Murcia, which requires identifying those situations and set in the Plan, among other things, precise tolerance margins to adjust the scope of this regime incompatible with ordination buildings.

And it is also a "social injustice" because "left in the lurch" hundreds of homeowners whose properties were reclassified without them asking for it, and now have to deal with a receipt of the "exorbitant" contribution.

As an example, he cited the case of a resident of La Paca subsists thanks to family support just over 400 euros and owns a farm family heritage, of 1,216 m2 which has to pay 1,041 euros in tax property.

"A planted olive farm, valued cadastrally at 140,225 euros under an urban reclassification that this owner did not ask, with whom he had never intended to speculate or make the business of your life ... A piece of land inherited from their ancestors now is causing ruin, "said Gloria Martin.

Councillor Izquierda Unida said his training is willing to address the modification of a General Plan calling it "outdated" and that "has always sounded like science fiction" because contemplated a growing population around 400,000 inhabitants ever it has been given, and because "does not meet the needs of the population or economic activity and does not provide solutions to the challenges that arise day after day".

However, established as conditions settle the situation of owners unfairly affected by the reclassification, returning to its original state protected natural areas, and address a fair, rational, sustainable urban planning that considers the rights of individuals against, for example the livestock sector.

Source: IU-verdes Lorca

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