PGOU online & Michael Anthony COLLINS

Firstly, as requested by many of you, the provisional PGOU is available to view online through the Town Halls' own website so you can see for your self how your property is shown.

If you go to www.zurgena.es then select from the left hand menu, 'Tablon de Anuncios".
On the next page select the first option 'Audiencia de Informacion Publica." then the sub heading, 'Aprobacion Inicial nuevo PGOU.'
Then 'DOCUMENTO PGOU PRINCIPIODE APROBACION PROVISIONAL MAYO 2014.'
You will then be presented with 16 different PDF files. Each files name identifies the area it covers
eg 0Alf is the first one for La Alfoquia and 0Cacu is Los Carasoles Cucador. 0PA is Palaces etc. So select the one that has a prefix appropriate for your location and then check the display of your property and by reference to the colour codes identify what your land is shown as being for the purposes of the PGOU.

If you have any queries then, if I can help, I will but, if of a technical nature or dispute, then it is better to talk with our Technico Luis. He will be busy but, where possible, will try and see anyone who wishes to discuss his/her issues. I would suggest calling in and if he is not available try and make an appointment.

The meetings on the 15th and 22nd Will not be ones where individual issues can be discussed, the idea of those meetings is to explain to people an overview of the plan and what norms will apply should the PGOU get passed. I am advised they will not wish to take individual property questions as this would take up too much time. Such matters can be dealt with through Luis (architect) in the TH.

I had a lengthy meeting with Luis (the Mayor) and Candido about the PGOU and its progress or otherwise over the next few months. Whilst we have to be careful not to get too carried away we are hopeful. Just as at the meeting in Fines last Monday night then a senior politician visited to explain their support for plans we have to remember that the same happened 5 years ago! The one big difference this time is the law has changed and once we have submitted our PGOU the Junta have to respond within 5 months and we strongly believe that this plan adheres to what they have decreed should be done. There is a lot of politicking to go yet but we are optimistic.

We are also going to try and improve further, the help desk for expats. You may recall that Anthonio has now got a role within the TH to assist expats with any health, social or integration issues. He should be regularly available for anyone with any questions etc. He is, as I have previously said, bilingual, and he knows the Spanish health and social system inside out so can provide help at all levels. If you can use him then please do.

I have been given a quantity of raffle tickets to sell to raise funds for the village band. The prizes are a Plasma TV and a ham. The price of the tickets is €1.50 each and the draw will take place on the 28th June in the Municipal theatre. If you would like to buy some just let me know. I may try to go door to door but I am not good at that sort of thing.

Lastly 2 things for individuals.

1. Does anyone know of a Michael Anthony NICHOLLS. We have some property of his which I am sure he would like to get back. If you do know this chap please get him to get in toiuch.

2. Sharon Denise FERGUSON, ex-owner of a vehicle 3064 BBX this vehicle is attracting an increasing fine as notifications to its owner have failed to reach the individual.
If you know this person please let her know.

As usual any queries or issues please email me or call.

Briefing re the PGOU

For anyone interested in the PGOU the below event will give you an opportunity to discuss the plan.

Both meeting will be bilingual affording you all of an opportunity to understand it.

Full article from Spanish Press for your information.

This is a copy from the Spanish Press of the ruling by the court re Calle Nervion. The point that hits me is the reference to the fact that the ruling took into account the 'good faith' principlke which is a great help for all such cases.

The Court reverses conviction for trespass Candide Trabalon
The sentence, with a dissent, cancels demolition weighing about 12 homes owned by British citizens
Europa Press    [05/06/2014 - 18:32]

 [The Voice]
The Audiencia Provincial de Almería has revoked the sentence of 21 months in prison and nine years of prevarication disqualification imposed by the former mayor and current councilman Zurgena Works, Cándido Trabalon (PA), believing that in the license approval for 12 houses in the hamlet 'The Carasoles' "brokered" report both the architect and the city clerk in which "is not said nothing about the illegality of the works." Judgment, with a dissent, notes that, regardless of "legal treatises" on whether or not the soil is developable, "lack the specific intent" both Trabalon and other councilors of the corporation to issue an "arbitrary decision knowing clearly and glaring form illegality "and stresses that" has not been proved in this case collusion or agreement between them in a preconceived plan to convert agricultural land into developable. " "Do not forget that councilors are professionals who work part-time in the City Council, acting in full accordance with the technical reports and the secretary implied that the requirements were given so that it could approve the building permit application, and wherein the former mayor even knew of a transformer for low tension for several years in the area in which the houses were built on the basis of his work as an electrician, "says the court in the First Section in its resolution, which had access to Europa Press. indicates that these reports were related to municipal planning regulations and Article 45 of the Law on Urban Planning of Andalusia (LOUA) to conclude that the site "was eligible to be considered urban" as being of the water supply and electricity supply in low voltage have road access and be framed in a historical spread but says that "exceeds" their competition by being another jurisdiction to consider whether the license "could be zero or if the requirements of Article 45 of the LOUA occur." La Audiencia Provincial also reverses the conviction for breach of trust planning, according to these arguments, Manuel Tijeras exconcejal Planning and five exediles the corporation zurgenera Aniceto Lopez, Emilia Jimenez, Jose Antonio Ramos, Juan Morales and Josefa Sanchez voted in favor of granting the construction license 'Antonio Jacinta' held in the city in 2005. Magistrate Ana Salmeron pointed them in its judgment of April 2013 as savvy a report issued by the municipal technician Carlos Domingo BF, convicted conformity with that collected " clearly "that the floor was" undeveloped "but pointed to" mendacious way "to meet the requirements of the regional rules in order to build" knowing that later was to participate in the technical direction of the work. " In the If the developer and builder of the work, the administrator of the corporation 'Construcciones SL Jacinta' Antonio LR, and the manager of the construction company 'Procomag SL', Manuel MC, who imposed 21 months in prison and ordered to pay of separate fines 24 months at 50 euros a day as perpetrators of crimes against spatial planning, the Provincial Court also gives absolution. Estima could not know that, even in the case of constructor "having no direct contact with the municipal officers "that the plot on which the houses built had the status of undeveloped land that was granted a construction permit and argues that, in his opinion," there is no conclusive evidence beyond mere suspicion promoter was derived from many years and maintained good relations with the City to ensure that knew the illegality of the license. " "All previously developable land is rustic and municipal license gave the appearance of legality to his intervention," apuntilla. The Provincial Court also revoked in its judgment, no appeal against the demolition order hanging over the houses, in their mostly owned by British citizens resident in the Almanzora and urges the competent administrative authority to assess that purchased homes in "good faith" and recent rules to regulate this type of housing in Andalucia to take steps to restore the planning law. PARTICULAR VOTE The dissenting opinion issued by Judge Juan Antonio Lozano, argues instead that "not irrelevant" the disquisition on Zurgena if applicable in Article 45 of the LOUA and stresses that this is not to convert "developable land in the event of unplanned towns but to define the urban network, beyond which construction is not possible." Indica, "his principal disagreement" that "there is no other reasonable interpretation" and that is "peaceful" that municipal reports "expressly say that the land is not developable" and for granting the license took refuge in two precepts "not intended for the extension of the urban network but to consolidate existing". "With this subterfuge was devised blow as buildable declared the whole land provided that takes place in the vicinity of a preexisting settlement coupled to basic urban services," he adds. concludes, therefore, that the decision of the corporation was "unfair and arbitrary" because "acknowledging the reality of things - undeveloped land - we turn to an unusual and disproportionate legal pirouette for the license was granted" while pointing to the demolition of the house "is compatible with the existence of sales to third parties in good faith, who shall indemnify the authors for any resulting prejudice. " UNDER TWO ACCUSED In the act of judgment, two of the defendants, Carlos Domingo BF and technical director of the play of 12 houses, acknowledged the facts and showed under penalty interested by the prosecutor but the judge agreed to replace the term of imprisonment imposed for twelve months both fines of twelve euros a day. For Carlos Sunday BF author was considered crimes planning, transgression, and negotiations and activities prohibited officials because, once requested the license issued, "knowing that would later participate in the conduct of the work" a report that, despite that he was aware that the ground was undeveloped, said that the plot had all the conditions laid down in LOUA.

Great News Day

As some of you already know the Town Hall have won the case regarding the building licences for Calle Nervion in Los Carasoles.

Not only did they win it, the court has set a precedent, which we all, in the T.H., believe will apply to all outstanding cases and frees Candido and others of charges. The court also ruled that the Junta could not appeal the ruling. The received the news so well that they have all gone off to the pub to celebrate, without me! Maybe we are slowly seeing the end of the problems.

And the news keeps getting better. My wife was released today from Huercal Overa hospital but she requires a small operation to remove some stone like thingies that were discovered in her gall bladder and may well have contributed if not caused the Pancreatitis. Only down side is that she can have no alcohol, no fried foods, no sauces, no fats and lots of other things but small price to pay to get better.

Cheap Trip

The Town Hall has a trip to La Linea de Concepcion on the 2nd June until the 6th June and the cost is only €25 per person. Now that is a bargain!

This is an excellent price for the trip. I am only sorry that I could not give earlier notification but it was only released this afternoon and I have just got home from hospital.

Places are limited but if you are interested in going you need to call into the Town Hall after 10.0am tomorrow to pay the fee and take a copy of your NIE with you. The councillor responsible for this trip is Noelia.

Fines

Just a reminder about the meeting at 7.0pm tomorrow. The AUAN requested that I inform people about this meeting. I was going to go myself but Sue is still in hospital so I will not be going.

Esteban Gonzalez Pons, a senior figure in the Spanish government is coming to Fines on the 5th of May (tomorrow). He will attract a lot of press attention and it is an ideal opportunity for the foreign community to show that we want the planning/housing issues resolved sooner rather than later.

The European Elections are coming (25th May) and foreign residents in and around the Almanzora Valley now have an opportunity to address their concerns about the issue of illegal houses directly to a representative of the highest echelons of the PP party in Spain, standing as number two on the party's list for the EU elections. (see press release below)

We encourage anyone who has an interest in this issue to attend this public meeting and show that foreign residents want the problem of legal uncertainty in the property market to be solved.

To be held at the Salon de Actos' at 7.0pm at the entrance to Fines and the meeting is open to the public.

Help Desk

Well I never. I spend a week at the hospital and this is what happens!!!

The 'Help Desk', whose services are provided on site of theTown Hall, offers the British the possibility of managing all kinds of procedures that are usually done at the Consistorio though with the ability to use their native language for assistance or convey their suggestions, questions or problems. The desk has been promoted by the Department of Social Welfare, Health and Education in collaboration with the British Senior Community, headed by councillor Jim Simpson.
Among the steps that have been made during the few days it has been running it has has assisted citizens in both languages in matters such as getting registered on the Social Security system, the medical register or in helping bereaved families of British origin. "Implementing a 'Help Desk' was essential to further integrate the British community in our town and to assist in troubleshooting and procedures that are sometimes so complex that one could only solve them receiving the aid in their native language, "said Ana Gonzalez, councilor responsible for Social Welfare, Health and Education.
This initiative is in addition to other initiatives promoted by the Town Hall such as informative talks on the Spanish health services for British residents in Spain or the Days of the Third Age, whose activities were held in Castilian and English. For zurgenero mayor, Luis Diaz, any "Citizen of Zurgena , regardless of their nationality, has the right to receive all necessary information and assistance from the City Council," so he has invited "all who need it" to seize "the advice and services provided by the 'Help Desk'.
In the municipality of Zurgena there is an established population of approximately 1,300 residents of British origin, so the creation of the 'Help Desk' is a major step forward in assistance from the Town Hall, and it is hoped it reaches the population as quickly and efficiently as possible. Opening hours are Monday to Friday from 9am to 2pm.

This was posted on the TH page today.

Unfortunately Sue is being kept in hospital until at least Monday of next week. Sorry normal service will be resumed, some time next week hopefully!