Friday, June 23, 2006
THE VALENCIAN CODE
Esteban Gonzalez Pons, the Conseller for the Territory, announced yesterday that before this coming October the Consell would publish a Code of Valencian Urbanizing Rights. The document would in fact group together all the various Valencian Land Laws and present them in an understandable way
Valencia Life 22nd June.
Esteban Gonzalez Pons, the Conseller for the Territory, announced yesterday that before this coming October the Consell would publish a Code of Valencian Urbanizing Rights. The document would in fact group together all the various Valencian Land Laws and present them in an understandable way
Valencia Life 22nd June.
Thursday, June 22, 2006
re VALLE DE POP -
Jalon and surrounding areas
If you are worried about the destruction of this beautiful region
go along to ............
The Biblioteca (Pensionistas), Jalon. 8pm (20.00hrs) Tuesday 27th June
re a Manifesto and to sign a Petition against further development in that area
(it will be necessary to have your Residencia or Passport with you)
(for further info phone Mrs Keightley 96 648 0300)
Jalon and surrounding areas
If you are worried about the destruction of this beautiful region
go along to ............
The Biblioteca (Pensionistas), Jalon. 8pm (20.00hrs) Tuesday 27th June
re a Manifesto and to sign a Petition against further development in that area
(it will be necessary to have your Residencia or Passport with you)
(for further info phone Mrs Keightley 96 648 0300)
Monday, June 12, 2006
DECISION EXPECTED The European union later this month will decide whether to go ahead witha dossier opened on Spain over the incompatibilities in the new ValencianLand Laws or LUV. According to the EU, at least 13 articles of the law that was promulgated in the Valencian Parliament five months ago, are against EU internal policies. Meanwhile yesterday the Conselleria of the Territory revealed that it would be altering one article of the LUV dealing with the quality control adjudged to any company seeking to undertake an urbanization.
Valencia Life.12.6.6.
Valencia Life.12.6.6.
Sunday, June 11, 2006
still valid and thought provoking.
Record Spanish Drought Seen Harbinger of FutureSpain's worst drought just the start as deserts spread
Financial Times, June 27 2005 A severe drought in Spain, the worst since records began in 1947, is playing havoc with livelihoods, sparking forest fires and threatening millions of tourists with water rationing as they head for the beaches this summer. Worse yet, 2005 is unlikely to be a freak year. Spain is getting hotter and drier, with average temperatures rising by 1°C since 1960. The European Environment Agency estimates that average temperatures will rise by a further 4°C over the next century. Winters are now so mild that storks have stopped their annual migration to north Africa. Scientists are witnessing desertification many estimate that up to one third of the country may be a desert within 50 years. Official figures show that two thirds of the country is now affected by severe drought, with areas around Valencia, Andalusia and Catalonia, where populations more than double during the summer months, among the worst hit. Farmers and town councils in these areas are already fighting over the allocation of scarce water. Agricultural losses are estimated at €1.6bn ($1.9bn), with much of the olive crop in Jaen, Andalusia, the principal olive-growing area, given up for lost. Catalonia has slapped restrictions on water for irrigation and industrial use in the hope of forestalling broader rationing during the dry summer months. We desperately need rain before October, says Jaume Solá, Catalonia's regional environment minister. The drought has been exacerbated by Spain's construction boom, which saw a record 700,000 new homes built last year about half of them on the coast. But the frenzy of building in one of the driest regions of Europe has severely challenged the ability of town planners to provide basic services such as running water. In the provinces of Alicante and Murcia, on the Mediterranean coast, the regional water authority has asked councils to delay water connections to new tourist developments until after the summer. The World Wildlife Fund estimates there are 10,000 illegal wells in the Costa del Sol, many of which supply tourist developments and are accelerating the depletion of water resources. Spain is abusing the sustainable limits of tourism development, says Chuck Svoboda, a former Canadian diplomat who leads Abusos Urban´sticos No, a campaign group that is fighting corruption in real estate development on the coast. But the building boom shows no sign of slowing despite the lack of water. The Júcar water authority, which supplies Valencia's 4.5m residents, estimates 1m new homes will be built in Valencia over the next decade. In addition, it says town councils have approved the construction of 67 new, water-needy golf courses in the region, bringing the total to 69. Rafael Blasco, Valencia's regional housing minister, describes golf resorts as a new kind of agriculture. He wants the European Union to allocate farming aid to them and dismisses talk about development being overdone. Cristina Narbona, Spain's environment minister, says the drought has put the spotlight on the country's farmers, who account for four-fifths of water consumption in Spain. Ms Narbona says fewer than 10 per cent of farmers use efficient irrigation methods. The remaining 90 per cent still resort to flooding their fields, an incredibly wasteful practice that needs to be eradicated, Ms Narbona says. Ms Narbona has secured a ¬370m budget to fight the drought with desalination plants, more water recycling and the drilling of new wells in the worst hit regions. The risible price Spaniards pay for their water 30 times lower than the European average remains a taboo subject.Earlier this year, Spain's agriculture ministry shot down a plan drafted by Ms Narbona's department that would have imposed punitive water rates on farmers who waste water. Tourist resorts and golf courses, with their heavy water consumption, would also have had to pay 15 times more for their water than the average Spanish household. Without cost incentives to reduce consumption, Ms Narbona can do little more than issue new appeals to save water.
Record Spanish Drought Seen Harbinger of FutureSpain's worst drought just the start as deserts spread
Financial Times, June 27 2005 A severe drought in Spain, the worst since records began in 1947, is playing havoc with livelihoods, sparking forest fires and threatening millions of tourists with water rationing as they head for the beaches this summer. Worse yet, 2005 is unlikely to be a freak year. Spain is getting hotter and drier, with average temperatures rising by 1°C since 1960. The European Environment Agency estimates that average temperatures will rise by a further 4°C over the next century. Winters are now so mild that storks have stopped their annual migration to north Africa. Scientists are witnessing desertification many estimate that up to one third of the country may be a desert within 50 years. Official figures show that two thirds of the country is now affected by severe drought, with areas around Valencia, Andalusia and Catalonia, where populations more than double during the summer months, among the worst hit. Farmers and town councils in these areas are already fighting over the allocation of scarce water. Agricultural losses are estimated at €1.6bn ($1.9bn), with much of the olive crop in Jaen, Andalusia, the principal olive-growing area, given up for lost. Catalonia has slapped restrictions on water for irrigation and industrial use in the hope of forestalling broader rationing during the dry summer months. We desperately need rain before October, says Jaume Solá, Catalonia's regional environment minister. The drought has been exacerbated by Spain's construction boom, which saw a record 700,000 new homes built last year about half of them on the coast. But the frenzy of building in one of the driest regions of Europe has severely challenged the ability of town planners to provide basic services such as running water. In the provinces of Alicante and Murcia, on the Mediterranean coast, the regional water authority has asked councils to delay water connections to new tourist developments until after the summer. The World Wildlife Fund estimates there are 10,000 illegal wells in the Costa del Sol, many of which supply tourist developments and are accelerating the depletion of water resources. Spain is abusing the sustainable limits of tourism development, says Chuck Svoboda, a former Canadian diplomat who leads Abusos Urban´sticos No, a campaign group that is fighting corruption in real estate development on the coast. But the building boom shows no sign of slowing despite the lack of water. The Júcar water authority, which supplies Valencia's 4.5m residents, estimates 1m new homes will be built in Valencia over the next decade. In addition, it says town councils have approved the construction of 67 new, water-needy golf courses in the region, bringing the total to 69. Rafael Blasco, Valencia's regional housing minister, describes golf resorts as a new kind of agriculture. He wants the European Union to allocate farming aid to them and dismisses talk about development being overdone. Cristina Narbona, Spain's environment minister, says the drought has put the spotlight on the country's farmers, who account for four-fifths of water consumption in Spain. Ms Narbona says fewer than 10 per cent of farmers use efficient irrigation methods. The remaining 90 per cent still resort to flooding their fields, an incredibly wasteful practice that needs to be eradicated, Ms Narbona says. Ms Narbona has secured a ¬370m budget to fight the drought with desalination plants, more water recycling and the drilling of new wells in the worst hit regions. The risible price Spaniards pay for their water 30 times lower than the European average remains a taboo subject.Earlier this year, Spain's agriculture ministry shot down a plan drafted by Ms Narbona's department that would have imposed punitive water rates on farmers who waste water. Tourist resorts and golf courses, with their heavy water consumption, would also have had to pay 15 times more for their water than the average Spanish household. Without cost incentives to reduce consumption, Ms Narbona can do little more than issue new appeals to save water.
Saturday, June 10, 2006
RoundTownNews 10.6.6.
Written by Jack Troughton Friday, 09 June 2006
Members of the AUN - Abusos Urbanisticos No - were told to keep battling for their property rights against developers who have had plans passed under the LRAU laws. Charles Svoboda, the group's president, said they could make a"real impact" in the political "uncertainty" before the ballot. Speaking at an AUN meeting at Chez Flo, near Benissa, he quoted a Spanish newspaper article which claimed "the property market is falling apart." Charles said the El Mundo piece reported "the (Valencian) economy is in a pretty fragile state" and the "property bubble is going to burst."
OVER-SUPPLY And he told the meeting: "Having put all the eggs in the basket of construction, there is a problem of over-supply. "They decided it was the quickest was to make money rather than the second biggest earner, tourism. Tourism is failing because of construction - very few people want to come here and watch cranes turning around in the sky."
The meeting heard that socialist parties had made urbanisation and the environment key parts of their manifesto pledges. Charles said in the meantime the EuropeanCommission was demanding to see the details of over 120 development projects "passed in a rush" before the LRAU was replaced on February 1st by the LUV. And he pointed out the mayor of Benissa seemed to have undergone an "overnight conversion" when he recently told resident meetings that many projects passed under the old law would need to be reconsidered under the LUV. "That is quite a concession," said Charles. "Not one from his heart but from Valencia."
SOCIAL HOUSING He said this was not a superficial change but meant many plans would need to be reconsidered, with a proper environmental study and the need to provide 'social' low cost housing. "It means the process is not finished. They (the plans) will have to be taken back and reconsidered. And that buys a lot of time," he said. But Charles warned developers and their lawyers would try and test the limits of the law, so it was important members of the AUN kept their eyes and ears open. "This is a time we can have some impact because itis a period of uncertainty, because we are going into an election period. It is a period of political sensitivity," he said. He said he suspected townhalls and the government could begin looking to avoid "the hammer of justice falling on their heads."
LAURELS Charles added: "We have no time to rest on our laurels, there is much to do. We will keep active and defend everyone's property rights." He said the AUN would take part in some demonstrations and support others, but would be careful not to be allied to particular political parties. "I think we have probably lifted the scab off the sore here, and now others are getting involved," Charles said. "It is a greater leverage than if we were operating on our own. "I think the seeds we have planted in the ground have taken root and it is good to see Spanish people are now fighting the fight."
Written by Jack Troughton Friday, 09 June 2006
Members of the AUN - Abusos Urbanisticos No - were told to keep battling for their property rights against developers who have had plans passed under the LRAU laws. Charles Svoboda, the group's president, said they could make a"real impact" in the political "uncertainty" before the ballot. Speaking at an AUN meeting at Chez Flo, near Benissa, he quoted a Spanish newspaper article which claimed "the property market is falling apart." Charles said the El Mundo piece reported "the (Valencian) economy is in a pretty fragile state" and the "property bubble is going to burst."
OVER-SUPPLY And he told the meeting: "Having put all the eggs in the basket of construction, there is a problem of over-supply. "They decided it was the quickest was to make money rather than the second biggest earner, tourism. Tourism is failing because of construction - very few people want to come here and watch cranes turning around in the sky."
The meeting heard that socialist parties had made urbanisation and the environment key parts of their manifesto pledges. Charles said in the meantime the EuropeanCommission was demanding to see the details of over 120 development projects "passed in a rush" before the LRAU was replaced on February 1st by the LUV. And he pointed out the mayor of Benissa seemed to have undergone an "overnight conversion" when he recently told resident meetings that many projects passed under the old law would need to be reconsidered under the LUV. "That is quite a concession," said Charles. "Not one from his heart but from Valencia."
SOCIAL HOUSING He said this was not a superficial change but meant many plans would need to be reconsidered, with a proper environmental study and the need to provide 'social' low cost housing. "It means the process is not finished. They (the plans) will have to be taken back and reconsidered. And that buys a lot of time," he said. But Charles warned developers and their lawyers would try and test the limits of the law, so it was important members of the AUN kept their eyes and ears open. "This is a time we can have some impact because itis a period of uncertainty, because we are going into an election period. It is a period of political sensitivity," he said. He said he suspected townhalls and the government could begin looking to avoid "the hammer of justice falling on their heads."
LAURELS Charles added: "We have no time to rest on our laurels, there is much to do. We will keep active and defend everyone's property rights." He said the AUN would take part in some demonstrations and support others, but would be careful not to be allied to particular political parties. "I think we have probably lifted the scab off the sore here, and now others are getting involved," Charles said. "It is a greater leverage than if we were operating on our own. "I think the seeds we have planted in the ground have taken root and it is good to see Spanish people are now fighting the fight."
Friday, June 09, 2006
AUN MEETING – BENISSA – 1.6.6
The meeting began at 16.15 with Charles Svoboda thanking the various people who spend many hours of each day working as volunteers for the AUN society.
AUN members were reminded that whilst meetings are regularly held in Benissa, they could be held in any town if people from the relevant area were prepared to arrange such a gathering.
MEDIA COVERAGE.
We were advised that a journalist and camera crew from the BBC TV in the UK would be attending the meeting during the afternoon.
In early May there was a very good TV documentary aired on the German television station ARD. Apparently this coverage shocked the Mayor of Benissa and it would seem that the TV programme plus the fight by local families has (for the moment) stopped the proposed development of the area known as Coma del Pou.
CONDOLENCES
Charles Svoboda passed on his condolences and those of the AUN members to Mrs Keightley on the loss her mother Mrs Watts, and to three other known families whose relatives (members of AUN) have passed during the last few months. Condolences from AUN are sent to Mrs Pat Dewar, Mrs Astrid Johnsen and Mrs Jose Ten Brink.
Mrs Keightly feels sure that the worries of the land problems were a major cause in the demise of her mother and she now intends to fight harder than ever for her rights.
It is of concern that the land problems are causing health and stress related problems. Members are reminded that a Stress document (compiled by a Psychologist who is himself caught up in land problems) is available upon application (contact mailmaster@abusos-no.org) and on our web site (www.abusos-no.org ).
RECENT DEVELOPMENTS
The meeting were pleased to hear that Mr Blasco had been demoted (to Minister for Health). However we were warned that the person taking his place, Esteban Gonzalez Pons, is known to be a tough guy, a lifelong politician and skilled propaganda expert.
It is felt that this change of ministers is due to the Valencian Government ´gearing up´ for the forthcoming elections.
ECONOMY
It is reported that Spain has a shaky economy. The property market is falling and the economy is in a fragile state (an article in El Mundo of June 1, is just one report on the situation). The Valencian region has excessive debt reported to be 11billion Euros , the highest per capita in Spain), despite receiving massive funding from Madrid and Brussels. Most towns are also deeply in debt, construction is slowing down, and the tourism trade is reporting falls in business.
The Socialist party, in opposition at the present time, is proposing to take " Urbanismo" and Environment as two of their principal themes for the elections next year.
EUROPE
The European Commission, following the Fact Finding Mission to Valencia, demanded changes both in the LRAU law and its replacement, the new LUV, because neither was in conformity with EU laws. Unfortunately prior to the LUV becoming law at least 122 new plans were rushed through within the last few days under the LRAU. The European Commission are well aware of this situation, are not happy, and have advised the Valencian Government that they have until 4th June to provide copies of the 122 projects as well as the new law and regulations for review in Brussels. If the Commission is not satisfied, Spain is on notice that it and thus Valencia should face further action through the Court of Justice – this may possibly be in September.
MEDIA
The newspaper El Mundo of lst June, reported on various issues related to the land problems, such as interest rates and the fact that the beneficiaries of the new developments are in fact the promoters and not the constructors. Euroweekly, CB News and the German language papers had given the "land grab" some adverse commentary. Apart from the BBC TV World crew coming to the AUN meeting (late arrival) both Granada and ITV would be preparing reports in the next few weeks. This is on top of extensive coverage on EuroNews, German , French and Belgian TV in recent weeks.
ESTATE AGENTS
It is reported that many Estate Agents are closing, others only open a few days each week. One Agent has reported to us that until recently he was in a position of selling at least one house per day, now he feels lucky if he finds one buyer per month. This estate agent is also in the unfortunate position of recently having purchased a new home for himself which he now finds is caught up in land problems.
MAYOR´S MEETING BENISSA
The Mayor of Benissa had in the past promised one meeting each year with the residents of the area. During the last week of May he met the German/Spanish residents on one evening, the English/Spanish the next.
Overnight (between the two meetings) the Mayor took time to read up on the laws and several of his comments were amended on the second evening - the main change being that several of the local Benissa plans will now be under the new LUV law, including La Llobella l & 2, plus Pedramala 1 & 2, Buseit 2 and Carrions.
As many areas of Benissa were not mentioned, the AUN has asked Paloma Hoffman (President of Vecinos de Costa Benissa) to liaise with the Mayor to find out which planned developments ( such as Beniver, Ronda Norte, Tossal del Tender, Hostalet (UE1) remain under LRAU and which must be dealt with under the LUV and the new regulations. (To explain , according to the Generalitat, any plans approved under LRAU before 1st February, but where the necessary "reparcialization, apportionment of costs, studies etc had not been completed are now to be under the LUV. We were also reminded that anyone affected by a PAI ( development plan) should ensure that any development around them has had the necessary Environmental Impact Study.
FAMILY IN MORAIRA
This family, after four years of legal battle through several courts and great expense, were recently informed that the case had been classed as invalid on a technicality, due to not being presented within the required time. Any Appeal to the Supreme Court could take up to four years. In the meantime, the developers had informed the homeowners that bulldozers would be arriving during the first week of June to demolish the east wall, take the land, plus ask for the infrastructure monies immediately. This notification was followed by another notice stating that the south wall would also be demolished in order to gain 20 centimetres of land on that side.
It is hoped that the fast action by the London Lawyers working for the AUN (Legal Fund) has halted the demolition (at least for the time being) by the threat of the case being already on its way to the Court of Human Rights in Strasbourg. In the meantime there are many AUN members and friends willing to stage a ´sit-in´ to keep the bulldozers away.
CHANGE – SPANISH COURTS
We were informed that when the new Statute of Autonomy for the regions become law in a few months, recourse to the Supreme Court in Madrid will end. Thus the Superior Tribunal of Justice in Valencia (TSJCV) will become the "Court of last resort" for all but rare constitutional issues.
VIGILENCE NEEDED
It is apparent that many Promoters and Developers do not fully understand the new LUV land laws and may be tempted to carry on as before, leaving the burden of stopping them to property owners and the courts. Home/land owners must be vigilant during this is a period of uncertainty . Fortunately pre-election sensitivity could be to our advantage.
The AUN believes that many proposed developments should now be classed under the new LUV law, in particular Monovar, Rocamar, Tibi, San Juan and Benicassim and some of those in Benissa. However all homeowners should check in their own areas.
AWARDS
A framed Certificate recently presented to Charles and Lisa Svoboda was displayed at the meeting. This Award was presented by the Ciudadanos Europeos. For more information on this society see website www.c-euro.org
The Valencian Nationalist (BLOC) opposition party also recently presented an award to the Svobodas for their determined efforts and enthusiastic fight on behalf of the Valencian home/land owners.
AUN SOCIETY
The land problems are not going away and there is still much work to be done in the fight against the land laws and on behalf of individual members.
Whilst the society has been approached by various political parties the AUN is careful not to become allied with any specific groups. There is to be a Protest in Valencia on 3rd June, and whilst there will be a few representatives from AUN present, the society itself is not organizing or sponsoring this event.
The society will however rally support for the family in Moraira should the bulldozers arrive – or for any families in similar circumstances in the future.
PRESS CONFERENCE
Formalities are in process, with statutes almost ready, for the forming of a National Federation of Associations (associations such as the AUN fighting the various land laws throughout the entire country of Spain – as all regions have similar laws under different names). The Federation will be able to deal with the national government and take matters to the European Parliament for the country as a whole.
ELECTIONS 2007
The AUN is preparing an action programme-a sort of manifesto –of matters and issues which should be dealt with by the Valencian Government to address land law and other vital problems. To the extent candidates in the local and regional elections endorse this platform, we will suggest that our members support them. AUN will not be forming its own political party at any level.
PRESIDENT OF AUN
Charles Svoboda announced that whilst he will still be an active member of the AUN, he will be resigning his office as President as of the next Annual General Meeting in October 06. Mr Svoboda formed the AUN society in October 2002 and he and his wife Lisa have fought on behalf of the Valencian homeowners as a full-time job (24 – 7 as the saying goes) since that time. For various reasons, mainly connected to the upcoming elections, it is now felt that the President of the AUN should be a Spaniard, so if anyone knows of a suitable candidate please put their name forward (with the person´s permission of course).
PADRONThe Society has recently been informed that some Town Halls require homeowners to re- register at the Padron perhaps on an annual basis. In some towns the final date for this year – which will entitle the homeowner to vote in the elections of 2007 – is the first week, ie. June 06. Families are therefore asked to check at their local town hall that they are in fact registered on the Padron and that their names appear on the electoral lists. The main benefit is that towns will received more subventions for schools, police and other municipal services.
COURT OF HUMAN RIGHTS
The London Lawyers acting for the AUN Legal Fund advise that they have in the region of fifty cases being processed for application to the Court of Human Rights in Strasbourg. About twelve of these should be lead cases, the rest being in support. We were reminded that to be eligible for a "lead" case to go to the ECHR there must have been a notification/change/problem etc within the previous six months. There should be more flexibility for support cases.
As previous Spanish and Italian land problem cases have set precedents and should allow new cases to reach the ECHR quickly: However this is still a complex legal process that will move at its own pace, and ´quickly´ can been twelve to eighteen months.
It will help in our fight considerably once the Mayors realize that homeowners are capable of having cases approved to be taken to the ECHR.
Any paid-up Legal Fund members of the AUN taking their case to ECHR through Irwin Mitchell, will have their Legal Registration Fee costs ( €300) refunded by the society – any other costs (which we are informed will be minimal) being payable by the homeowner.
INSURANCEThe Society is still looking into the possibility of "Clear title" Insurance for homeowners whereby (if paperwork is in order when the house was purchased) any land problem legal expenses would be paid by the relevant company and, dependant upon premium payments, the cover for full loss of property. As it is, because of the land laws here, Spain is the only country in western Europe, where such coverage is considered too risky by insurers.
ANY OTHER BUSINESS
New Members. Many homeowners send funds through a bank to join the Society, but fail to inform us of their contact details, in some cases we do not even know the names. If anyone is suggesting a friend/neighbour should join AUN, remind them to send all details to the Society. If anyone knows of a person joining but not receiving information (all messages are sent by e.mail) please ask them to contact the society.
E.Mails Many e.mail messages sent by the AUN Mailmaster are returned undelivered. This could be for several reasons including the installation of a Spam-buster which could be deleting the message or the person could have changed server and failed to inform the Society. Again, if anyone knows of a family not receiving messages, please ask them to contact Mailmaster.
Fight and Write AUN members are reminded that whilst the society is fighting on various fronts on behalf of the Valencian homeowners, it is also necessary for families to fight and write – addresses and a letter format where on display (these are also available on request by e.mail to the Mailmaster).
Illegal building work An AUN member mentioned that in her area of Teulada a local homeowner (who is the Manager of a local bank) has begun illegal building on his land. When the lady reported the fact to the local Town Hall she was thanked for her vigilance and the building work was stopped for now.
A similar event occurred in the Benissa area of Pedramala, when the widening of a road was stopped due to residents reporting the illegal work to the local Town Hall.
It is therefore essential that we are all vigilant and report any illegal building work in our areas to the Department of works,( Sección de.Obras) at our local Town Hall. If that doesn't solve the problem, then an "Instancia"- a simple form- should be filed with the Town Hall.
We were reminded that we can all write personally to the local Town Hall with grievances against the development plans or resultant environmental issues. All letters handed in at the local Town Halls should be presented in duplicate. Both copies will be rubber-stamped with a reference number, one copy is retained by the Council, the other being returned for the homeowner´s file.
If so inclined and for extra publicity towards the cause, anyone willing to do so, could invite a press photographer to take a shot of the presentation of the document at the Town Hall for the local newspapers.
Lawyers In answer to a question relating to which lawyers a homeowner should use, we were reminded that, as a general rule we should approach an office out of the area concerned and to ensure the company has no connections, relatives, or friends, in the relevant Town Hall.
Castellon It has been reported that homes in an area of Castellon, with Spanish residents, has been classed as illegal by the local Town Hall, who, in order to evict the families ordered Iberdrola to cut off the electric power to the properties. As the families had contracts with Iberdrola and their bills were paid up to date, the electricity being cut off was in fact an illegal offence.
Time Limit etc. A family asked if it was true that there is a limit, whereby if work is delayed and the plans are ten years old, they are classed as null and void. We were informed that the limit is more in the region of 4 or 5 years and that the developers can and often do apply to the Town Hall for extensions.
We were warned that some development companies start work, charge the local homeowners for infrastructure costs, then the company applies for bankruptcy and the building work remains unfinished. In some cases this has happened whereby a few houses are built on a new development but the new owners have no legal connections to electric, water or telephone, etc. The builders leave, or change the names of their firms, but the Town Hall will not permit the necessary connections as the development remains unfinished.
European Parliament A gentleman asked will happen with regard to the 122 plans applied for under LRAU before the end of January if the relevant Town Halls refuse to change the proposed developments to LUV. We were reminded that the European Commission has this in hand and may take the matter to the European Court of Justice. There are two deadlines for compliance the last being early fall.
We were reminded that all contracts for development which are valued in excess of 6 million Euros, must be advertised in the EU official bulletin and be open to tender within Europe. Homeowners with land problems must therefore be willing to search for this and various other facts (for instance the previously mentioned Environmental Study), relating to the proposed development which will affect them.
Town Hall blackmail Many Town Halls are turning down applications for home extensions or outbuildings unless land is handed over in return. In many towns (not Benissa so far) development money for future development projects is also demanded, even where the is no firm date as to when projects will be begun.
(Unfortunately the BBC TV crew did not arrive until long after the meeting had finished. Many thanks to the people who did stay to be filmed.)
The meeting began at 16.15 with Charles Svoboda thanking the various people who spend many hours of each day working as volunteers for the AUN society.
AUN members were reminded that whilst meetings are regularly held in Benissa, they could be held in any town if people from the relevant area were prepared to arrange such a gathering.
MEDIA COVERAGE.
We were advised that a journalist and camera crew from the BBC TV in the UK would be attending the meeting during the afternoon.
In early May there was a very good TV documentary aired on the German television station ARD. Apparently this coverage shocked the Mayor of Benissa and it would seem that the TV programme plus the fight by local families has (for the moment) stopped the proposed development of the area known as Coma del Pou.
CONDOLENCES
Charles Svoboda passed on his condolences and those of the AUN members to Mrs Keightley on the loss her mother Mrs Watts, and to three other known families whose relatives (members of AUN) have passed during the last few months. Condolences from AUN are sent to Mrs Pat Dewar, Mrs Astrid Johnsen and Mrs Jose Ten Brink.
Mrs Keightly feels sure that the worries of the land problems were a major cause in the demise of her mother and she now intends to fight harder than ever for her rights.
It is of concern that the land problems are causing health and stress related problems. Members are reminded that a Stress document (compiled by a Psychologist who is himself caught up in land problems) is available upon application (contact mailmaster@abusos-no.org) and on our web site (www.abusos-no.org ).
RECENT DEVELOPMENTS
The meeting were pleased to hear that Mr Blasco had been demoted (to Minister for Health). However we were warned that the person taking his place, Esteban Gonzalez Pons, is known to be a tough guy, a lifelong politician and skilled propaganda expert.
It is felt that this change of ministers is due to the Valencian Government ´gearing up´ for the forthcoming elections.
ECONOMY
It is reported that Spain has a shaky economy. The property market is falling and the economy is in a fragile state (an article in El Mundo of June 1, is just one report on the situation). The Valencian region has excessive debt reported to be 11billion Euros , the highest per capita in Spain), despite receiving massive funding from Madrid and Brussels. Most towns are also deeply in debt, construction is slowing down, and the tourism trade is reporting falls in business.
The Socialist party, in opposition at the present time, is proposing to take " Urbanismo" and Environment as two of their principal themes for the elections next year.
EUROPE
The European Commission, following the Fact Finding Mission to Valencia, demanded changes both in the LRAU law and its replacement, the new LUV, because neither was in conformity with EU laws. Unfortunately prior to the LUV becoming law at least 122 new plans were rushed through within the last few days under the LRAU. The European Commission are well aware of this situation, are not happy, and have advised the Valencian Government that they have until 4th June to provide copies of the 122 projects as well as the new law and regulations for review in Brussels. If the Commission is not satisfied, Spain is on notice that it and thus Valencia should face further action through the Court of Justice – this may possibly be in September.
MEDIA
The newspaper El Mundo of lst June, reported on various issues related to the land problems, such as interest rates and the fact that the beneficiaries of the new developments are in fact the promoters and not the constructors. Euroweekly, CB News and the German language papers had given the "land grab" some adverse commentary. Apart from the BBC TV World crew coming to the AUN meeting (late arrival) both Granada and ITV would be preparing reports in the next few weeks. This is on top of extensive coverage on EuroNews, German , French and Belgian TV in recent weeks.
ESTATE AGENTS
It is reported that many Estate Agents are closing, others only open a few days each week. One Agent has reported to us that until recently he was in a position of selling at least one house per day, now he feels lucky if he finds one buyer per month. This estate agent is also in the unfortunate position of recently having purchased a new home for himself which he now finds is caught up in land problems.
MAYOR´S MEETING BENISSA
The Mayor of Benissa had in the past promised one meeting each year with the residents of the area. During the last week of May he met the German/Spanish residents on one evening, the English/Spanish the next.
Overnight (between the two meetings) the Mayor took time to read up on the laws and several of his comments were amended on the second evening - the main change being that several of the local Benissa plans will now be under the new LUV law, including La Llobella l & 2, plus Pedramala 1 & 2, Buseit 2 and Carrions.
As many areas of Benissa were not mentioned, the AUN has asked Paloma Hoffman (President of Vecinos de Costa Benissa) to liaise with the Mayor to find out which planned developments ( such as Beniver, Ronda Norte, Tossal del Tender, Hostalet (UE1) remain under LRAU and which must be dealt with under the LUV and the new regulations. (To explain , according to the Generalitat, any plans approved under LRAU before 1st February, but where the necessary "reparcialization, apportionment of costs, studies etc had not been completed are now to be under the LUV. We were also reminded that anyone affected by a PAI ( development plan) should ensure that any development around them has had the necessary Environmental Impact Study.
FAMILY IN MORAIRA
This family, after four years of legal battle through several courts and great expense, were recently informed that the case had been classed as invalid on a technicality, due to not being presented within the required time. Any Appeal to the Supreme Court could take up to four years. In the meantime, the developers had informed the homeowners that bulldozers would be arriving during the first week of June to demolish the east wall, take the land, plus ask for the infrastructure monies immediately. This notification was followed by another notice stating that the south wall would also be demolished in order to gain 20 centimetres of land on that side.
It is hoped that the fast action by the London Lawyers working for the AUN (Legal Fund) has halted the demolition (at least for the time being) by the threat of the case being already on its way to the Court of Human Rights in Strasbourg. In the meantime there are many AUN members and friends willing to stage a ´sit-in´ to keep the bulldozers away.
CHANGE – SPANISH COURTS
We were informed that when the new Statute of Autonomy for the regions become law in a few months, recourse to the Supreme Court in Madrid will end. Thus the Superior Tribunal of Justice in Valencia (TSJCV) will become the "Court of last resort" for all but rare constitutional issues.
VIGILENCE NEEDED
It is apparent that many Promoters and Developers do not fully understand the new LUV land laws and may be tempted to carry on as before, leaving the burden of stopping them to property owners and the courts. Home/land owners must be vigilant during this is a period of uncertainty . Fortunately pre-election sensitivity could be to our advantage.
The AUN believes that many proposed developments should now be classed under the new LUV law, in particular Monovar, Rocamar, Tibi, San Juan and Benicassim and some of those in Benissa. However all homeowners should check in their own areas.
AWARDS
A framed Certificate recently presented to Charles and Lisa Svoboda was displayed at the meeting. This Award was presented by the Ciudadanos Europeos. For more information on this society see website www.c-euro.org
The Valencian Nationalist (BLOC) opposition party also recently presented an award to the Svobodas for their determined efforts and enthusiastic fight on behalf of the Valencian home/land owners.
AUN SOCIETY
The land problems are not going away and there is still much work to be done in the fight against the land laws and on behalf of individual members.
Whilst the society has been approached by various political parties the AUN is careful not to become allied with any specific groups. There is to be a Protest in Valencia on 3rd June, and whilst there will be a few representatives from AUN present, the society itself is not organizing or sponsoring this event.
The society will however rally support for the family in Moraira should the bulldozers arrive – or for any families in similar circumstances in the future.
PRESS CONFERENCE
Formalities are in process, with statutes almost ready, for the forming of a National Federation of Associations (associations such as the AUN fighting the various land laws throughout the entire country of Spain – as all regions have similar laws under different names). The Federation will be able to deal with the national government and take matters to the European Parliament for the country as a whole.
ELECTIONS 2007
The AUN is preparing an action programme-a sort of manifesto –of matters and issues which should be dealt with by the Valencian Government to address land law and other vital problems. To the extent candidates in the local and regional elections endorse this platform, we will suggest that our members support them. AUN will not be forming its own political party at any level.
PRESIDENT OF AUN
Charles Svoboda announced that whilst he will still be an active member of the AUN, he will be resigning his office as President as of the next Annual General Meeting in October 06. Mr Svoboda formed the AUN society in October 2002 and he and his wife Lisa have fought on behalf of the Valencian homeowners as a full-time job (24 – 7 as the saying goes) since that time. For various reasons, mainly connected to the upcoming elections, it is now felt that the President of the AUN should be a Spaniard, so if anyone knows of a suitable candidate please put their name forward (with the person´s permission of course).
PADRONThe Society has recently been informed that some Town Halls require homeowners to re- register at the Padron perhaps on an annual basis. In some towns the final date for this year – which will entitle the homeowner to vote in the elections of 2007 – is the first week, ie. June 06. Families are therefore asked to check at their local town hall that they are in fact registered on the Padron and that their names appear on the electoral lists. The main benefit is that towns will received more subventions for schools, police and other municipal services.
COURT OF HUMAN RIGHTS
The London Lawyers acting for the AUN Legal Fund advise that they have in the region of fifty cases being processed for application to the Court of Human Rights in Strasbourg. About twelve of these should be lead cases, the rest being in support. We were reminded that to be eligible for a "lead" case to go to the ECHR there must have been a notification/change/problem etc within the previous six months. There should be more flexibility for support cases.
As previous Spanish and Italian land problem cases have set precedents and should allow new cases to reach the ECHR quickly: However this is still a complex legal process that will move at its own pace, and ´quickly´ can been twelve to eighteen months.
It will help in our fight considerably once the Mayors realize that homeowners are capable of having cases approved to be taken to the ECHR.
Any paid-up Legal Fund members of the AUN taking their case to ECHR through Irwin Mitchell, will have their Legal Registration Fee costs ( €300) refunded by the society – any other costs (which we are informed will be minimal) being payable by the homeowner.
INSURANCEThe Society is still looking into the possibility of "Clear title" Insurance for homeowners whereby (if paperwork is in order when the house was purchased) any land problem legal expenses would be paid by the relevant company and, dependant upon premium payments, the cover for full loss of property. As it is, because of the land laws here, Spain is the only country in western Europe, where such coverage is considered too risky by insurers.
ANY OTHER BUSINESS
New Members. Many homeowners send funds through a bank to join the Society, but fail to inform us of their contact details, in some cases we do not even know the names. If anyone is suggesting a friend/neighbour should join AUN, remind them to send all details to the Society. If anyone knows of a person joining but not receiving information (all messages are sent by e.mail) please ask them to contact the society.
E.Mails Many e.mail messages sent by the AUN Mailmaster are returned undelivered. This could be for several reasons including the installation of a Spam-buster which could be deleting the message or the person could have changed server and failed to inform the Society. Again, if anyone knows of a family not receiving messages, please ask them to contact Mailmaster.
Fight and Write AUN members are reminded that whilst the society is fighting on various fronts on behalf of the Valencian homeowners, it is also necessary for families to fight and write – addresses and a letter format where on display (these are also available on request by e.mail to the Mailmaster).
Illegal building work An AUN member mentioned that in her area of Teulada a local homeowner (who is the Manager of a local bank) has begun illegal building on his land. When the lady reported the fact to the local Town Hall she was thanked for her vigilance and the building work was stopped for now.
A similar event occurred in the Benissa area of Pedramala, when the widening of a road was stopped due to residents reporting the illegal work to the local Town Hall.
It is therefore essential that we are all vigilant and report any illegal building work in our areas to the Department of works,( Sección de.Obras) at our local Town Hall. If that doesn't solve the problem, then an "Instancia"- a simple form- should be filed with the Town Hall.
We were reminded that we can all write personally to the local Town Hall with grievances against the development plans or resultant environmental issues. All letters handed in at the local Town Halls should be presented in duplicate. Both copies will be rubber-stamped with a reference number, one copy is retained by the Council, the other being returned for the homeowner´s file.
If so inclined and for extra publicity towards the cause, anyone willing to do so, could invite a press photographer to take a shot of the presentation of the document at the Town Hall for the local newspapers.
Lawyers In answer to a question relating to which lawyers a homeowner should use, we were reminded that, as a general rule we should approach an office out of the area concerned and to ensure the company has no connections, relatives, or friends, in the relevant Town Hall.
Castellon It has been reported that homes in an area of Castellon, with Spanish residents, has been classed as illegal by the local Town Hall, who, in order to evict the families ordered Iberdrola to cut off the electric power to the properties. As the families had contracts with Iberdrola and their bills were paid up to date, the electricity being cut off was in fact an illegal offence.
Time Limit etc. A family asked if it was true that there is a limit, whereby if work is delayed and the plans are ten years old, they are classed as null and void. We were informed that the limit is more in the region of 4 or 5 years and that the developers can and often do apply to the Town Hall for extensions.
We were warned that some development companies start work, charge the local homeowners for infrastructure costs, then the company applies for bankruptcy and the building work remains unfinished. In some cases this has happened whereby a few houses are built on a new development but the new owners have no legal connections to electric, water or telephone, etc. The builders leave, or change the names of their firms, but the Town Hall will not permit the necessary connections as the development remains unfinished.
European Parliament A gentleman asked will happen with regard to the 122 plans applied for under LRAU before the end of January if the relevant Town Halls refuse to change the proposed developments to LUV. We were reminded that the European Commission has this in hand and may take the matter to the European Court of Justice. There are two deadlines for compliance the last being early fall.
We were reminded that all contracts for development which are valued in excess of 6 million Euros, must be advertised in the EU official bulletin and be open to tender within Europe. Homeowners with land problems must therefore be willing to search for this and various other facts (for instance the previously mentioned Environmental Study), relating to the proposed development which will affect them.
Town Hall blackmail Many Town Halls are turning down applications for home extensions or outbuildings unless land is handed over in return. In many towns (not Benissa so far) development money for future development projects is also demanded, even where the is no firm date as to when projects will be begun.
(Unfortunately the BBC TV crew did not arrive until long after the meeting had finished. Many thanks to the people who did stay to be filmed.)
Sunday, June 04, 2006
Ciudadanos Europeos reports......
25 new judges against urbanistic delinquency
The general prosecutor has announced that 25 new judges will reinforce the work against “urbanistic delinquency”.
In a study made by a professor in sociology at the Alicante University, the intensive urbanistic policy of the Valencia government has created social unbalance, disregarding the rights of small property owners and causing irreparable environment problems.
see www.c-euro.org on how to become a member of Ciudadanos Europeas and receive regular information relating to living in Spain for European citizens from other countries.
25 new judges against urbanistic delinquency
The general prosecutor has announced that 25 new judges will reinforce the work against “urbanistic delinquency”.
In a study made by a professor in sociology at the Alicante University, the intensive urbanistic policy of the Valencia government has created social unbalance, disregarding the rights of small property owners and causing irreparable environment problems.
see www.c-euro.org on how to become a member of Ciudadanos Europeas and receive regular information relating to living in Spain for European citizens from other countries.
Saturday, June 03, 2006
ONE BIG DROP
It was made apparent yesterday that the Valencian Community will now received funds to the tune of 1,964 million Euros for development and infrastructures for the period 2007/2013, when over the previous six year period ending in December this year, the Community received 6,157 million Euros. According to Vicente Rambla, the Official Spokesman for the Valencian Government, this drop in funding is directly due to the total lack of any sort of negotiations being undertaken by the Socialist Government in Madrid during a recent EU summit. Mr. Rambla added that the Socialist Government has led to Spain 'having practically no influence at all' in EU decisions, leading to the country 'becoming the object of international ridicule'.
It was made apparent yesterday that the Valencian Community will now received funds to the tune of 1,964 million Euros for development and infrastructures for the period 2007/2013, when over the previous six year period ending in December this year, the Community received 6,157 million Euros. According to Vicente Rambla, the Official Spokesman for the Valencian Government, this drop in funding is directly due to the total lack of any sort of negotiations being undertaken by the Socialist Government in Madrid during a recent EU summit. Mr. Rambla added that the Socialist Government has led to Spain 'having practically no influence at all' in EU decisions, leading to the country 'becoming the object of international ridicule'.
