Portal de Murcia
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Micol Angeles Murcia warns that now attend the courts if the City fails to comply "immediately and fully" the report
NOW MURCIA has discovered the existence of a new report from the Autonomous Community definitely tomb 'Fuensanta Plan, "which foresees the construction of 1,300 homes and 5-storey buildings at the foot of the Sanctuary, in the Finca de la Fuensanta.
This controversial development plan already had a report in January 2012, the general director of Territory, in which he warned the City of grave breaches of planning legislation and the General Plan, as well as various technical considerations and mistakes of the plan, therefore he urged the Consistory to revise its own motion and annul the final approval of the Partial Plan ZB-AZ1.2.
Following the request of the CARM, which was made public by the Platform in Defence of Landscape Fuensanta, was given for dead Partial awaiting the City Council fulfilled and annulled Plan, but far from that, it turns out that the answer City Council was trying to justify and overcome the serious flaws, which was answered by a new report from the Autonomous Community on December 4, 2014, which had not transpired so far.
The municipal formation record today a motion that will lead to regular plenary session of September, which requires Ballesta running "immediately and completely" requirement of the Director General of Planning ratifying the illegalities and errors of the Partial Plan ZB-AZ1. 2.
"If the City is still trying to move forward with this partial plan, now Murcia will not hesitate to go to the courts," says Councilwoman Angeles Micol.
In response to that office in January 2012, the City replied on October 3, 2013 with his reports and the promoter of the plan, attempted to justify the irregularities and errors warned.
However, the general director of Planning responded in turn with a damning report on December 4, 2014, in which he warned the Consistory that had not remedied any deficiencies found, contradicting, as indicated technicians Service Urbanism and the Legal Service of the Ministry of Public Works, the following regulations: Regulation of Urban Planning (Royal Decree 2159/1978);
the Land Law of the Region;
Order VIV / 561/2010 on accessibility;
the General Plan of Murcia and its own planning regulations, and legislation protecting cultural heritage, lacking the report of the Directorate General of Cultural Heritage and also a protected building have been demolished.
It noted, finally, that "municipal reports and the response of the promoter does not justify or remedied the shortcomings of the report of the Directorate General of Land and Housing" and the request "to keep checking office and annul reiterated the agreement final approval of the partial plan ".
To all this we must add three more questions: "What the promoters did not specify the owners of the land, which seems to indicate that they are trying to hide who they are principal owners, the Bishopric of Cartagena and the Cathedral Chapter, the Partial plan was approved without public pronouncement by a decision of the competent environmental body on environmental Impact Assessment of the Autonomous Community, although the urban action is placed on area campeo raptors and near the Regional Park Carrascoy and El Valle, and that the report of the CHS for this performance was unfavorable. "
Thus, the CHS pointed unquestionably the non-availability of water for the General Plan Amendment No. 78, which is as initially handled this Partial Plan.
Then, once transformed into a Partial Plan, not even the mandatory and binding report on the availability of water resources to the CHS for the development of the action requested, which means under Article 25 of the Water Act and the abundant jurisprudence of the Supreme Court absolute nullity of all the Partial Plan.
Given all these facts, Micol requires the City "is met once and for all and not give finally dead this plan, failing to try to rectify what is not repairable. The Consistory has the political and moral duty to stop contributing changes to the plan and move to definitely cancel ".
The mayor recalled that these days Ballesta sang the hymn to Murcia, one of whose stanzas says 'for the Virgin Morena made in the Sierra altar'.
"This same saw that the mayor sings with such feeling, wants enladrillar, as already tried to Chamber" says Micol, noting that the area affected by this plan "is the ultimate natural and scenic window linking Mount with la Huerta, so it is vital to protect this backdrop of concrete that the PP wants to build in front of the Shrine ".
The ZB-Az1.2 Partial Plan was one of the latest plans approved under the mandate of the council Berberena, and involved building 1,300 homes and 5-storey buildings at the foot of the Fuensanta Sanctuary, one of the most emblematic places of our mountain.
This urban development was a controversial processing and experienced various vicissitudes over time.
So, at first it was processed as timely amendment No. 78 of the General Plan, without being finally approved, but transformed, through a questionable move, in a partial plan, which did not initial approval was made and at therefore it was not subject to public exposure or notified to the cadastral owners.
This significant lack of transparency led to a helplessness and hindered the right to participation.
The Platform in Defence of Landscape Fuensanta articulated and brought together thirty neighborhood, social, political and environmental groups and spread investigating possible irregularities and defects in the processing of this plan.
Despite all this, the City has continued to date with this development plan, ignoring their complaints and reports from the region.
Source: Ahora Murcia
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