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Hi everyone, i spoke with Perla today re completion. She said it would be about 15 days but referred me to the letter recently sent out to us via are Abagados :-)
If we complete in 15 days I'll bend over backwards and kiss my a.....!
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Some amazing news broke today thanks to information from 'Deniseapartment'. If they are right the provisional access road won't be our dirt road, but the road at the back leading to the A7. Apparently the town hall accepts this solution, so this would be our formal entrance road for the time being.
I will check tomorrow how far this road is. Last time I checked there was just a small stretch completed, but if the rumours are true it is already tarmacced. However, no lights, pavements, etc. So clearly a provisional road to comply with the Town Hall demands.
The dirt road hasn't changed in the last week, so to fullfill the 'fifteen days to completion' prediction by Perla they must indeed be betting on this other road.
If true, I guess we won't really use this alternative road as it's quite inconvenient in most cases. I hope the Town hall will keep on pressing them to complete the dirt road as well before granting Arrohabitage the license for DJ II and III.
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Hi max,
This complex seems to be full of surprises. The last time we were there that road was nowhere near completion, and from memory is about 6 times the length of the road by the railway line. Seems very strange whyy they would choose to do this one first. If this is true, can you check out that there will be access from the A-7 motorway coming from both directions, Marbella and Malaga, as if you read one of my previous posts on completion, posted on the 29th of June, there may be other problems. Keep up the good work mate. One final point, it would be a good idea to say to your solicitors that you will not sign for the apartment, until we have a garauntee that the road by the railway willl be completed within a set time period. We will be over soon. God knows where we will be staying though.
Westport
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Hello all, I was up on site Sunday afternoon and was approaching the site near the railway station when I saw the vigilante guy there so I took an alternative route via the road network above our development. I can confirm that there is a tarmacked road leading from the back of block (is it 9 or 10) and heads up the hill towards the A7. It is in fact possible to walk from our site on a proper road surface all the way to the motorway apart from about 20 metres. Once you have reached the A7 it is possible to head in either direction MALAGA or MARBELLA the access is near the restaurant el Higiuron on the hill=side. I returned from my walk back through the site here are my obsevations (1) grass looks abit scuffy and needs looking after. (2) all ground floor apartments are over-grown with weeds and look a mess (3) the pools are full of dirty water and are an eye saw. (4) the buildings look complete and very good.
I did eventually get approached by the Vigilante guy he was OK and he was on about Renfe the railway lot and said they were being dificult about the road (I dont know how much of this can be true) but he went on to say that work has been stopped on Don Juan 3 for three months now because no one is aloud on the very road that we have all been waiting for to be finished, and he mentioned access from the rear of the development, I took all this with a pinch of salt , why would he know all this info. I haven't been on this site for a while but I seem to have got a bit off my chest, speak to you all soon MARTIN
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Hi All, I am new to this forum although I have been waiting to close on 2 apts for 2 years now. I visited recently, returned July 4, and interestingly was advised by Perla that the issue was the completion of walkway to boardwalk. She never mentioned access road! She also promised --as if I would believe it--completion before the end of July. Everyone knows that nothing happens during the entire month of August so I plan delivery of furniture by end of October or November!
I found all of the postings quite informative and frankly consoling that so many find themselves as frustrated as I am. Would love to hear from other Phase 1 sufferers!
E.
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In addition to Calvs post I can confirm that work on DJ III has been stopped for some time now. If this is due to limitations on the usage of the road or the developer just ran out of money waiting for our completions I don't know.
As promised we had a look at the provisional access to DJ from the A7. We had a look at the DJ side first and afterwards drove to the A7 and took the exit leading to our new road. We had to bypass some severe roadblocks as you're still not allowed to drive on this road. For some time there have been two separate parts of this dual carriageway which were completely finished including lampposts and pavements. A small stretch at the back of DJ and a longer stretch at the A7 site.
The connection between these two parts was always missing. Now you can see from the DJ site that they have tarmaced a large part of this missing part. It's quite different from the existing parts as it is just a rude layer of tarmac over an existing dirt road. No lamp posts, pavements, whatever. This is clearly done very recently as we often check the site.
What's still missing is the connection to the longer stretch of existing motorway. They were working hard today in that area.
At the DJ side the plan has always been to let this A7 acces road go behind us and connect through a tunnel with the Avenida Carvajal (the busy road just in front of the station). What they have done now is a quick and dirty layer of tarmac from the back of building 1 to the small stretch of motorway below. It’s a steep climb but this way if they finish the above mentioned part we have indeed a provisional road connecting us directly to the A7.
As soon as the camera batteries are reloaded I will post some pictures.
This message was last edited by max! on 7/11/2007.
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This news about the road does not surprise me - see my post of 29th June last under "Stronge" where I raised the possibility that they were talking about a different road. Obviously if it helps to speed up completion then it is positive, however as Westport mentions it will be important to get some guarantees re the railway road - after all this is how everyone will be accessing the beach front & supermarket etc both on foot and otherwise. Any information that can be obtained before our signing day from the Town Hall & others regarding the issues that are causing problems with this road will help us in deciding what if anything we as interested parties can and should do.
We need to find out if there is any truth in the suggestion that "no one is allowed to use this road". We also need to ensure that we can in fact use the railway road even if it is not finished. Hopefully Max may have a contact at the Town Hall...? because I would not like to rely solely on the developer for this info!
We are going out on 1st August and will report anything we find out.
P.S. Hi Boricua, welcome to the forum. I don't understand what you mean by "walkway to boardwalk" - can you throw further light please?
Regards
This message was last edited by gericom99 on 7/11/2007.
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Hi all,
As I understood it, there was a commitment by the development to develop access under the roadway ( a small tunnel that was a waterway) that would lead to directly to the boardwalk area without having to cross the main street. My abogada told me that it was this access pathway that had not been completed holding back the cert of occupancy. This position was confirmed by Perla who believed it would be completed by this month ( July) and ready for closing. Even if her estimate were true, I do not believe the municipality would approve within this month, and all is halted for the month of August. As I stated, I visited the 1rst week of July and this is the information I received. I purchased in Phase 1 so I regrettably have no news with respect to all other phases. I did visit my apts and was very pleased and excited with details. All that was missing were the electric devices. Everything else, though seemed at a standstill.
E
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Photo's are up as Eoin already noticed. I guess they speak for themselves otherwise just ask.
I'm sorry to say that I am just ignorant as all of you and my predictions about completion are just educated guesses. I can see that they working hard to complete this road and it’s clear that the developer has an enormous interest to get this done. He has a lot of money tied up in DJ I and II and he can’t work on the third phase due to the conflict over the dirt road. I don’t doubt their intentions to get this over with. However the town hall is the deciding factor and I can’t judge if they’re really ready to hand over the license. Remember that Arrohabitage has already made several claims about the town hall which didn’t materialize.
I don’t have inside knowledge of the political and bureaucratic processes. The problem with the Spanish is that they love rumours and hearsay and rarely admit that they don’t know a thing about the subject. Everyone you meet has an opinion about the matter but it’s difficult to judge their stories. In this case it’s even worse as the conflict about the dirt road involves at least four parties: Arrohabitage, other developers, the town hall and Adif (the railway representant).
We will have the same problem if we want to get guarantees in writing or contracts. Our own contract with the developer doesn’t say a thing about access roads afaik. We are just entitled to an apartment with a license of first occupation. If the town hall issues this without specific requests about the dirt road I don’t think we can sue Arrohabitage.
The best thing we can do is ask one of the more active lawyers to delve a bit deeper into it and see if Arrohabitage is really required to get this road finished. I guess the obligation to develop it has been part of the license to build on these plots, but Arrohabitage has repeatedly stated that they don’t have the sole responsibility for it. They share it with other developers and Adif. What we really need the details of this arrangement.
Boricua, welcome to this forum! I think Perla someway misunderstood you. I’m pretty sure that this tunnel to the beach won’t materialize as it doesn’t show up in the town hall planning papers. There is a tunnel planned but that is from the new road behind DJ to the Avenida Carvajal (the busy road in front of the railway).
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The tunnel is already there. I put some photos on here a while ago. When I took the pics the builders where also looking at the tunnel. it comes out by the caribian bar and is for water at the moment but can be altered. I hope they do it but I really dont know.
_______________________
Apartment available for holiday rental.
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BTW, case in point: our ‘neighbours’ in the area, the much larger development at the right of DJ has already been granted their License, while they still don’t have direct access to ‘our’ tunnel and the beaches. Their only entrance is via the A7 and they are still working on the alternative road. So…
edit: I missed Andy Irwins post. I don't mean the beach tunnel, but the road tunnel in the above sentence.
And Andy, I know all about the existing river (and there are lots of them in Fuengirola) but I still don't believe in the 'conversion to beach access' plan,.
This message was last edited by max! on 7/13/2007.
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Thanks for all the new information! A temporary vehicle entrance to get the licence is better than no licence but they would not be spending all this money on the temporary road if the road beside the railway was likely to be finished anytime soon. We are certainly taking months and as this is Spain we could be talking years. I really hope we can at least walk out the front in the meantime as a big attraction of Don Juan was the railway station and beach access. (Our apartments would go down in value by at least 50,000€ if we didn't have it.)
A positive sign is that the new access is quite clearly temporary so I am reasured we will get our expected access road eventually - and as the access to Don Juan from the new dual carriageway will have to be removed when the link is completed to the Avenida Carvajal there is no danger of the road through Don Juan becoming a shortcut!
On expected completion I am with otterandy - if we get the licence at the end of the month I will attempt a similar feat! The trouble is even if the licence comes through Notaries and lawyers all have their holidays and getting all parties together in August for completion is going to be difficult.
_______________________
David
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Hi Davmunster,
Regarding the road beside the railway it is clear from the letter I got from my Abogado that "there are objections or conditions from ADIF for the work to be made in the road parallel to the railroad and the stage of development of the adjacent sector and the infrastructure foreseen in the area". This indicates that the railway company ADIF are the culprits raising objections regarding this road which no doubt the Town Hall as the planning authority will have to adjudicate and decide upon in due course. As you say this could take some time to resolve but the vital thing for us in Don Juan is I think to establish
(a) that after purchase completion there will be no restrictions on residents of Don Juan using this road by car or otherwise to go to the Avenida Carvajal & beach area as a result of the ADIF objections etc and the fact that it is still in an unfinished condition
(b) that this road continues to be an integral part of the access infrastructure for our development in addition to any other access roads being provided
(c) the likely time frame for regularising the "provisional road" and resolving the outstanding access problems.
I appreciate that promises re timeframe etc for dealing with these matters may not be worth much but nevertheless I think we should all get our solicitors to obtain as much info in writing from the developer regarding these issues before we sign on the dotted line....
To date they do seem to have been "economical with the truth". This message was last edited by gericom99 on 7/13/2007.
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The letter from Arrohabitage states that they will establish a provisional road ‘until such time the objections and conditions between the ADIF and the Fuengirola Town Hall for the execution of the definitive works in the road parallel to the railway line are resolved. These objections and conditions have nothing to do with Arrohabitatge S.A.”
Like I said in my earlier post if true this means that we can’t demand anything from the developer as they are no party to this problem. They promised us an apartment and a license and it’s up to the Town hall to make sure that their development plans are fulfilled.
To understand the issue it is wise to look at all the developments in the area. Let’s establish and assume some things and see if we can find some logic in all of this:
Some background:
a) ADIF put a lot of money in the track doubling of the railway and the renovation of the railway station in Carvajal
b) ADIF apparently has a big say on the area parallel to the railway
c) ADIF is at least partly responsible for the maintenance of the parallel road (according to earlier statements of Arrohabitage)
d) The access road from the A7 to the Carvajal area is expected to be quite busy as it is a much more convenient way for a large part of Fuengirola to reach the A7
e) The planned tunnel behind DJ to the Avenida Carvajal isn’ ready yet (in fact they didn’t even start the work)
f) If the A7 traffic uses ‘our’ railway road this will be a severe load
g) To complete DJ III heavy trucks will have to use the railway road; again a severe load.
I guess that ADIF doesn’t accept the usage of the parallel road for heavy trucks as this could damage their construction works. This would explain the guard saying that ‘the road can’t be used and DJ III work is stopped for this reason’. They also won’t be happy with the Fuengirola Town hall opening the A7 access road without constructing the new tunnel as this will generate an extraordinary load on the parallel road and possible damages to their railway constructions. If ADIF accepts the construction of the final road they lose all negotiating power, so I guess they don’t comply until they have guarantees on the specific load on the road.
All this of course is an educated guess. For us it would mean that we can freely use the existing dirt road. Using small cars won’t cause any damage to the railway. In fact people from Arrohabitage and its builders are freely using it at the moment. Only heavy trucks seem banned since ADIF completed its works. Remember this is Spain: they won’t stop our local traffic.
Should we push Arrohabitage to finish this parallel road? I don’t think we are party to it. The town hall is and they have two strong weapons: the licenses for DJ II and for DJ III. As stated in my earlier post: it’s good to get as much facts as possible and wise to get our solicitors to investigate, but in the end we are just bystanders with an interest.
This message was last edited by max! on 7/13/2007.
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FYI
Last time I talked to Perla, she told me that they allready had asked for licenses to DJ II (together with DJ I). She could be wrong :o)
_______________________ Best Regards,
Wichmann
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Hello all,
Just had a walk to the development but obviously did not get access. One thing that I did notice is that a number of lights have been installed at the edge of the "road" next to the fence which borders phase 3 next to the station (I hope that makes sense). These are not street lights as such but the same lights that are on the station platform which suggests to me that the road is not a road and in fact a car park. I may be jumping to conclusions but why would they put these lights in place otherwise. Also as long as we can have access on foot then I don´t think it is that big a deal. Anyone any the wiser?
SRS
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Has anyone taken any photos of the road next to the station? it will be nice to see what's happening to it. SRS's comments makes sense as it is necessary for there to be a car park for the station (at very least to allow people to drop off and collect people from the station) and I do think that we will have vehicular access (most certainly pedestrian access) along this road up to our development as the developers have already laid a proper road with pavement lights etc which ends at this road next to the station. Perhaps to comply with the town hall requirements for an access road they are building the road at the back rather then the one by the station due to the fact that this road will see a lot more work / traffic on it due to the ongoing developments with Renfe & other developers it doesnt make sense building a proper road there at this moment. That's my two pence worth.
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Hi SRS and RG,
Yes, there will be a parking zone, but there is also a proper road planned. They easiest way to have a provisional road would have been to tarmac this track along the railway, but somehow ADIF blocked this rather trivial solution. I speculated about their motives in my earlier post.
SRS, it's only on Sunday that the guard is there. The other days you can just go up without problems.
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