AUAN comment on Meeting with Junta de Andalucia re illegal houses

[JoMo]

Good intentions but where is the detail?
AUAN, 11th September 2008

Members of the AUAN committee, accompanied by their legal and planning representatives, met with the delegate from the Housing Department of Almeria, Sr. Luis Caparros and the head of the department for Inspection of Territorial Planning and Housing from Seville, Sr. Jose Ortiz today to discuss a way forward for the illegal homes of the Almanzora Valley.

During the two hour meeting, the Junta representatives re-iterated their determination to provide a solution to the complex situation of illegal houses within the law and with respect to the rights of the homeowner, regardless of their nationality.

However, other than to confirm that each council has been requested to commence an inventory of the illegal houses in their municipality within the next 2 weeks (under rules relating to breaches of the planning law!), we are disappointed to report that no detailed information on the mechanics of a solution appears to be available at this time.

Our Junta representatives could not tell us how long the study will take to complete, precisely what planning instrument will be used to regularise our homes, who would pay for infrastructure, or how long that regularisation process will take.

On a positive note, the meeting was both constructive and cordial. Sr. Caparros has agreed to meet with us again in October. We look forward at that time to learn more facts about exactly HOW and WHEN Sr. Caparros will achieve his assertion that 95% of our homes will be regularised.

Alas, for today, we looked into the hat but could not find the rabbit.

[JoMo]

Smoke gets in your eyes
AUAN Press Release, 15th September 2008.


With respect to the recent announcement of the inclusion of the Almanzora Valley in the Plan General de Inspección de Andalucia, we believe that the Junta is concerned about the adverse publicity arising from the demolition of the house of Mr & Mrs Prior and the forthcoming Cantoria march, and wanted to make some sort of announcement to try to diffuse the situation, though what was announced is by no means 'regularisation'.


The expressed intentions are good, but we are advised that regularisation is still a long way off, and expressed intentions can always change.


What was announced?
We were told that our inclusion in the Inspection Plan allows the Department of Inspection of Territorial Planning and Housing to initiate a formal inventory of the number of illegal houses in the Almanzora Valley. The activity of inspection is normally that geared towards identifying illegalities and taking coercive measures to restore the planning situation. It is expected that the regulations for the plan which will be used to order this activity will be approved before December.


The Town halls are expected to publish their own municipal inspection plans.


The inventory will be executed by the Town halls, presumably after the municipal inspection plans have been publicised, with the support of the Junta and will consist of aerial maps of the affected areas, an individual photograph of each house and the collation of data about each house (proximity to urban nucleus, availability of services, etc).

Timeline
- We were advised that the some Town Halls would approve their municipal
inspection plans in one to two weeks.
- We were told that the Junta already has some materials (aerial photos) but
detailed work on the ground with respect to each house would have to be
undertaken - "as soon as possible".
- No timeline was available for completion.

What is the Department of Inspection of Territorial Planning and Housing? Headed by Sr. Ortiz, the Department of Inspection of Territorial Planning and Housing is where the "buck stops" in matters of urban discipline. Sr. Ortiz informed us that 30 demolition orders (including the Priors) had been executed in Andalucia as a result of proceedings brought by the department for which he has ultimate responsibility.

An inspection is a study by the urban discipline departments which, by law, have the obligation to:
a. Inform the criminal courts of planning irregularities.
b. Take measures to restore the legality with fines etc.

What do we want?
A. Clarification of the regularisation process with timescales.
We have been told for some time now that houses will be regularised via the town plans or the Subregional Plans. The Sub Regional Plan is nowhere in sight and we have yet to be advised of the legal framework which will make it possible to incorporate 95% of the 5,000 - 6,000 homes within the town plans given the % caps in growth placed on those plans by the LOUA.

B. Interim provision of services to homes without license of first occupation.
Given that the issue of regularisation is complex, with no definitive end date in sight, we made special mention of the provision of services (electricity and water) to the illegal houses. Sr. Caparrós and Ortiz were adamant that it was against the law to provide services to houses without a license of first occupation. We suggested that in that case the law should be adapted to provide a humanitarian solution for this special case, though Sr Caparrós and Ortiz did not think this feasible.
C. A mechanism to prevent demolitions whilst the regularisation process is ongoing
Both Sr. Caparrós and Ortiz stated on numerous occasions that demolition was not an inevitable consequence of illegality. Sr. Caparrós stated that he was confident that 95% of the houses would be regularised. The exceptions would be those properties in ramblas where there was a risk to human life and properties on public rights of way. However, with respect to ongoing proceedings, no guarantees could be given. We believe that further demolitions without compensation will do irreparable damage to an already beleaguered regional economy.
D. Written agreements between Town halls and developers
The regularisation process should include at an early stage, written agreements with Town Halls and developers so that the developers pay for the infrastructure and give up land for services.
E. Written agreements between the Junta the Town halls and the AUAN
To define rights and responsibilities on all sides with respect to the regularisation process.
F. The creation of an Independent Commission
We would like to see the creation of an independent commission (of which the administration and association could be a part), to review the general problems in planning and real estate, and to make recommendations to prevent these problems arising again.