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Developers Forced to Compensate Marbella's Town Hall for Planning Irregularities

Raymundo Larrain Nesbitt - Lawbird Legal Services
1st of October 2007

The new Urban Master Plan (P.G.O.U.) of Marbella which substitutes the current one dating back from 1986 is currently under a phase of scrutiny by the general public and interested parties. Said period of public appeals to the current draft of the cities Master Urban Plan will finish the 15th of October 2007. The new P.G.O.U. is not envisaged to be finally approved until late 2008.

One of the main positive effects of the new P.G.O.U. is that it will finally shed light by putting an end to some of the legal uncertainties which have been beleaguering foreigners over certain developments and urbanizations much to their own relief. More than 18.000 dwellings will be legalized under this new plan and only a few hundred will be left out being regarded as illegal. The drawback is that said legalization will entail a system of compensations by which developers will have to grant the town hall available land often from the developments themselves. Exactly how this system will unfold is unclear at present until the appeals are finally decided upon and the plan is approved.

The problem is that some developers are already refusing to compensate the town hall. This could pose an additional challenge as the obligation to compensate would then fall on the owners of illegal properties, that is, the purchasers themselves. They would have to compensate the town hall to legalize their own developments. The major of Marbella, Mrs Ángeles Muñoz, has already made public her strong opposition to these criteria which the Junta de Andalucía wants to impose should the developers fail to compensate.

Although this system is indeed far from perfect, we think that it is the optimal solution to restore the planning legality to Marbella. This system would thus avoid demolitions of properties at large and would confine to only but a few, if at all, said demolition. We strongly oppose at Lawbird to any demolitions or forced compensations on owners bearing in mind the victims would be in all likelihood foreigners who purchased property in Spain under good faith trusting our legal system. It cannot be allowed –in justice- after all the anxiety generated by this irregular situation over the years that foreigners are left stranded only to find themselves having to compulsorily compensate the town hall for some planning illegality they have not committed or in the worst cases having their properties expropriated and demolished.

On addition this new Master Plan brings forth a hoard of new positive additions to our beloved city such as plans to enlarge the existing Costa del Sol hospital, a sport centre at La Cañada, a Congress Centre in Puerto Banús and a university.

The following list of urbanizations and buildings are the ones currently affected by planning irregularities which took place under the former town hall of the Gil and Roca era. We must highlight that this list is by no means final or exhaustive as the appeal period remains open. Until it is not over and the appeals are either approved or rejected the content of this list is subject to be changed over time until Marbellas’ new P.G.O.U. is finally approved.

MARBELLA AREA
  • La Concha. 376 occupied dwellings. Must contribute to the town hall with 6.645 m2 of a plot of land north of the bull ring with industrial warehouses in use.
  • Parque Miraflores. 576 occupied dwellings. Must contribute over 9.406 m2 of a plot of land north of the bull ring with industrial warehouses in use.
  • Edificio Belmonsa. 110 occupied dwellings. Must contribute 1.774 m2 of a plot of land north of the bull ring with industrial warehouses in use.
  • Edificio Plaza. 335 occupied dwellings. Must contribute it’s own land plus 5.003 m2 of a plot of land north of the bull ring with industrial warehouses in use.
  • Edificios Puerta Grande. 190 occupied dwellings. Must hand over 60% of this land to the town hall plus 13.300 m2 of a plot of land where the McDonald’s in road to Ojén is located as well as a plot of land located close to the bull ring.
  • Jardines de la Represa norte. 153 occupied dwellings. Must grant 36% of its land plus 13.300 m2 of a plot of land where the McDonald’s in the road to Ojén is located as well as a plot of land located close to the bull ring.
  • Jardines de la Represa sur (custodio). Residential development. Must grant 6.491 m2 of the Siebla petrol station and a plot next to the bull ring.
  • Terrazas de Marina Marbella. 551 occupied dwellings. Must contribute 11.092 m2 of Banana Beach where 300 families already live.
  • Banana Beach. 300 dwellings. No solution possible. Demolition.
  • Plot of land across Don Miguel. 221 dwellings under construction. Must hand over 47% of this plot of land.
  • Urb. La Montua. Various occupied dwellings. Must hand over 67% of this plot of land.
  • Blue Crystal building in Marina Marbella. Occupied. Must hand over 78% of this plot of land.
  • Los Olivos phase V in street José Iturbi. Occupied. Must hand over 72% of its plot of land.
  • La Cañada. Mall. Must hand over 50% of its plot of land.
  • Mirador de Guadalpín in camino del Pinar. Occupied dwellings. Must hand over 47% of its plot of land.
  • Edificio Valle Azul in Avenue José Manuel Valles. 140 occupied dwellings. Must hand over 38% of its plot of land.
  • Urb. La Torecilla, Lomas Bellas. Occupied urbanization behind La Cañada mall. Must obtain 20% of its land.
  • Edificio Independencia in Miraflores. 36 occupied dwellings. Must obtain 396 m2 from an occupied building opposite the Mediterranean building on Marbella’s Paseo Marítimo.
  • Edificio Parquesol (opposite the Marbell Center). 132 occupied dwellings. Must obtain 3.269 m2 from the old building where the old post office used to be located in Marbella, from the Radio Nacional building in Marbella centre and from a plot of land north of the bull ring.
  • Edificio Portillo. 80 occupied dwellings. Must obtain 1.035 m2 from the old building where the old post office used to be in, from the Radio Nacional building in Marbella centre and from a plot of land north located in the road to Ojén.
  • Edificio de Correos (Post office’s new building) located in street Jacinto Benavente. 114 inhabitated dwellings. Must obtain 4.654 m2 from the Siebla petrol station and froma plot of land north of the road to Ojén.
  • Huerta Belón. 6 occupied dwellings.
  • Buildings in street “Acera de la Marina” next to Marbella’s yacht marina (“Puerto Deportivo”). 123 inhabitated dwellings. Must obtain 1.125 m2 from the building where the old Marbella post office used to be, from the Radio Nacional building and from a plot of land located in the road to Ojén.
  • Edificio Antonio Herrero. 68 inhabitated dwellings. Must obtain 1.487 m2 from the building where the old Marbella post office used to be, from the Radio Nacional building and from a plot of land located in the road to Ojén.
  • Edificio Povisa. 48 inhabitated dwellings. Must obtain 3.938 m2 from the Siebla petrol station and from a plot of land north of the road to Ojén.
  • Urb. Jardines de la Represa opposite the Police Station. 150 inhabitated dwellings. Must obtain 6.491 m2 from Siebla petrol station and from a plot of land north of the road to Ojén.
  • Industrial warehouses located in the Polígono la Ermita. Must obtain other warehouses from the same polígono.


NAGÜELES
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  • Playa de Río Verde. 21 occupied dwellings in street Carlos Ponsac. Must hand over 26% of it’s land.
  • Hacienda Los Caballeros. Residential dwellings. Must hand over 30% of its plot of land.
  • Urb. La Trinidad in Istán road. 116 occupied dwellings. Must contribute 37% of its land.
  • Villa Parra Palomera. 119 occupied dwellings. Must contribute 46% of its land.
  • Los Manchones Altos. Detached occupied dwellings. Must contribute 37% of its land.
  • Hotel NH Alanda. Must contribute its own plot of land.
  • Llanos de Nagüeles. Detached occupied dwellings. Must contribute 38% of its plot of land.
  • Las Cañas Beach. 186 occupied dwellings. Must contribute its own plot of land plus 25.000 m2 of a plot in street Margarita next to the Carolina Park as well as a plot of land next to street Goya.
  • Hacienda Nagüeles. Dwellings and a petrol station. Must grant plot of land as well as 25.000 m2 of a plot of land in street Margarita next to the Carolina Park.
  • Las Jacarandas. In Boulevard King Fahd. 104 occupied dwellings. Must contribute its own plot of land plus 6.300 m2 from a plot located in street Carlos Ponsac beside the beach.
  • Conjunto Costa Nagüeles. 798 dwellings, hotel NH Nagüeles and commercial centre. Must contribute its own plot of land plus 63.300 m2 of a plot wedged between Camino de Camoján and street Santa Ana.
  • Los Pinos de Nagüeles. 239 dwellings and school. Must grant its own plot as well as 63.300 m2 of a plot wedged between Camino de Camoján and street Santa Ana.
  • Mansion Club. Rocío de Nagüeles next to the Büchinger clinic. 114 dwellings, clinic and social club. Must contribute 28% of its land as well as 23.500 m2 of a plot in Avenue Büchinger.


    NUEVA ANDALUCÍA
    • Mirador de Nueva Andalucía. 149 dwellings. Must grant 186% of its land.
    • Terrazas del Rodeo and Rodeo villas. 213 dwellings. Must grant 54% of its land and 10.000 m2 of a land wedged between St Real and Avda. Girasoles.
    • Conde de Iza. 126 dwellings. Must grant 54% of its land and 10.000 m2 of a plot wedged between St Real and Avda. Girasoles.
    • Conjunto Lorcrimar. Phases 1 to 5. Must grant 30% of its land.
    • Urb. Malibú and La Herradura. 72 dwellings. Must grant its own plot of land and 3.400 m2 in Arroyo Pepina Sur
    • Arroyo las Cañas. 132 dwellings and petrol station. Must grant 21% of its land.
    • Las Brisas status, Las Medranas. 125 dwellings. Must grant 41% of its land.
    • La Dama de Noche. 831 dwellings. Must grant 200% (sic) of its land.
    • Marbella Country Club. 214 dwellings. Must grant 22% of its land.
    • Polígono Industrial la Campana (La Campana Industrial Complex). Industrial warehouses. Must grant two plots of its own.
    • Serranilla norte. Residential complex and mall. Must grant 127% of its land.
    • Cumbres del Rodeo. 115 dwellings. Must grant a plot f land of its own.
    • Lorcrimar. 371 dwellings and hotel. Must grant 25% of its land.
    • Opposite Urb. Villas de Banús. 60 dwellings. Must grant 6.710 m2 of a plot next to Ventura del Mar.
    • Supermanzana D, between St Alcalá and St Calderón. 113 Dwellings. Must grant 9.265 m2 of a plot of land next to Plaza Cibeles.
    • Brisas del Sur. 50 dwellings. Must grant 8.648 m2 of a plot next to Lomas de Nueva Andalucía.
    • Last Green. 42 dwellings. Must grant 7.131 m2 of a plot next to Lomas de Nueva Andalucía.
    • Nueva Andalucía F, St Sirio. Must grant 5.540 m2 of a plot in St Osa Mayor.
    • Azahara Mirasierra. 48 dwellings. Must grant 12.311 m2 of a plot in St Oslo with occupied dwellings.
    • Alcornoque Golf. 21 dwellings. Must grant 7.881 m2 of a plot in St Oslo with occupied dwellings.
    • Medina Gardens. 163 dwellings. Must grant 1.856 m2 of Alcazaba Gardens.
    • Residential complex next to Puerto Banús cinemas, St Fco Villalón. Residential complex. Must grant 10.384 m2 of Alcazaba Gardens.
    • Fuente Aloha. 76 dwellings. Must grant 4.810 m2 of a plot in St Califa opposite Las Lolas.
    • Hipercor. Must grant 19.322 m2 of a plot in Camino del Ángel next to la Alzambra and a plot in St Fco Villalón.

    SAN PEDRO
    • Valle del Sol, Campos de Guadalmina. 110 dwellings. Must grant 35% of its land.
    • Guadalmina Baja. 120 dwellings. Must grant 51% of its land.
    • Tiro de Pichón. 127 dwellings. Must grant 31% of its land.
    • Urb. Telva. Residential complex. Must grant its own plot.
    • Buildings in St Palencia, St Cuenca, St Ávila. 250 dwellings. Must grant 28% of its land as well as 7.838 m2 of a plot in St Eduardo Evangelista and another in St Los Geranios.
    • Las Medranas. Warehouses and petrol station in road to Ronda. Must grant 18% of i’s land.
    • Las Adelfas. 265 dwellings. Must grant 33% of its land.
    • Las Petunias. Residential complex. Must grant 31% of its land.
    • Parque del Sol. 80 dwellings. Must grant 2.537 m2 of two plots in St 13 and another where the residential complex Los Magnolios is located.
    • Buildings Arquillo. 465 dwellings. Must grant 13.430 m2 of two plots in st 13 and another plot where the residential complex Los Magnolios is located.
    • Building Rosamar. 96 dwellings. Must grant 9.234 m2 of two plots in St 13 and another plot where the residential complex Los Magnolios is located.
    • Residential complex between St Álvarez Quintero and Avda. Los Ángeles. Must grant 2.061 m2 of two plots in St 13 and another plot where the residential complex Los Magnolios is located.
    • Residential complex in St Guadalajara. 19 dwellings. Must grant 591 m2 of a plot in St Bahía.
    • Residential complex in St Revilla and St Pizarro. Must grant 634 m2 of a plot in St Bahía.
    • Residential complex in St Dependiente. Must grant 1.041 m2 of a plot in St Bahía.
    • Residential complex in St Dependiente. Must grant 441 m2 of a plot in St Bahía.
    • Residential complex in St Dependiente. Must grant 318 m2 of a plot in St Bahía.
    • Residential complex in St Fantasía. 18 dwellings. Must grant 190 m2 of a plot in St Bahía.
    • Buildings in St Alegría, St Álamo and St Santa Lucía. Must grant 2.480 m2 of a plot in St Los Cipreses and St Adelfas.
    • Buildings in St Santa Elena and St Santa Lucía. Must grant 2.480 m2 of a plot in St Los Cipreses and St Adelfas.
    • Residential complex in St Santa Elena and st Fuente Nueva. Must grant 8.140 m2 of a plot in St Los Cipreses and St Adelfas.

    RÍO REAL
    • Cristo de los Molinos. 6 dwellings. Must grant 23% of its land.
    • Bellavista Phase 1 and Bellohorizonte Phase II. Residential complex. Must grant 36% of its land.
    • Lindasol and Bellohorizonte. 300 dwellings. Must grant 2 plots of their own as well as 12.000 m2 of a plot next to the Cristo de los Molinos.
    • Incosol. 73 dwellings. Must grant 52% of its land.
    • Río Real Playa. 9 blocks and a restaurant. Will be able to legalize blocks 1 to 4 granting blocks 5 to 9.
    • Pueblo Río Real Playa. 60 dwellings. Must grant its own plot of land.
    • La Morena. 45 dwellings. Must grant 58% of its land and 2.800 m2 of a plot opposite Río Real Golf
    • Los Monteros St Ciervo. 21 dwellings. Must grant a dwelling.
    • Golf Río Real in Ave. de la Alcudia. Residential complex. Must grant its own plot.
    • Vista Golf. 24 dwellings. Must grant 50% of its land.
    • Above Río Real. 56 dwellings. Must grant 6.331 m2 of a plot located in Río Real.
    • Mansion located in Ave. Balcón. 1 dwelling. Must grant 2.228 m2 of a plot next to Golf Garden.
    • Las Mimosas in St Cipreses and St Mimosas. 42 dwellings. Must grant 1.922 m2 of a plot in St Buganvilla.


    ALICATE

    • Playas del Arenal. Residential complex. Must grant 55% of its land.
    • Alvarito Playa and La Reserva de Alvarito. Residential complex and commercial building. Must grant 26% of it’s land as well as 9.717 m2 of a plot in St Frankfurt, as well as another plot for detached dwellings next to Urb Ric Mar and another plot in St Nogal.
    • Alicate Sur in St Narcisos. 14 dwellings. Must grant 3.734 m2 of a plot in St Nardo.
    • Lunamar in St Pino Real. 42 dwellings. Must grant 3.245 m2 of a plot in St Nardo.
    • Alicate Playa in St Gavia. Must grant 1.714 m2 of a plot next to Urb. Las Palmas.


    LA VIBORA
    • Carril del Relojero. 64 dwellings. Must grant 35% of its land and 8.500 m2 of a plot next to Plaza de la Víbora.
    • Cerrado de Elviria. 56 dwellings. Must grant 60% of its land.
    • Marbella Playa and Jardines de D. Carlos. 187 dwellings. Must grant 20% of it’s land as well as 5.248 m2 of a plot in St Olga Hidalgo, as well as another plot next to Colonia Atalaya.
    • Hacienda Playa. Residential complex. Must grant 21.500 m2 of its own land as well as 23.529 m2 of a plot in St Olga Hidalgo, as well as another plot next to Colonia Atalaya.
    • Elviria Hills. Residential complex. Must grant 36% of its land.
    • Hacienda Playa II. 42 dwellings. Must grant 45% of its land.
    • Granada in St Lavanda and St Lirio. Residential complex.
    • Pavo Real. St Pavo Real. Residential complex. Must grant 20% of its land.
    • La Reserva de Marbella. Residential complex. Must grant 27% of its land as well as 12.182 m2 of a plot in the N-340 highway, opposite pueblo andaluz, and another plot located in the N-340 highway next to Puerto de Cabopino.
    • 57 dwellings in St De la Playa. Must grant 74% of it’s own land.
    • Pinar de las Chapas. 12 dwellings. Must grant 1.182 m2 of a plot in St Melilla and another in St Golondrinas.
    • St Alcotanes. 29 dwellings. Must grant 5.023 m2 of a plot in St Melilla and another in St Las Golondrinas.
    • La Arquería. 224 dwellings. Must grant 11.132 m2 of a plot in N-340 and Ave. Junquera opposite pueblo andaluz as well as a plot in Ave. Valeriano Rodríguez.



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