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UCAM appeal on judicial resolution (23/09/2019)

In view of the Resolution issued by the Court of Instruction number 5 of Murcia, in which it is affirmed that the actions taken "indicate the possible commission ... of a crime against the Planning of the Territory", this institution reports that it will to resort to said Resolution based on the forceful legal arguments that it has been repeatedly presenting, at the same time as it can only make the following considerations:

The legalization of these removable pavilions (dedicated to classrooms and other university services), in the type of land on which they sit (not developable without protection) is perfectly regulated by law. Proof of this is that the granting of authorizations as requested by UCAM it is a usual administrative practice, this institution being aware of the concession of dozens of them to buildings on the same type of land, even lacking the activity and the person who gives it the consideration of public interest.

The UCAM, on the other hand, does have it, given that the Higher Education activity is legally considered as such, and because its holder, the San Antonio University Foundation, is declared of public interest by Ministerial Order.

In 2011, the regional administration gave the UCAM an authorization as requested for these pavilions, in the same area and on the same type of soil, and was motivated by not having another in which to deploy its activity and assume its growth .

This situation persists today, since although this University has completed the urban process of its northern zone, with all legal authorizations and a million-dollar investment, the administration now prevents it from building in it to establish its growth there.

The land on which are the prefabricated for which authorization is requested, owned by the UCAM in its southern zone, is regulated by the PGMO of Murcia as undeveloped without protection, neither general nor special, nor municipal nor autonomous or state.

And on the specific portion of the application, it expressly allows the implementation of teaching activities, as requested.

Therefore, the authorization is appropriate according to the Law of Land Management and Urban Planning of Murcia, and the General Plan of the city itself.

For this reason, the City Council, after verifying that the current technical-urban planning parameters are met, confirming the concurrence of the requirements required for the facilities to be authorized, elevated the file to the Autonomous Community, so that, in a second phase , verify that there is public interest, which is obvious for the reasons stated.

However, CARM is delaying the processing of the file, causing the current situation.

Finally, add that in the same way interpreted by this part but obviously not with respect to the UCAM- has pronounced the current Superior Prosecutor of the Prosecutor of the Superior Court of Justice of Murcia, as Francisco Rodríguez reproduces in the book 'Urban Crimes' .

We must also draw attention to a particularly striking fact, such as the fact that the recognition of public interest is stubbornly denied to an entity that has declared such a character when, having examined the list of companies and activities that have been recognized that condition, we find companies dedicated to activities as disparate as the one that appears in the list of activities of the year 2015, which consists in the "legalization and expansion of pig farming in camping system", which means recognizing that interest precisely to the type of livestock operation more polluting that exists.

Source: UCAM

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UNE-EN ISO 9001:2000 - ER-0131/2006 Región de Murcia
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