The Junta de Extremadura wants to save the Valdecanas luxury residential complex from demolition by order of the Supreme Court. In a legislative initiative accessed by elDiario.es, the government, led by Socialist Guillermo Fernandes Vara, is proposing an amendment to the current Land and Urban Rehabilitation Act, which includes a provision for the complex to be pardoned by a demolition decree. For justice. Isla de Valdecañas is a resort of 185 chalets, with a golf course and piers built on land that is environmentally friendly due to its presence in the Natura 2000 network.
The intention of the executive branch of the Extremadura is for the Regional Assembly to submit to the Congress, the competent chamber, a proposal to change this state regulation. This was offered to the parliamentary groups (PSOE, PP, Ciudadanos and United We Can) at their March 23 meeting. Regional government sources told this newsroom that they are still talking to the parties and have not yet made a decision on formally presenting the initiative. In any case, the intention of Fernandez Vara’s executive is to preserve the Valdecanas complex, despite the court rulings it has been collecting at the request of environmentalists acting against it after 13 years of hard legal struggle.
The modification is based on the proposal agreed by elDiario.es, in one article, in a transitional provision, in two final provisions and one repeal. This is the second transition, which directly relates to “land use and urban transformation, which will be affected by court decisions pending material enforcement.” And its sole purpose is to ‘legitimize’ structures which, at the time the proposed amendment entered into force, ‘were approved in protected areas, in areas within the Natura 2000 network, or in all those where no such action was taken. It is directly prohibited by their special protection legislation. ”
This amendment is included in the first article of the proposed modification and establishes a pre-authorization mechanism that allows the urbanization of rural lands in protected areas.
The government of Extremadura refers in the justification of the reform to “legal security” and “economic and social stability”, as well as “the right to decent housing, adequate public services (eg health and education) and sufficient. Dimensional, the right to socio-economic development, etc. ” That, the document asserts, “can not be delayed without substantiating the definition of norms.”
According to the socialist executive, who is the one who will propose the legislative change, “the interpretation of the land law is postulated”, “which leads to legal insecurity and undesirable effects, as well as deviation from the reference established by environmental regulations.” The explanatory statement continues: “Land owned by the Natura 2000 network may contain large areas of land; It affects a high percentage of the national territory and in many cases covers the entire municipal term. ” He adds: “The clear conclusion that all Red Natura lands should be classified as specially protected undeveloped lands, even low-environmental and high-anthropized land due to its proximity to urban and populated land, means growth restriction. Municipalities whose entire municipal term is included in this network. “
What Fernandes Varas PSOE intends to do with this initiative is for Congress to change the land law so that the state environmental body can decide whether to build in the protected area. The Extremadura statute gives the Assembly the opportunity to request the national government to pass bills or submit bills to the Congress of Deputies.
“The decision of the Constitutional Court, of course, is that nothing can be done under the law of the land of the red nature,” said sources in the Extremadura government, referring to the coup that the junta de Extremadura suffered when the court ruled. The guarantees abolished the legal modification that allowed the construction of this urbanization in 2011.
This legislative change in future projects will serve the entire national territory, but the additional provision will allow retroactively legalize such constructions as declared illegal by the court. “If things can be done in Red Natura because the environmental authority gives them the right, why would not Valdecañas be able to do it?” It matched everything. ” “We have to end depopulation, but if there is nothing we can do, how can we do it?” These sources ask themselves, who believe that there are contacts with the government of Pedro Sanchez to find a solution to the urban situation. Conflict.
Ecologists in Action, the organization that sponsored the lawsuit, described Fernandes Vara’s government’s intentions as “uncertain”. “This is very dangerous because it intends to provide legal coverage for urbanization in the Natura 2000 network, even if it is not development land, which can not be done in Spain now,” Paco Segura told elDiario.es.
The state coordinator of the ecologists recalls that the council “has already changed the law on extremism after the first proposal of the Supreme Court of extremism” and notes that at that time the organization was given a bail of “41 million euros”, which made it impossible. Paralyzing jobs for them. “It was the Constitutional Court that appealed and won,” he said, but it was too late.
Segura shows “very radical opposition” to a legal modification that would open up “the possibility of rural development in the best-preserved land we have” to save Valdecanas, which he considers “very dangerous”. “In a country like Spain, ‘with the urban corruption that existed.’
Environmentalists have no doubt in action that the PSOE, PP and parliamentary groups of the Citizens ‘Assembly will support the change, given the statements they have made in recent years and days, such as the recent statement by the Citizens’ Speaker: I want more Valdecans, let all the rich let me go to Ibiza to spend their bones. ” United we can, says Segura, they were against. The ecologists’ coordinator claims that both the Socialists and the PP and the citizens are attacking their group “without distinction from the Vox”. “They almost qualify us as terrorists to uphold the law. Everyone has restrained themselves,” he said.
The battle dates back to 2007, when junta de Extremadura, led by Juan Carlos Rodriguez Ibarra (PSOE), declared the Isla de Valdecañas a complex of tourism, health, landscape and maritime services of regional interest. Thus, it can reclassify and order protected land and order urbanization construction Marina Isla de Valdecañas, SA.
Environmentalists in Action appealed the decision on which the project was based. And won. Whatever happens, this court victory came in 2011 and he was not firm. There was no way to stop the work. While the magistrates granted the environmentalists’ request for preventive paralysis of the works, they also demanded a bond before the complaint was resolved.
The government of Extremadura, which was then in the hands of Jose Antonio Monago (PP), asked the organization to spend 39 million euros, as the company announced that its economic damage would be up to 175 million. The judges imposed a bail of 41 million euros a year after the sentence, which overturned a regional interest ruling. The island continued as if nothing had happened.
Before the Supreme Magistrates studied the case, the Extremadura Council implemented an amendment to the Autonomous Land Law designed to cover the complex. In fact, this legal adjustment was made 20 days after the first proposal of 2011, which declared the complex beyond the law. Much later, in 2019, the Constitutional Court overturned an amendment designed to save urbanization, but it was too late.
The Supreme Court upheld the verdict in 2014: Isla de Valdecañas was illegal. This did not mean the end of the luxury resort project. The court thunder continued to tangle and the shawls were still standing. Another leap in the years before, in June 2020, the Extremadura High Court of Justice ruled that it would be sufficient to demolish a half-built building, that is, allow it to remain already built due to “material impossibility”. Dumping.bottom.
But Ecologists in Action was not satisfied and this execution order was transferred to the Supreme Court, which agreed with the association and in February 2022 made a decision to demolish the entire complex. The regional government has already said it will appeal the decision to the Constitutional Court, for which it has the support of the PP.
Source: El Diario
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