Guys,
Below is the translation I promised of the website from my wife. She's worked hard on this but I am not sure what it's value is as it seems that the developers have their bases covered:
SCHEDULED FOR TOMORROW:
THE DECLARATION OF THE MAYOR OF ATARFE (GRANADA), CHARGED WITH ADMINISTRATIVE CORRUPTION
The Mayor of Atarfe (Granada), Víctor Sánchez (PSOE Spanish socialist worker party) is expected to declare tomorrow at 10:00 in magistrate Nr. 4, Granada. He is charged with several crimes of administrative and town-planning corruption of the housing estate ”Medina Elvira Residencial” and the attached golf course, as well as other construction work that had an impact on the area’s infrastructure.
His statement has already been postponed last October 16th 2008, after his lawyer reported that his client could not attend the court. Sources of the case told Europa Press that Deán Judge Antonio Moreno thereupon ordered that next time he doesn’t attend without a justification, he will be arrested.
According to the prosecutor’s decree, to which Europa Press had access to, concerning the proceedings of the criminal investigation, which initiated as a result of the formal complaint made by the following organisations, which later on were joint by others:
- “IU” (political party “united lefts”)
- “Ecologistas en Acción” (environmentalist group)
- “Necesitamos la Vega” (residents association)
“there is sufficient evidence” to consider that the actions could constitute the mentioned crimes.
Although the complaint was made against Atarfe’s Mayor, who is already involved in other legal proceedings for town-planning actions, the prosecutor clarifies that the pronounced allegation “should be extended to those who have voted for the allegedly illegal agreements and were involved in the process of relevant documents.
It should also affect those responsible for the companies Nadasol and Vladigolf Ltd. and /or the specific individuals who, according to the decree of the prosecutor Luis Salcedo dated on the 10th April 2008, have carried out illegal construction work or distorted the planimetry (sizes on the plans).
The facts refer to the area known as “Regadíos del Cubillas”, in which since 2005 Vladigolf Ltd. and other companies have been carrying out various construction works like:
- the housing estate “Medina Elvira Residencial” (scheduled for 3.500 dwellings)
- the construction of an 18 hole golf course attached to the estate
- the construction of a wastewater treatment plant in the annexed town of Caparacena.
Furthermore, there are other doings that had an impact on the infrastructures of the area, like:
- the inclusion of the road “Camino de Malacarilla” which connects the annexed town of Caparacena with the town of Atarfe
- the removal of a path for livestock on the golf course area
- dumping ground waste into a ravine
- logging
- etc.
or had to do with the golf’s infrastructure. There are also plans to build a hotel in the area “Cortijo Hotel Escuela Armengol”.
UNDERVALUATION OF AQUISITION
All these actions were carried out or planned on land that was sold on the 24th February 2005 by “Proyecto Atarfe” (a municipally owned company in form of Ltd.) to Vladigolf Ltd. for €3.6million. On the 4th of March of that same year the mortgage was agreed and the land was valued at €8.6 million, which according to the prosecutor is “quite surprising”, as it was the council (through “Proyecto Atarfe” though) who sold a property for less than its appraised value.
The public prosecution office understands that the land has been “undervalued” according to some town-planning conditions which the council committed to modify in the PGOU (general land development plan). So far these modifications have not been definitely approved, as the area stands under special protection by the POTAUG (land development plan for the built-up urban areas).
This means that the works carried out on the basis of future intended changes of the urban regulations “would be illegal” for the following two reasons:
- lack of legal coverage
- violation of the current urban regulations
It seems that the modified (if approved) PGOU (general land development plan) would act more as a tool to give legal coverage to the already built projects.
ALLEGED ILLEGALITIES
Based on the LOUA (Building Regulation Law of Andalucía), the prosecutor refers to the performed sale as an alleged illegality, since given the declaration that the golf course is of public interest, the acquisition of the area should have been either through the process of competition or other procedures, which are established in the Contracts Act, but not just its direct transfer as it has ultimately been done.
Furthermore, in the agreements as well as in the approved projects and licences, regulations appear which are “contrary to the urban norms currently in force in Atarfe and the LOUA (Building Regulation Law of Andalucía). The maximum constructable area is set at 417.697m², which does not coincide with the existing plans and the ground density is amended by simply widening an area that is 5km away from town.
The POTAUG (land development plan for the built-up urban areas) gives the site “Regadíos del Cubillas” the status of “especially protected non building land”. But still, outside the perimeter on which development is authorised, construction work has been carried out on “especially protected areas”. Apparently these constructions are development and rezoning projects on what is considered building land. It is an abuse that has been possible because the plans that were handed in by Vladigolf Ltd. were forged and superimposed POTAUG’s original plans.
On the plot of land 28, which is currently non-constructible, a concrete floor has been laid and a stand was build without a registered licence nor a given permission for its construction. As for the golf course, its construction and the modification of the associated infrastructures deserve a “special mentioning”.
According to the decree, the construction of the course is in agreement with POTAUG’s system of open spaces, although it would be convenient if the responsible body for the golf course could clarify if the modification of the road truly respects the system of open spaces. According to analyzed reports it is a “controversial issue” that it is in agreement with the protection of POTAUG and at the same time not ambiguous, which constitutes the crime of urban prevarication.
HOTEL AND WASTEWATER TREATMENT PLANT
Concerning the plenary approval of the project “Cortijo Hotel Escuela Armengol” the prosecutor describes that it was a local decision which has been collectively adopted “against the rules” of the POTAUG (land development plan for the built-up urban areas) and besides the warnings of one of the complainants about the possible prevarication which could incur should the purchase go ahead.
According to the allegations, the works on the wastewater treatment plant were initially carried out without the project being approved nor the licence granted, although after the complaint has been lodged, Vladigolf was given the construction licence, which according to the prosecutor still doesn’t comply with the environmental conditions.
WELL, WE HOPE THAT HELPED. MY BOTHER INLAW IS ALSO SPANISH AND EXPLAINED THE POLITAL PARTIES ETC. HE SAID THAT CAN HAVE ALOT TO DO WITH SCANDAL AND TROUBLE CAUSED AROUND BUILDS. I HAVEN'T A CLUE WHAT TO THINK ABOUT ALL THIS AS WE DONT KNOW THE RESULT OF THE MAYORS COURT CASE.
Cheers,
Before the pound dropped on it's bum againstt the euro we were actually thinking of emigrating to Spain - now I guess all the Brits will be coming back eh!