Portal de Murcia
www.portaldemurcia.com
Ecologists in Action wishes to thank the Town Planning and Housing to acknowledge publicly the use of "teleportation" by the City of Murcia in comments you wanted to throw balls out against the indisputable consequences of Judgment 91/2011 of TSJM.
Ecologists in Action is pleased that the city of Murcia, through the statements of its Town Planning and Housing, Juan Antonio Bernabe, openly acknowledges performing urban operations involving the assignment ("teleport") of forest soils to developable areas thereby increasing the floor area of ​​these and consequently the advantage of the promoters.
In a clumsy attempt to pull Barnabas councilor balls out, what he has achieved is just the opposite: to recognize that this practice and the organization TSJM complaint makes clear that it is illegal.
Barnabas argued that in another judgment, the 547/2012 of the Court of Justice of Murcia, in its tenth foundation recognizes and states that "forest soils and assignment to urbanized areas do not in any case its urban transformation", but Barnabas forgets that in that case there is no question the assignment of forest soils with specific protection, which is the illegal practice that interests us here, because to spare before the Court of Justice that the PGMO of Murcia in Article 7.2.14 states that in the undeveloped land must differentiate soil Protected NF NF Planning for specific protection, to respond to different object and scheme.
Furthermore, Article 7.11.1 states that in accordance with the provisions of Articles 6.3.2 and 8.1.3.2 c), areas with decalificación code GD-NF1 general systems are deferred reserves in undeveloped land protected by the General Plan , being the lands that have greater potential or environmental value, to be devoted to conservation uses and enjoyment of nature and can be linked to specific sectors through development planning.
Translated, this means that the difference between land protected by the Planning and specific protection, and determined that only protected by the planning can be bind ("teleport"), being off the ground this protection mechanism Specific.
Therefore, not only is false that Murcia is unaffected proper interpretation of Article 65.1 sentence of Regional Land Act has given the TSJM, but also whether a municipality was abundantly clear by his PGMO that can not be done "teleport" to specifically protected floors that is precisely the PGMO of Murcia.
All this means that the City of Murcia could be committing a crime against planning to approve a partial plans buildable exorbitant increase at the expense of those with Specific Protection Forest Soils and the fact that an official or public office consent could constitute trespass.
Source: Ecologistas en Acción
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