The soil in question was already industrial, with companies settled, and the timely modification does not imply any increase of edificabilidad
Legal services prepare an appeal in Cassation before the Supreme Court
Regarding the ruling of the TSJ in relation to a timely amendment of General Plan No. 87 at UA-578 in El Raal, the Councilor for Town Planning, Environment and Huerta wants to specify the following:
The change does not affect the use of the land, which was already industrial and where there were already established companies.
There is no reclassification of non-buildable land.
The approval sought to integrate a small portion of soil into urban land
The PGOU is not questioned, since it was already industrial land, and the modification does not increase the volume of edificabilidad allowed
The TSJ ruling recognizes that it has not affected elements that make up the general and organic structure of the territory, nor does it change the overall use of the soil, nor its intensity, and, for this reason, is non-structural in nature
Huermur and Now Murcia confuse when they affirm that it annuls a modification that 'allowed the expansion of big ships'.
The management of the PGOU is in force.
The TSJ ruling dismisses Huermur's reason in 9 of 10 arguments on which his appeal is based.
Concerning the reports of the CHS, the municipal technical services understand that it was not necessary to request them since no alteration of the building and the use of the soil, nor will there be new water demands with respect to those contemplated when the PGOU was approved (with the mandatory reports ) And also does not affect the hydraulic public domain.
The Legal Services will appeal to the Supreme Court this discrepancy of criteria
Finally, apart from technical and legal criteria, Navarro lamented that Huermur-Now Murcia 'pretend to deceive with an alleged defense of the heritage of our garden, when what they do is to attack the generation of jobs and the creation of companies' .
He also invited both formations so similar that one of the two councilors of Now Murcia could not participate in the vote on this point in the Plenary - to explain to Murcia that 'most of their arguments are repeatedly rejected by the judges, although That does not interest them '.
Source: PP Murcia