I had a very lengthy meeting this morning in the TH with members of the council regarding recent publicity regarding a recent decision by the T.S.J. in Granada regarding properties within Zurgena where the process, as applies to the legal standing of property due to administrative silence, has been rescinded.
We discussed in great detail the precedents etc and detail of other councils which had similar situations as Zurgena and who have had their norms accepted and we discussed the strategy our solicitors have adopted going forward. I cannot delve into the detail of the strategy as this would not help our fight but I can tell you that the Town Hall totally disagree with this finding, we have had other cases before the same court, where it has been accepted that the norms applied by the Town Hall and agreed by various architects, have been accepted. The T.H. will continue to finance and work on restoring the legality of these norms and hope to get clarification and a decision soon. There is no reference in these decisions about demolitions as has been bandied about in various articles.
Whilst I was in the TH I discovered that the TH architect was meeting with New Horizon villas to organise the legal hand over of the parcels of land which the TH wants to adopt and develope into green areas in the Cuesta de los Pinos area. So we may see movement on that issue before too long.
We discussed in great detail the precedents etc and detail of other councils which had similar situations as Zurgena and who have had their norms accepted and we discussed the strategy our solicitors have adopted going forward. I cannot delve into the detail of the strategy as this would not help our fight but I can tell you that the Town Hall totally disagree with this finding, we have had other cases before the same court, where it has been accepted that the norms applied by the Town Hall and agreed by various architects, have been accepted. The T.H. will continue to finance and work on restoring the legality of these norms and hope to get clarification and a decision soon. There is no reference in these decisions about demolitions as has been bandied about in various articles.
Whilst I was in the TH I discovered that the TH architect was meeting with New Horizon villas to organise the legal hand over of the parcels of land which the TH wants to adopt and develope into green areas in the Cuesta de los Pinos area. So we may see movement on that issue before too long.
Sorry Jim, I am going to point out a few inaccuracies in the above statement which might confuse those reading it. It wasn't A single decision by the Superior Tribunal of Justice with reference to licences in Zurgena. It was SIX different decisions on various dates between December 2012 and May of this year.
ReplyDeleteDemolition is being spoken about in the press not because the judgements referenced demolition but because case law supports the view that it is the DEFAULT consequence of such rulings. See http://www.cemci.org/revista/numero-4/carga_aj.php?tipo=jurisprudencia&id=08
However, we believe that it is not the INEVITABLE consequence of such ruling if people take sensible actions to protect their interests.
Anyway, I am sure that we can work this all through next week as various lawyers get together to discuss a sensible way forward that does not prejudice the town halls right to defend these cases in the court and equally does not prejudice the home owners interests to protect their homes should things go wrong. The two are not necessarily incompatible, in my view.