Following a large number of phone calls and emails today, regarding a report that a number of building licences for properties in Los Llanos del Peral had been revoked, and that people were getting concerned that they may be subject to actions against their properties and that a number of expat free papers had contacted me asking for a response, I thought I had better try and check it out with either Candido or Manolo.
I was aware that Candido was in court this week following a case regarding Los Llanos so I started to believe they maybe some truth in this story. But I also had a concern that I may not be able to get hold of him.
I managed to hold of Candido at 4.30pm and he responded in a very happy manner. I thought this was strange if the story is correct. I then asked about the situation regarding any cases involving Los Llanos del Peral. He said that he was as amazed and surprised as anyone else regarding these stories, the first of which was only carried in one online Spanish newspaper yesterday, and others have picked up on it. This referred to a decision taken on 30th April by a court called the TJFS or similar in Granada and that it had ruled some 14 properties building licences had been revoked. In respect of this story Candido stated that no one had heard of any such decision , no councillor, no official, no business and no individual and, in view of that, he suspected it was a made up story to precede his appearance before the Almeria Court today regarding licences for properties in Los Llanos.
I asked how this case had gone and he explained that the judge, after examining the processes applied in this case and the evidence, had ruled that proper due process had not been followed and referred the case back the originating court in Huercal Overa to start the process over again, if their were of a mind to!
So as far as the Town Hall is concerned a) the reported decision from 30th April revoking licences is most likely a false statement to increase the political pressure and affect the 2nd court case and b) the second court case re Los Llanos was found to have not followed due process and has to start all over again (if they want to).
Thanks for all those who attended at the Renfe today for the talk on health and Social Security. I certainly learnt a lot from Anthonios' talk. I will try and cobble together a resume of the facts and clarify things which were raised. I will check with Anthonio before publishing. It is also worth reiterating on here that the process for help and advice for all those wanting assistance or just wanting to query their entitlements will be open to the public in the Town Hall in January. I hope we can be more helpful in answering all your questions or issues.
The WiFi is no fixed.
UPDATE I have been contacted by the AUAN (see comments below) who have forwarded a number of documents which it is thought are genuine and relate to a court case which includes the area of Los Llanos. I have forwarded them directly to Candido and the Town Halls solicitors for their response and will post any further info as soon as I get it.
I was aware that Candido was in court this week following a case regarding Los Llanos so I started to believe they maybe some truth in this story. But I also had a concern that I may not be able to get hold of him.
I managed to hold of Candido at 4.30pm and he responded in a very happy manner. I thought this was strange if the story is correct. I then asked about the situation regarding any cases involving Los Llanos del Peral. He said that he was as amazed and surprised as anyone else regarding these stories, the first of which was only carried in one online Spanish newspaper yesterday, and others have picked up on it. This referred to a decision taken on 30th April by a court called the TJFS or similar in Granada and that it had ruled some 14 properties building licences had been revoked. In respect of this story Candido stated that no one had heard of any such decision , no councillor, no official, no business and no individual and, in view of that, he suspected it was a made up story to precede his appearance before the Almeria Court today regarding licences for properties in Los Llanos.
I asked how this case had gone and he explained that the judge, after examining the processes applied in this case and the evidence, had ruled that proper due process had not been followed and referred the case back the originating court in Huercal Overa to start the process over again, if their were of a mind to!
So as far as the Town Hall is concerned a) the reported decision from 30th April revoking licences is most likely a false statement to increase the political pressure and affect the 2nd court case and b) the second court case re Los Llanos was found to have not followed due process and has to start all over again (if they want to).
Thanks for all those who attended at the Renfe today for the talk on health and Social Security. I certainly learnt a lot from Anthonios' talk. I will try and cobble together a resume of the facts and clarify things which were raised. I will check with Anthonio before publishing. It is also worth reiterating on here that the process for help and advice for all those wanting assistance or just wanting to query their entitlements will be open to the public in the Town Hall in January. I hope we can be more helpful in answering all your questions or issues.
The WiFi is no fixed.
UPDATE I have been contacted by the AUAN (see comments below) who have forwarded a number of documents which it is thought are genuine and relate to a court case which includes the area of Los Llanos. I have forwarded them directly to Candido and the Town Halls solicitors for their response and will post any further info as soon as I get it.
Hi Jim,
ReplyDeleteThe court rulings are sourced from Aranzadi a well respected source of jurisprudence and affiliated with Thompson Reuters. The story has today been carried in La Voz and La Comarca. I will send you copies of all judgements and you can perhaps consult with Candido again.
As you will see, the affected properties are not just Llanos del Peral.... The judgements relate to:
ReplyDeleteConstrucciones Antonio de la Jacinta S.L. also known as New Horizon Villas– 20 houses in Los Carasoles
Promociones y Construcciones Colyar S.L. – 13 houses in El Cemeterio
Hermanos Menos SCA – 4 building licences relating to the construction of 16, 15 ,14 and 46 houses respectively in El Cucador.
Unnamed promoter – licences for the construction of various houses in the Paraje of Los Pinos.
Promociones Inmobiliarias Arboleas SL (PROMAR) also known as Welcome Spanish Home – 9 houses in Los Llanos del Peral.
Welcome Spanish Home also known as Promociones Inmobiliarias Arboleas SL (PROMAR) – 9 houses in Los Llanos del Peral with parcelas 1,2,3,4,10,12,14,16 and 17.
The reason for publication is not only to highlight the totally avoidable and disastrous consequences of the Juntas mindless pursuit of imposing planning regulations but we are also not sure that the home owners were informed by the courts of the existence of such proceedings. If they were not informed, they can appeal. If they were informed and did not take part in the proceedings, they should also take legal advice from an independent lawyer regarding their options. The time limit, I believe is one year from the judgement.
Many thanks for these documents which I have forwarded to the Town Halls' solicitors and Candido for his comments. Certainly regarding your last paragraph he was adamant that no person has been informed of any such judgment. I will post the responses as soon as I get them.
ReplyDeletehttp://www.teleprensa.es/almeria/el-tsja-declara-nula-una-licencia-de-nueve-viviendas-en-zurgena-ocupadas-por-britanicos.html
ReplyDeleteTeleprensa (above) have published the text of one of the judgements. As those who can read Spanish will see, the town hall of Zurgena was represented in this appeal by the lawyer Antonio Segura Asencio and Welcome Spanish Homes was represented by José María Campos Daroca.
The sentence was dictated in May of this year.