On March 22nd 2018, a CRA delegation attended the Murcia Regional Assembly in Cartagena to witness the Regional Parliament vote unanimously to approve and accept the Paper (Report) compiled after a 2 year investigation by a special commission into the planning and construction of the Camposol urbanisation, the commission inspected hundreds of documents and summoned numerous officials to give evidence, the resulting Report was extensive and covered some 35 pages at the end of which 24 serious Conclusions and Observations were listed leading to 14 Proposals and Recommendations which are translated below.
CONCLUSIONS and OBSERVATIONS
The addition to the Mazarrón PGOU (General Urban Plan) of the Plan Parcial El Saladillo Sector A and Sector B, C, D and F were approved without the reports of the CHS (National Rivers Authority).
The CARM (Murcia Regional Authority) did not check if the Revised Text of the approval of the Plan Parcial El Saladillo Sector B, C, D, and F had addressed all the deficiencies reflected in the report dated 8th July 1999.
The urbanisation works of the Plan Parcial of Sector B, C, D, and F were started before the Plan Parcial was definitively approved.
Reported in the year 2000, the Commission for Town Planning of the Town Council of Mazarrón alerted that the urbanisation works of the Plan Parcial El Saladillo Sector B, C, D and F were being executed irregularly.
Between the year 2000 and November of the year 2003 the Promoter Justo y Manoli, SL executed the urbanisation works without Municipal (Mazarrón Town Hall) supervision, nor the supervision of the CHS.
The first Municipal report that warns of the serious irregularities in the development of the Plan Parcial El Saladillo Sector B, C, D and F is dated May 2004.
The Rambla de Los Aznares was illegally channelled between the year 2000 and November of 2003 without the vigilance or supervision of both, the Town Council of Mazarrón and the CHS.
In order to resolve the serious irregularities in the development of the Plan Parcial El Saladillo Sector B, C, D and F, the Town Council of Mazarrón decides to modify the Plan Parcial to adapt it to the factual reality.
The JGL (Governing Board) of the Town Council of Mazarrón initially approved the modification of the Plan Parcial El Saladillo Sector B, C, D and F, in spite of warnings from the municipal technicians on the irregularities detected in the planning of the development.
At the end of the year 2003 there were several houses under construction in the riverbed and the delimitation area (Flood plain) of the Rambla de Los Aznares.
The Rambla de Los Aznares was channelled by the promoter Justo y Manoli, SL, without being included in the urbanistion project approved by the Town Council of Mazarrón in the year 2000.
An aerial photo of the year 1981 shows that the path of the riverbed of the Rambla de Los Aznares appears perfectly graphed in the cartography in the Plan Parcial El Saladillo Sector B, C, D and F.
A certificate from the Catastral Management Centre certifies that the Rambla de Los Aznares belongs to the DPH of the Segura basin (CHS).
The Promoter Justo y Manoli, SL. ignored the order of the TSJ (Murcia Supreme Court) of 2008 that prevented the construction on the riverbed and the delimitation area of the Rambla de Los Aznares.
In 2010 the TSJ sentenced the promoter Justo y Manoli, SL., to pay more than 3.6 million euros to the City Council of Mazarrón for the construction of 724 houses without municipal license of works.
The Town Council of Mazarrón did not enforce the sentences of the TSJ that sentenced the promoter to pay more than 3.6 million euros, nor communicated to the bankruptcy administration of the Company Justo y Manoli, SL this credit to be part of the bankruptcy debts.
The current situation of the urbanisation can cause serious safety problems for the users of the area.
The Town Council of Mazarrón initiated the administrative procedure to seize the guarantees deposited by the promoter Justo y Manoli, SL. In order to complete the urbanisation works, but failed to enforce them.
In April 2011 the Town Council of Mazarrón considered itself appropriate to proceed in taking control as urbanisation agent (developer) of the Plan Partial El Saladillo Sector B, C, D and F.
In August 2014, the Town Council of Mazarrón adopted the urbanisation works against the criterion of the Secretary General of the Town Hall.
The current state of the Rambla de los Aznares implies a certain risk for properties and people.
The mobility and habitability of the residents is seriously jeopardized by the serious deterioration of some areas and the lack of basic infrastructures that are affecting the quality of life of the residents.
The Town Council of Mazarrón, the CARM and the CHS allowed and/or compromised the execution of works not envisaged in the planning instruments.
It is unacceptable that unplanned realities could be executed without the Town Council of Mazarrón, the CARM and the CHS doing anything to prevent it.
PROPOSALS and RECOMMENDATIONS
In recognition that it is not possible to solve the serious problems created for the almost 5,000 inhabitants of the Camposol urbanisation unless there is a manifest will on the part of all the administrations involved to do so using joint ways and means. It is for this reason, we recommend the creation of a roundtable Committee in which Mazarrón Town Hall, the CARM (Comunidad Autónoma Región de Murcia – Regional Government) and the CHS will have the facility to plan, coordinate and execute the necessary measures for the prompt reversal of the current situation to that of legality.
Although it is true that the adaptation of the PGOU of Mazarrón in relation to the factual reality of the Plan Parcial El Saladillo Sector B, C, D and F is not an orthodox procedure, we understand that at the moment is the most acceptable of the solutions to legalise the urban planning of the Camposol urbanisation. Therefore, it is recommended to the administrations (local, regional and central), within the Committee, that the first point proposed is, to agree on the quickest way to do so. Always considering that the urban planning has to be guided by the defence of the general interests, more specifically to the urban public interest, with absolute respect for the legalities.
We must not forget that the adaptation of planning to reality poses a risk of incurring a possible deviation of power that could be grounds for nullifying such planning, according to that which has been established by the Supreme Court, so there has to be extreme caution in this regard. On the other hand, it should not send out the message that this is only one or two illegal homes. This problem involves 700 illegal homes, the problem is in the planning.
We recommend the immediate intervention of the CARM under the provisions of Article 280 of law 13/2015, of 30 March, territorial and urban planning of the region of Murcia. In order to determine the legal status of urbanisation Camposol, whether or not the work is adopted as referred to in the agreement of the JGL dated August 22, 2014, to advance the request for the review and action laid down in Articles OS 65 and 66 of law 7/1985 of April 2, regulatory base of the Local Regime and eventually will come to be replaced by Municipal powers to be exercised effectively.
We recommend that the Regional Government urge the CHS to demand the urgent execution by Mazarrón Council of the technical solution equivalent to the replacement of the original land of the Rambla de Los Aznares, duly authorised by the River Agency, in the stipulated period of two months, with the warning to the Town Council that not to do so in the aforementioned term, it will proceed, at its (Mazarrón Council’s) cost, the execution of this measure, by means of forced execution.
We recommend that Municipal Council of Mazarrón are required to accept the hereditary responsibilities and corresponding economic liabilities that will arise for the Town Hall of Mazarrón, as a result of the negligent management exercised in the planning, procedure and execution of the PP (Plan Parcial) El Saladillo Sector B, C, D, F.
We recommend that the CHS carry out the obligatory demarcation of all the DPH of the Segura basin and its subsequent recovery, in particular to the relative area corresponding to the Camposol urbanisation, municipality of Mazarrón.
We recommend that the CHS exercise extreme diligence during the time of reporting the urban actions taken in protecting the DPH and keep in mind, for reasons of safety, both legal and physical, of the owners and inhabitants of the urbanised zones.
We recommend a better and more efficient inter-administrative coordination between the CARM and the CHS in everything that affects the protection of DPH and flood prone zones as laid down in the regulations in force.
We recommend to the local administration that the mechanism of the enforcement of guarantees is especially effective, without delaying its implementation as there is already on record noncompliance on the part of the promoter.
We recommend that the Mazarrón Council resolve in the shortest time possible the provision of water and sanitation service to the houses that are currently affected.
We recommend that the Congress of Deputies (Madrid) create a Commission of Inquiry into the illegal occupation of DPH in Ramblas and channels of the CHS territory, demanding an account of responsibilities to that agency if any are found.
In conclusion it is necessary to transfer this report to the Regional Governing Council, Mazarrón Town Council, the Hydrographic Confederation of the Segura and also in accordance with the art.72.2. The Rules of the Chamber, the Public Prosecutor, to investigate any actions that have arisen in the present case indicating evidence of the alleged commission of criminal offences, for the attention of the Public Ministry of these conclusions and all the actions taken by this paper within the Territorial Policy Commission of the Regional Assembly, and also the Court of Audit of the Kingdom of Spain in case there is evidence of any action from which could have derived some type of accounting responsibility.
To build in safeguards with sufficient means to comply with deadlines for the resolution of plans and projects as established in Law 13/2015, as well as with regard to town planning inspection.
We recommend that the CARM develop legislation similar to the law 3/2009 of the Parliament of Catalonia on 10th of March for regulation and improvement of urbanisations with urban deficits.