1. VECINOS AFECTADOS EN EL CUARTON-TARIFA-CADIZ-ANDALUCIA
WE PRESENT
THE INCREDIBLE STORY OF A NEIGHBOURHOOD
LIVING IN A HOUSING DEVELOPMENT CALLED
“EL CUARTON”
IN TARIFA - CÁDIZ - SOUTH OF SPAIN
3. IN A STATE SUBJECT TO THE RULE OF LAW, THERE IS A HOUSING DEVELOPMENT SITUATED
IN BETWEEN TWO NATURAL PARKS WITH THE HIGHEST LEVEL OF EUROPEAN UNION
ENVIRONMENTAL PROTECTION, RECOGNIZED MEDITERRANEAN AND ANDALUSIAN
(SPAIN-MARRUECOS) BIOSPHERE RESERVE.
BASE DE TODO ESTADO DE DERECHO
4. SECTION 45.1. SPANISH CONSTITUTION:
1. Everyone has the right to enjoy an environment
suitable for the development of the
person, as well as the duty to preserve it.
2. The public authorities shall watch over a rational use of all natural resources with a view
to protecting and improving the quality of life and preserving and restoring the
environment, by relying on an indispensable collective solidarity.
3. For those who break the provisions contained in the foregoing paragraph, criminal or,
where applicable, administrative sanctions shall be imposed, under the terms established
by the law, and they shall be obliged to repair the damage caused.
THIS SECTION HAS BEEN DISABLED AGAINST “EL CUARTON”
HOUSING DEVELOPMENT NEIGHBOURHOOD INTERESTS BY TARIFA´S TOWN HALL.
5. TARIFA´S TOWN HALL IS NOT RULED
BY THE PRINCIPLE OF EFFICIENCY AND
SERVICE IN FAVOUR OF THE CITIZENS
TOTALLY SUBJECT TO THE RULE OF
LAW, OFFICIALLY NOT SUPPORTING
ALL THE PROCEDURES TO ACHIEVE
LAW ACCOMPLISHMENT.
6. ONE HOUSING DEVELOPMENT IN WHICH ONLY WERE
FINISHED THE WORKS OF APARTMENTS WITH THE LETTER
“A” REGISTERED IN 1974 AT THE PROPERTY REGISTRY.
THE OWNERS HAVE A SHARED OWNERSHIP PROPERTY AND FEES
TO PAY FOR MAINTAINING SUCH INFRASTRUCTURE.
7. THE HOUSING DEVELOPMENT WORKS KEEP
WITHOUT BEING FINISHED FROM 1974.
ENTITLED BY THE PROPERTY REGISTRY OF THE PUBLIC WAYS, GREEN
SPACES FROM
1969 TO 2002: CUARTON S.A.
SINCE 2002: GUADALMESI PARADISE, ENTITLED OF THE LAND PLOT
NUMBER 2412 AFTER HAVING PURCHASED IT.
BUT TARIFA´S TOWN HALL KEEPS ON BEING LEGALLY ENTITLED OF SUCH
PLOT WITH RESPECT TO PUBLIC SERVICES ATTACHED
TO PUBLIC OWNERSHIP FROM 1995.
8. THIS HOUSING DEVELOPMENT
IS RULED BY THE TOWN DEVELOPMENT GENERAL PLAN (PGOU)
AND BY THE RULE OF LAW
IT IS TRANSFORMED INTO A PUBLIC URBAN DEVELOPMENT
9. THE HOUSING DEVELOPMENT
STOPS BEING “PRIVATE INITIATIVE”
AND BEGINS TO BE
ARRANGED BY PUBLIC URBAN DEVELOPMENT SYSTEM.
10. BY THE RULE OF LAW THE PRIVATE PROPERTY COMPANY MUST DEPOSIT
(BANK) GUARANTEE FOR ENSURING THE FINALIZATION OF THE
URBAN DEVELOPMENT WORKS AT “EL CUARTON”.
LOST (BANK) GUARANTEE?
TOWN HALL ALLOWS THE PROPERTY DEVELOPER COMPANY TO ESCAPE
WITHOUT ANY LEGAL CONSEQUENCES AND NOW REQUIRES THE
OWNERS TO ASSUME PRIVATE PROPERTY DEVELOPER COMPANY
OBLIGATIONS AS IT IS RULED IN THE TOWN DEVELOPMENT GENERAL PLAN.
11. Urban development plan in the National Tourist Interest Centre (CITN) “EL CUARTON”
In the signed areas of the plan number 12 called “El Cuartón structure”.
New complementary urban projects will be made in the plan signed areas with the
Number 20. Shoud be applied the sepecial contribution system or cooperative system.
Plan local regulations.
1st. GRADE.- Minimal land plot size: 5000 m2.
Top building permission: 0,25 m3/m2.
Main use: 15%.
Secondary use: 5%.
Top height building permission: floors number: 2 floors (B+1) + small tower or 9
metres.
Buildings situation: 10 metres on the streets, 7 for the rest of boundaries.
2 nd.GRADE
Minimal land plot size: 2.000 m2.
Top building permission: 0,6 m3/m2.
Main use: 15%.
Secondary use: 5%.
Top height building permission: floors number: 2 floors (B+1) + small tower or 9
metres.
Buildings situation: 10 metres on the streets, 7 for the rest of boundaries.
12. THE TOWN DEVELOPMENT GENERAL PLAN STATES
THAT COMPLEMENTARY PROJECTS WILL HAVE TO BE CARRIED OUT
BY SPECIAL CONTRIBUTIONS
BECAUSE THE WORKS HAD NOT BEEN FINISHED.
THIS WAS 20 YEARS AGO
MORE THAN TWENTY YEARS WITHOUT
COMPLEMENTARY PROJECTS AND WITHOUT BEING PAID SPECIAL TAXES.
WHY?
13. THE OWNERS OF THE BUILDING PLOTS ARE
CATALOGUED AS URBAN
AND REGISTERED IN THE PROPERTY REGISTRY AS
URBAN
AND THEY RECEIVED BUILDING CONSTRUCTION PERMISSIONS AS
URBAN.
URBAN (Annual Real Estate Tax [ I.B.I.] )
THEY PAID TAXES AS
MUNICIPAL TAX ON PROPERTY SALE ( Plus Valía ]
A TAX ON URBAN PROPERTY TRANSFER
WITHOUT BEING IN FACT URBAN.
14. TARIFA´S TOWN HALL AND ITS MAYORS
AND DETERMINED CIVIL SERVANTS
KEEP ON BEING NOW AS BEFORE
THE SAME RESPONSIBLE OF LEGAL OFFENCES
WITH THE FOLLOWING
ENVIRONMENTAL
AND
SOCIAL DEGRADATION
ALLOWING
URBAN SPECULATION
AND
CORRUPTION.
15. IF URBAN DEVELOPMENT KEEPS
WITHOUT BEING FINISHED
THE TAXES THAT WE PAY
WILL NOT BE EMPLOYED IN SUCH URBAN DEVELOPMENT.
WHERE ON EARTH IS OUR MONEY?
16. PRIVATE BUILDING DEVELOPER´S “EL CUARTON S.A.” BANK GUARANTEE
IS NOT FOUND
INFRASTRUCTURES ARE
NOT FINISHED
MEANWHILE MONEY DEPOSITS ARE BEING MADE FOR URBAN DEVELOPMENT
WITHOUT BEING GIVEN THIS MONEY BACK
MEANWHILE TARIFA´S TOWN HALL MAKES TAX PAYMENT COMPULSORY FOR A
“COMMUNITY OF PROPERTY OWNER” IF THESE OWNERS WANT TO OBTAIN A
BUILDING LICENCE.
THIS IS AGAINST LAW
WHO SUFFERS FROM THIS STITUATION: THE CITIZEN
WHO IS RESPONSIBLE: TARIFA´S TOWN HALL.
17. National Tourist Interest Centre: EL CUARTON 1971?
National Tourist Interest Centres are considered those areas delimited
inside a territory which have special conditions for attracting and retaining
tourism, these areas are, after its declaration,
rationally urban ordered, and provided with services and correct
installations for better taking advantage of this areas.