These noises and rumors have been inspired for decades by the historyfiction speeches of the various mayors of Pratdip.
“Planas is private. Planas has never been finished and that is why the Town Hall has never received it.
Let’s see what it is:
1. “Planas is private”
- No one at the Town Hall, no Mayor has ever been able to provide an official legal document attesting that “Planas is private”. Despite the multiple requests, never the beginning of a proof was provided. Worse, we are in possession of a decree of December 1968 which decides the integration of Planas for January 69.
- In the appeal file that the City Council provided in 2013 and which led the TSJC (Superior Court of Justice of Catalonia) to pronounce the sentence of dissolution of the EUCC, in no place Planas is defined as urbanization private.
The private word is not used at any time. It must be understood that if the City Council had been able to prove that Planas was private, it would have won the case and the EUCC would still exist and we would always pay him charges…
Saying it is one thing. To prove it is another.
2. “Planas has never been finished”
- It is probably true that some streets have not been tarred, that some houses are not connected to the sewer system, but it is above all an opinion of the Town Hall, an appreciation different between the Town Hall and the Promoter Francis Lebasque (developer long deceased).
This different that does not concern the owners should have been decided in his time by justice. However, to our knowledge justice has never confirmed this opinion of the City Council. - As you probably know, the Town Hall which has long owned the infrastructure of Planas has granted a large number of building permits (calle Clavel, Orquidéa, Gladiolo etc …).
However, you can not grant a building permit in an urbanization not completed. It’s impossible.
By granting building permits, the City Council acknowledged that Planas was finished and was now “consolidated urban soil”.
3. “Planas has never been received by Pratdip City Council”
- It’s true, but by creating the EUCC in 1987, the City Council, which may have been in the forefront of Planas’ re-urbanization project, was not able during the 5 years that followed to bring it Oh good.
- The TSJC, in 2016, dissolved the “administrative entity” (EUCC) created by the municipality in 1987, and the notion of legal vacuum does not exist, it is the town hall, supervision of this EUCC which is in minimum services charge in Planas
Performing these minimum services is for her a legal obligation. This was recognized and voted by a majority of councilors in Pratdip’s October City Council and against the Mayor’s advice.
4. the current Mayor says: “we can not apply the sentence of 21 July 2016 (dissolution of the EUCC), because there is that of 20 (reparcellisatio / re-urbanization) and for that, we need the EUCC”.
Recall that these two sentences are firm and without appeal possible.They MUST be applied.
What happened?
– On the 20th, three judges are gathered around the file which deals with the reparcellation and plan of re-urbanization of Planas. The 20 EUCC still exists and the judges consider that Planas must be re-urbanized according to the conditions foreseen by the project (which include the EUCC).
– But on the 21st, the EUCC is dissolved by three other judges in another room of the TSJC…
This Tribunal, consulted by our counsel, says that these two sentences must be applied without restrictions and applied separately.
Essentially:
– you have to dissolve
– AND we must re-urbanize.
Yes, but as the EUCC no longer exists, it is necessary to re-urbanize from the Town Hall. Note that this is what everyone does everywhere in Spain, France and Europe. This is what Montroig does with Masos d’en Blader. No more no less. Because it is in fact the normal way for this kind of project.
Of course it does not please the Mayor at all because it assumes that the City Hall will have to do its job: to get subsidies from local authorities and the Spanish state, and that it will have to pay part of the work.
And of course, that will be part of the municipal budget.
For the owners of Planas, instead, instead of paying 100% of the work (remember what was planned for a plot of 1000m2: 25,000 €), it will pay more than 50% or 30%…
To summarize:
The EUCC no longer exists. It no longer exists since July 21, 2016 “at the time when the judges pronounce the sentence”, we even explains the Judge Application Sentences.
The Mayor of Pratdip is now the only person in Spain to believe that this Entity still exists (see on latribunedeplanas.com, the attestation of the Generalitat, the sentence of the TSJC, the notification of the Judge of the application of the 12/12/2017)
The City Council must provide the minimum services. She has the obligation. If she does not, she is exposed to criminal penalties.
But, to assume the minimum services is to integrate us. We understand that the Mayor dragged his feet…
The disappearance of the EUCC leads to the NULLITY of all the convenios, including the current POUM which will have to be renegotiated and thus of the management modalities of the works (see the instance deposited at the town hall by our association the AVPR).
The Re-urbanization project will have to be carried out as required by the TSJC’s 20/07/2016 sentence, but in a classic way, as do all the surrounding municipalities (Montroig with Masos d’en Blader, Hospitalet with Vanessa park, etc…) without the intervention of the EUCC now dissolved.
The liquidation of the EUCC therefore leads to a postponement of everything concerning the EUCC under the responsibility of the City Council.
Which means :
– That employees and workers of the EUCC pass under the responsibility of the City Council from 21/07/2016 day the sentence of dissolution was pronounced.
– From this date, it is up to the town hall to keep the employees or dismiss them and to take all appropriate steps.
– That all the assets of the EUCC return to the City Council. The City Council may mandate the liquidation entity to organize the sale of assets knowing that the liquidation entity can not cash and that all checks must be made in the name of the City Council.
– That all complaints or actions directed against the EUCC will be the responsibility of the City Council.
This means that Planas owners are not responsible for the actions of the ex-EUCC liquidation entity.
The judgment of the TSJC ordering the dissolution of the EUCC makes us understand that this EUCC should have been dissolved in 1993.
– That is to say, since 1993, we would not have to pay any charges (“quotas”) to this entity.
– That is to say that our property tax, the IBI, (250.000 €), should have been used for the maintenance of our urbanization.
– That is, our IBI was diverted to Pratdip’s exclusive “good” while our urbanization was adrift and we had to pay ever higher charges.
– That is to say that the subsidy of the Vandellos power station (250,000 €) should have been used, at least partially to bring our urbanization up to standard
– By refusing the decisions of the Superior Court of Justice of Catalonia
– By refusing to recognize the dissolution of the EUCC
– By refusing to apply the minimum services imposed by law.
– By refusing to renegotiate the conventions in place of the dissolved EUCC (eg COMAIGA)
– By discriminating against the inhabitants of Planes del Rei (Article 22, Title 3 of the European Charter)
THE PRATDIP MAYOR IS DELIBERABLY OUT OF THE LAW
But we Planas residents, on our side, must ensure that no one recreates a club owners or a new EUCC to manage our urbanization.
People want to create chaos in Planas to encourage a step back. Let’s take care…
No one in Planas wants to pay again after General Meetings(AG), as we have known so much.
No one in Planas wants to pay 100% of the re-urbanization work.
We want to live like the other urbanizations of Hospitalet, Montroig, these “normal” municipalities that surround us.
For that, do not let us do it. We are in our right.
Association of Neighbors of Planes del Rei (AVPR- SOSPlanas)
– Read also : The town hall of Pratdip agrees to receive the common areas of the urbanisation
– Read also : Sentence of the Superior Court of Justice of Catalonia
– Read also : The Generalitat of Catalunya certifies the dissolution of the EUCC
