Sunday, October 01, 2006
Abusos Urbanisticos No
Minutes of Meeting
Bar Chez Flo. Benissa. 28.9.6
The meeting began soon after 16.00 with Charles Svoboda introducing the committee members present Lisa Svoboda, Wilhelmina Hardee (Treasurer), Jan Richards (Membership secretary) and Hubert Vockensberger and also Paloma Hoffman (President of the local Benissa Costa Residents Association).
ANNUAL GENERAL MEETING 2006
The AGM for 2006 will be held as in previous years at the Casa de Cultura, Denia, the date could be either 27th October or 10th November – dependant upon the availability of the venue.
This year´s meeting will be an important event with a major shake-up in the organisation of AUN. Charles Svoboda will be stepping down as President and it is hoped that Enrique Climent (presently the Vice-President) will take over the running of the Society. There will also be a change within the Vocales (committee members) with new people offering their services and others resigning. Raquel Paz has put her name forward to be the Society´s Secretary in place of Jonathon Lambert.
Charles Svoboda went on to explain his reasons for standing down as President. The reasons being due to his opinion that the Society should now be led and run by Spanish people following the increase in Spanish members joining the Society, with the upcoming elections (May 2007) which could affect the outcome of the fight against land problems - and no doubt also because he (and his wife Lisa) has spent 24 hours of each and every day for the last five years fighting the LRAU and LUV.
Elections 2007
To avoid any possible problems in voting at the 2007 elections, the membership are advised that they should visit their Town Hall as soon as possible to ensure their names are on the Padron. Next January we should all make another visit to that office to ensure our names are actually on the Voting List.
Paloma Hoffman and Charles Svoboda recommend that members consider the environment and their local communities by supporting independent groups who are running for local government. In most cases majority regimes, be they PP or PSOE tend to disrespect the rights of existing property owners, and minority governments should ensure more checks and balances.
Valencia Superior Tribunal
Despite payments given to solicitors and promises received, after three years there is still no result known regarding the case put to the Valencia Superior Tribunal relating to the Benissa PGOU ( town plan). It reveals incompetance and/ or political games within the legal system.
---------------------------------
At this stage of the meeting, whilst of interest to those present, time was given over to local news for the residents of Benissa.
Two interesting pieces of news were related to the Mayor of Benissa.
Firstly the Mayor had agreed to land being taken for the building of a commercial warehouse. The land taken was in fact part of the local cemetery – the clearing of the land resulted in bones being dug up, moved and dumped as land fill. Local residents are not happy!
Secondly – the Mayor has over the past few years accused Charles and Lisa Svoboda of having an illegal property despite the fact that their paperwork is all in order. It transpires that the Mayor is in the process of having a house built for his own family which is completely illegal with no proper paperwork. He as Mayor, and his deputy, signed the town hall's authorization. The previous "Conseja" for Urbansmo in Benissa quit her high paid post in June, due to such games on the part of the Mayor. (This has left the mayor's party without a majority, which should prevent the approval of any new plans before the elections.)
- - - - -
Paloma Hoffman (President of Benissa Costa Residents Association) then advised the residents present that they should appeal to the Catastro with regard to the increase in local taxes – which in some cases have gone up by some 70% in the past two years. There may be a timeframe in which complaints can be put to the office (possibly 2 months), so families should attend to this as soon as possible. Paloma agreed to prepare a sample letter in Spanish for this purpose.
Due to traffic problems near to the big Pepe La Sal supermarket – at the road to Tico Tico Restaurant, the council has agreed plans to build a roundabout and widen the road. !
It appears people from surrounding towns are using the rubbish collection point at Pedramala to dispose of all items from furniture, garden refuse and normal household garbage, resulting in the area looking very untidy. The Mayor has promised new arrangements-after the next elections.
Approval has been granted by Benissa Town Hall regarding the construction of a new private hospital (affiliated with and similar to the new Levante in Benidorm) which may be built near the new National Health clinic. More health centres are planned to be built locally. There will also be new facilities available for more complex procedures under the social health plan.
A person present asked Paloma for an update on the Fustera area of Benissa and was advised that the work being started is in fact for road-widening. Road widening has begun in various places along the coast road.
The proposed straightening of the N332 in Benissa is again on hold. The original plan agreed involves the demolition of three homes, the second plan recently approved (By the Economic Ministry (Fomento) means the loss of ten houses, various other property and land. There is an application lodged by the town hall to return to the original plan.
At the Ronde Norte area, taxes have increased considerably, families are losing land and people are now beginning to complain and join in the fight against the land laws.
-----------------
Media coverage of land problems
We were advised that the BBC made a very informative programme, subsequently ITV have filmed in the area. The ITV had intended using a small section of a holiday programme to tell the story of the land problems. During their visit they obtained so much footage and information that the Company decided to make an entire programme relating to the land problems – hopefully to be aired in October. Richochet TV are also returning to make a further programme for British TV – this time for nationwide distribution not just local areas of the UK.
Present at the meeting was a reporter from RTE Ireland – who is looking for Irish families caught up in the land problems. Anyone from Ireland is asked to contact Liam Moore tel.0034 651451888 or e.mail moorelm@hotmail.com
Various newspapers, including the Washington Post, have recently shown interest in covering the Valencian land story. THe Correspondent for the Washigton Post (John Anderson who is based in Paris) will be here from October 2-6 . Members are asked to cooperate with him and Eddie Thomas from Ricochet, who will be here later in October.
Whilst there has been considerable coverage of land problems in the Spanish press throughout the summer, the AUN has been lowering its profile in order to save some items to be reported throughout the winter.
Protests re land problems
It will no doubt be necessary for the AUN to organise and take part in a protest march in Valencia - before the next elections - either in March or April 2007.
BRUSSELS
The summer months have been busy for Chuck and Lisa Svoboda due to the continued work involved and the communications needed with the British Legal Firm in arranging cases for the Court of Human Rights. At present the AUN understands there are approximately 40 cases being considered for the ECHR.
Information regarding land problems is regularly passed to the European Commission. The Commission will likely be taking Spain to the European Court of Justice as regards violation of EU rules on Public Contracts . Complaints include the fact that the Commission does not like either the LRAU nor the wording of the LUV laws. A separate complaint is being prepared concerning the violation of human rights-this will also be used for a Council of Europe submission early next year.
Next month MEPs will be meeting the EU Internal Markets Commissioner. The situation here in Valencia regarding the excessive building work, which often involve breaches of EU law, will be one of the items to be discussed.
With the land grab being against Human Rights, infringement of property rights etc the matter will be in the hands of European Commission, the Council of Europe and Strasbourg by the end of this year.
It is interesting that the new countries applying to join the European Union are being told that they must abide by European laws yet Spain, a founder member country, ignores the laws of Europe.
The European Commission is aware of Spain´s activities whereby it is trying to take over companies from other parts of Europe while keeping its own businesses (such as Endesa) entirely Spanish, sanctions and penalties may be put into place.
TITLE INSURANCE
Over a year ago, several firms (both from the UK and USA) were interested in offering insurance protection against land grab for houses where the paperwork was in order and we were told that it was 90% sure that such cover would be possible . However, the same companies are now saying it is impossible to offer insurance cover to property/land owners in Spain, claiming that because of the "legal" land grab, it would be like offering policies on burning buildings .
GOOD NEWS
Whilst wanting to stay modest – it is felt that the AUN has made a significant impact in its fight against the Valencian land laws. The fact that the Government felt it necessary to bring in a new law to supercede the LRAU, the demotion of Sr Blasco plus the fact of the property market being in a state of decline are all no doubt due to the efforts of the AUN.
The Valencian Gvt post held by Sr.Blasco was recently taken over by Gonzalez Pons who immediately asked for a meeting with AUN leaders. Enrique Climent met with Sr Pons in June. Soon after the meeting a letter was received from Mr Pons advising that he would cooperate with the AUN as much as possible. At a different meeting, we are advised by the British Ambassador that the first words from Mr Pons were with regard to the land problems and the fact that he would be keeping in regular contact with the AUN.
Gonzalez Pons has asked for an open debate on Urbanisation to take place before the elections next year. In the meantime at a recent press conference Mr Pons and the President of the Valencian Community said that there would be no changes to the LUV to ensure it conformed to European law. Next month there is to be a meeting of diplomats in Madrid – Mr Pons will be attending – the AUN will be sending various items of information for discussion.
Due to Ministerial intervention (following our letters to him) plans have been suspended in the Rocamora district and also in the area of Gandia. Unfortunately the bad news is that in some other places and despite being told to stop work the builders continue.
There is to be a protest gathering in Valencia on Saturday 30th October relating to the land problems, whilst the AUN is not taking part as a whole, there will be representatives of the Society joining the manifestation.
Before closing the meeting Mr Svoboda advised that while the AUN activities have seemed very quiet in the last few months, there have been several radio interviews, reporters visiting the area, and work has been going on behind the scenes in the constant fight against the land laws.
Following thanks to Malcolm for use of the PA system and Bar Chez Flo for allowing the meeting to take place in their garden area, the meeting closed at approximately 18.00.
Questions followed.
One gentleman asked whether German media is as forthcoming as the British Press/TV in covering the land problems.
The answer being that there have recently been two programmes aired on different German TV stations, (one on ARD being a 30minute programme). ( A correspondent from the second German channel is to come here soon.) This is repeated on a regular basis. The land problem story has also recently been covered by newspapers in France and Belgium. Euronews (which is broadcast in several languages) has also covered the problem and a report has also been shown on Swiss TV.
The second question related to a threatened Plan Parcial where it is to come under LRAU despite work not having yet begun. This problem exists when the plans were approved prior to February 2006 – however if there have been any changes to the original plans then there is reason to make a complaint to the local council and for application to be made for the building work to come under LUV which would normally involve less money and less land being involved.
The third speaker advised that his local council had considered all the homeowners paperwork to be false despite the fact that it is all legally in order. When a complaint was made that the homeowner did not want to cede land at the front of his home, the Council told him to give up the land at the front but to take land at the back from his neighbour in compensation !!!
A suggestion was made that it would be helpful if the European Union had an office in Valencia. There is a n EU office in Madrid which covers the whole of Spain. In Brussels the Valencian region has 11 delegates – the largest representation from any region in an EU member state area. The cost of keeping representatives installed in Brussels , mainly to lobby MEP's and officials is exorbitant, so the cost of eleven delegates does not help with the Valencian region debt which is purported to be 15 billion euros, with the public institutions of the communidad owing a similar amount. Nor has this representation been very effective so far, as last December's vote on the "land grab" investigation revealed.
The next meeting will likely be in December, depending on the date of the AGM.
Minutes of Meeting
Bar Chez Flo. Benissa. 28.9.6
The meeting began soon after 16.00 with Charles Svoboda introducing the committee members present Lisa Svoboda, Wilhelmina Hardee (Treasurer), Jan Richards (Membership secretary) and Hubert Vockensberger and also Paloma Hoffman (President of the local Benissa Costa Residents Association).
ANNUAL GENERAL MEETING 2006
The AGM for 2006 will be held as in previous years at the Casa de Cultura, Denia, the date could be either 27th October or 10th November – dependant upon the availability of the venue.
This year´s meeting will be an important event with a major shake-up in the organisation of AUN. Charles Svoboda will be stepping down as President and it is hoped that Enrique Climent (presently the Vice-President) will take over the running of the Society. There will also be a change within the Vocales (committee members) with new people offering their services and others resigning. Raquel Paz has put her name forward to be the Society´s Secretary in place of Jonathon Lambert.
Charles Svoboda went on to explain his reasons for standing down as President. The reasons being due to his opinion that the Society should now be led and run by Spanish people following the increase in Spanish members joining the Society, with the upcoming elections (May 2007) which could affect the outcome of the fight against land problems - and no doubt also because he (and his wife Lisa) has spent 24 hours of each and every day for the last five years fighting the LRAU and LUV.
Elections 2007
To avoid any possible problems in voting at the 2007 elections, the membership are advised that they should visit their Town Hall as soon as possible to ensure their names are on the Padron. Next January we should all make another visit to that office to ensure our names are actually on the Voting List.
Paloma Hoffman and Charles Svoboda recommend that members consider the environment and their local communities by supporting independent groups who are running for local government. In most cases majority regimes, be they PP or PSOE tend to disrespect the rights of existing property owners, and minority governments should ensure more checks and balances.
Valencia Superior Tribunal
Despite payments given to solicitors and promises received, after three years there is still no result known regarding the case put to the Valencia Superior Tribunal relating to the Benissa PGOU ( town plan). It reveals incompetance and/ or political games within the legal system.
---------------------------------
At this stage of the meeting, whilst of interest to those present, time was given over to local news for the residents of Benissa.
Two interesting pieces of news were related to the Mayor of Benissa.
Firstly the Mayor had agreed to land being taken for the building of a commercial warehouse. The land taken was in fact part of the local cemetery – the clearing of the land resulted in bones being dug up, moved and dumped as land fill. Local residents are not happy!
Secondly – the Mayor has over the past few years accused Charles and Lisa Svoboda of having an illegal property despite the fact that their paperwork is all in order. It transpires that the Mayor is in the process of having a house built for his own family which is completely illegal with no proper paperwork. He as Mayor, and his deputy, signed the town hall's authorization. The previous "Conseja" for Urbansmo in Benissa quit her high paid post in June, due to such games on the part of the Mayor. (This has left the mayor's party without a majority, which should prevent the approval of any new plans before the elections.)
- - - - -
Paloma Hoffman (President of Benissa Costa Residents Association) then advised the residents present that they should appeal to the Catastro with regard to the increase in local taxes – which in some cases have gone up by some 70% in the past two years. There may be a timeframe in which complaints can be put to the office (possibly 2 months), so families should attend to this as soon as possible. Paloma agreed to prepare a sample letter in Spanish for this purpose.
Due to traffic problems near to the big Pepe La Sal supermarket – at the road to Tico Tico Restaurant, the council has agreed plans to build a roundabout and widen the road. !
It appears people from surrounding towns are using the rubbish collection point at Pedramala to dispose of all items from furniture, garden refuse and normal household garbage, resulting in the area looking very untidy. The Mayor has promised new arrangements-after the next elections.
Approval has been granted by Benissa Town Hall regarding the construction of a new private hospital (affiliated with and similar to the new Levante in Benidorm) which may be built near the new National Health clinic. More health centres are planned to be built locally. There will also be new facilities available for more complex procedures under the social health plan.
A person present asked Paloma for an update on the Fustera area of Benissa and was advised that the work being started is in fact for road-widening. Road widening has begun in various places along the coast road.
The proposed straightening of the N332 in Benissa is again on hold. The original plan agreed involves the demolition of three homes, the second plan recently approved (By the Economic Ministry (Fomento) means the loss of ten houses, various other property and land. There is an application lodged by the town hall to return to the original plan.
At the Ronde Norte area, taxes have increased considerably, families are losing land and people are now beginning to complain and join in the fight against the land laws.
-----------------
Media coverage of land problems
We were advised that the BBC made a very informative programme, subsequently ITV have filmed in the area. The ITV had intended using a small section of a holiday programme to tell the story of the land problems. During their visit they obtained so much footage and information that the Company decided to make an entire programme relating to the land problems – hopefully to be aired in October. Richochet TV are also returning to make a further programme for British TV – this time for nationwide distribution not just local areas of the UK.
Present at the meeting was a reporter from RTE Ireland – who is looking for Irish families caught up in the land problems. Anyone from Ireland is asked to contact Liam Moore tel.0034 651451888 or e.mail moorelm@hotmail.com
Various newspapers, including the Washington Post, have recently shown interest in covering the Valencian land story. THe Correspondent for the Washigton Post (John Anderson who is based in Paris) will be here from October 2-6 . Members are asked to cooperate with him and Eddie Thomas from Ricochet, who will be here later in October.
Whilst there has been considerable coverage of land problems in the Spanish press throughout the summer, the AUN has been lowering its profile in order to save some items to be reported throughout the winter.
Protests re land problems
It will no doubt be necessary for the AUN to organise and take part in a protest march in Valencia - before the next elections - either in March or April 2007.
BRUSSELS
The summer months have been busy for Chuck and Lisa Svoboda due to the continued work involved and the communications needed with the British Legal Firm in arranging cases for the Court of Human Rights. At present the AUN understands there are approximately 40 cases being considered for the ECHR.
Information regarding land problems is regularly passed to the European Commission. The Commission will likely be taking Spain to the European Court of Justice as regards violation of EU rules on Public Contracts . Complaints include the fact that the Commission does not like either the LRAU nor the wording of the LUV laws. A separate complaint is being prepared concerning the violation of human rights-this will also be used for a Council of Europe submission early next year.
Next month MEPs will be meeting the EU Internal Markets Commissioner. The situation here in Valencia regarding the excessive building work, which often involve breaches of EU law, will be one of the items to be discussed.
With the land grab being against Human Rights, infringement of property rights etc the matter will be in the hands of European Commission, the Council of Europe and Strasbourg by the end of this year.
It is interesting that the new countries applying to join the European Union are being told that they must abide by European laws yet Spain, a founder member country, ignores the laws of Europe.
The European Commission is aware of Spain´s activities whereby it is trying to take over companies from other parts of Europe while keeping its own businesses (such as Endesa) entirely Spanish, sanctions and penalties may be put into place.
TITLE INSURANCE
Over a year ago, several firms (both from the UK and USA) were interested in offering insurance protection against land grab for houses where the paperwork was in order and we were told that it was 90% sure that such cover would be possible . However, the same companies are now saying it is impossible to offer insurance cover to property/land owners in Spain, claiming that because of the "legal" land grab, it would be like offering policies on burning buildings .
GOOD NEWS
Whilst wanting to stay modest – it is felt that the AUN has made a significant impact in its fight against the Valencian land laws. The fact that the Government felt it necessary to bring in a new law to supercede the LRAU, the demotion of Sr Blasco plus the fact of the property market being in a state of decline are all no doubt due to the efforts of the AUN.
The Valencian Gvt post held by Sr.Blasco was recently taken over by Gonzalez Pons who immediately asked for a meeting with AUN leaders. Enrique Climent met with Sr Pons in June. Soon after the meeting a letter was received from Mr Pons advising that he would cooperate with the AUN as much as possible. At a different meeting, we are advised by the British Ambassador that the first words from Mr Pons were with regard to the land problems and the fact that he would be keeping in regular contact with the AUN.
Gonzalez Pons has asked for an open debate on Urbanisation to take place before the elections next year. In the meantime at a recent press conference Mr Pons and the President of the Valencian Community said that there would be no changes to the LUV to ensure it conformed to European law. Next month there is to be a meeting of diplomats in Madrid – Mr Pons will be attending – the AUN will be sending various items of information for discussion.
Due to Ministerial intervention (following our letters to him) plans have been suspended in the Rocamora district and also in the area of Gandia. Unfortunately the bad news is that in some other places and despite being told to stop work the builders continue.
There is to be a protest gathering in Valencia on Saturday 30th October relating to the land problems, whilst the AUN is not taking part as a whole, there will be representatives of the Society joining the manifestation.
Before closing the meeting Mr Svoboda advised that while the AUN activities have seemed very quiet in the last few months, there have been several radio interviews, reporters visiting the area, and work has been going on behind the scenes in the constant fight against the land laws.
Following thanks to Malcolm for use of the PA system and Bar Chez Flo for allowing the meeting to take place in their garden area, the meeting closed at approximately 18.00.
Questions followed.
One gentleman asked whether German media is as forthcoming as the British Press/TV in covering the land problems.
The answer being that there have recently been two programmes aired on different German TV stations, (one on ARD being a 30minute programme). ( A correspondent from the second German channel is to come here soon.) This is repeated on a regular basis. The land problem story has also recently been covered by newspapers in France and Belgium. Euronews (which is broadcast in several languages) has also covered the problem and a report has also been shown on Swiss TV.
The second question related to a threatened Plan Parcial where it is to come under LRAU despite work not having yet begun. This problem exists when the plans were approved prior to February 2006 – however if there have been any changes to the original plans then there is reason to make a complaint to the local council and for application to be made for the building work to come under LUV which would normally involve less money and less land being involved.
The third speaker advised that his local council had considered all the homeowners paperwork to be false despite the fact that it is all legally in order. When a complaint was made that the homeowner did not want to cede land at the front of his home, the Council told him to give up the land at the front but to take land at the back from his neighbour in compensation !!!
A suggestion was made that it would be helpful if the European Union had an office in Valencia. There is a n EU office in Madrid which covers the whole of Spain. In Brussels the Valencian region has 11 delegates – the largest representation from any region in an EU member state area. The cost of keeping representatives installed in Brussels , mainly to lobby MEP's and officials is exorbitant, so the cost of eleven delegates does not help with the Valencian region debt which is purported to be 15 billion euros, with the public institutions of the communidad owing a similar amount. Nor has this representation been very effective so far, as last December's vote on the "land grab" investigation revealed.
The next meeting will likely be in December, depending on the date of the AGM.
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