Town Hall mistake means demolition of apartments and liabilities
March 24th 2011
A high court ruling (Tribunal Superior de Justicia ) requires Xàbia town hall to demolish 42% of an apartment block in Segon Muntañar, which means six of the sixteen apartments. The ruling cannot be appealed and could mean a cost of around €8million to municipal funds to pay for demolition and compensation to people who bought the apartments at around a million apiece.
The problem came to light when people living nearby complained that the new block obstructed their sea view. An investigation revealed that the development had been "overbuilt" i.e. not enough land had been set aside for infrastructure. It turns out that in 2005, the developer had done a deal with the town hall, paying €211 per square metre in lieu of land which had not been set aside as required by law. The deal was passed by a Council meeting at a time when there was no Councillor for urban development because of a motion of censure. However the High Court has ruled that this cash payment is against the General Town Plan and the Valencian Urban Development Law. Also the price paid was arbitrary and the Town Hall is entirely responsible for this "mistake".
From XAD: El ayuntamiento obligado....
Ed's historical note: During the autumn of 2005 a motion of censure was passed against the then PP mayor Moragues in relation to the controversial re-evaluation of property values. This issue, the "Catastrazo", is still outstanding. At the same time the contract agreement for the underground car parks was hurried through.
