Planning permission

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15 Feb 2008 12:00 AM by Poppyseed Star rating. 897 posts Send private message

Does anyone know what happens if a developer is given planning permission for a new development, but before building starts the land is then classified as "protected". Can the development  still go ahead? We have been told that as the permission was given before the reclassification then it can still go ahead, but in todays climate I wonder if this is correct.

Thanks, Poppyseed.



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15 Feb 2008 10:38 AM by Acapulco Star rating in Costa Blanca South.. 342 posts Send private message

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I don't know but certainly would not want to take the chance myself.

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15 Feb 2008 11:04 AM by Poppyseed Star rating. 897 posts Send private message

We're not chancing it ourselves! It is a development near to our urbanization which is being carved out of a hillside and we all hope it will not proceed.

 

Thanks, Poppyseed



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15 Feb 2008 12:56 PM by georgia Star rating in Algorfa (As seen on .... 1835 posts Send private message

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If the land has been reclassified then the developer will have to stop.

When i worked in the mountains a developer purchased a huge parcela of land,he was backed by the mayor who introduced him to a bank and with the mayors backing they lent him 1.2 million euros to purchase the land and develop it.

All the plots were marked out,showhome was built and sales were going well.

Then the sh,... hit the fan.

the mayor had an offer from two brothers in the village to develop the land,considering the land no longer belonged to him the developer should have been fairly safe but oh no.

The mayor reclassified the land making the whole parcela useless to the developer who owned it!!!!! after months of legal rangling the developer agreed to take an offer of 350,000€,dont forget he still owed the bank 1.2 million!!!!!!!!

the ending of this story is a little to sensitive to post so i will leave that to your imagination.

so i guess the moral of the story is if its reclassified then the land should be protected...



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21 Mar 2008 3:35 PM by Poppyseed Star rating. 897 posts Send private message

From today's Daily Mail

http://www.dailymail.co.uk/pages/live/articles/news/worldnews.html?in_article_id=540712&in_page_id=1811

 

 



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21 Mar 2008 5:33 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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Can you say what the article is about please, cos I must be dyslexic when I try and type all that lot in!!

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21 Mar 2008 6:03 PM by Poppyseed Star rating. 897 posts Send private message

It's about demolitions within 100m of the coast, it also mentions some properties built before the 1988 law have also been demolished.

Copy and paste the link into your address bar, it worked that way for me. Otherwise it's on the Daily Mail website front page close to the bottom. Sorry I'm a bit of an IT dummy and can't post the link any other way.



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21 Mar 2008 6:05 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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Did that but it just says 'no results found'

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21 Mar 2008 6:56 PM by Poppyseed Star rating. 897 posts Send private message

Hmm, I've just tried it again and it worked for me. I've copied the whole article and pasted it here, hope it works!

Thousands of Britons face destruction of their Costa homes in Spanish government crackdown

By TOM WORDEN - More by this author » Last updated at 23:15pm on 20th March 2008

Comments Comments

Then of thousands of Britons who own houses on the Spanish coast will have their homes demolished, it was claimed yesterday.

 

The Spanish environment ministry last year announced an ambitious £3.5billion drive to protect the country's coastline from over-development by knocking down houses built illegally close to the shore.

It insisted that there would be no widespread demolition of properties built before the relevant laws were passed.

Scroll down for more...

 

Demolition: Earlier this month British expats Len and Helen Prior's dream £350,000 retirement villa in Vera, Almeria, Spain, was bulldozed by authorities in a planning row

However, a campaign group set up last month to fight the government scheme yesterday revealed it already has 20,000 members whose homes are under threat.

It claimed that more than 500,000 will be affected in total.

A significant number of these are likely to be Britons, because Spain is a popular destination for UK residents taking holidays or retiring abroad.

Jose Ortega, a lawyer who heads the campaign group, the Platform for those Affected by the Coastal Law, said: "This is the single biggest assault on private property we have seen in the recent history of Spain.

"They are destroying property without any concern for the law or rights.

"This will affect more than 500,000 people who live along the coast in Spain, of whom up to 100,000 are foreigners, including tens of thousands of Britons."

Spain's 1988 Coastal Law banned building within 330ft of the shoreline. Until now homes built before the law came into force were exempt.

But the environment ministry is now targeting thousands of homes that were built before 1988, which protesters say is unfair and illegal.

Mail to a friend Print story Read later

 


©2008 Associated Newspapers Ltd · Terms & Conditions · Privacy


 



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21 Mar 2008 6:57 PM by Marksfish Star rating in Vera, Almeria. 2624 posts Send private message

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Click on this link Karen.

Mark





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21 Mar 2008 7:07 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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Thanks both for your help.

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22 Mar 2008 9:47 AM by myra cecilia Star rating in Manilva Malaga. 213 posts Send private message

Hello Poppyseed
 
Supposedly this land was giving planning permission. Here it would be given the ok by the town hall and then the planning permission would have to be accepted by the Junta de Andalucia. A lot of land is being reclassified under the new POT plan. So it is possible that the land could be protected or drawn up in the town halls new plans for protection. Until the POT and the PGOU (New town planning rules) are published the land could still be classified as building land. If it is definitely now protected, by law it cannot be built on. (There are also different types of protected land) The owner may still take proceedings to have his old licence reinstated.. Yes it is very complex. Glad to hear that you are not buying but do not be to sure that the buildings may not go ahead in the future. Each case has to be looked at personally depending on its merit.
I am the founder of Costa Advice Bureau in Estepona and have had to study the complications of planning permissions thoroughly. Hope that this has not been to confusing for you.
Regards, Myra


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22 Mar 2008 9:58 AM by myra cecilia Star rating in Manilva Malaga. 213 posts Send private message

Hello Poppyseed.

Reference the Daily mail article. I would really lik to reassure prperty owners in Spain. Please its always the bad stories that make the press. Every property has to be looked at depending on its criteria. I will eat my sunhat if thousands of homes will be demolished. Anyone who is worried should look into this not take on huge costs with lawyers. Remember its the non Spanish community that get it in the neck. Mainl because of language or lack of but mainly because they are not aware of the system.

Please do not panic and seek proper advice.

Regards, Myra.

 



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22 Mar 2008 10:43 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Nacho de Castro, my brother and specialist is Administrative Law has answered some good questions Justin made to him regarding demolitions in the last podcast on the " JUstin meets..." serie.  Worth listening.

Best wishes,

Maria



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22 Mar 2008 11:04 AM by myra cecilia Star rating in Manilva Malaga. 213 posts Send private message

Estimada Maria.

It is so good to have good Spanish lawyer's like yourselves that are willing to go public on this forum. Without people like you my work assisting non Spanish home owner's would be very difficult. As we both know the law is changng continually in Andalucia. where can we get the information about your brother's talk on this planning issue?

Saludos cordiales,

Myra

 



This message was last edited by myra cecilia on 3/22/2008.

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