Building developer, Calarrijana 2004 SL, obtained a licence to build nine dwellings on a 1,700-sq/m plot in 2005 in La Herradura’s Urb. Las Palomas.

The problem is that according to the 1987 Municipal Urban Development Plan (PGOU) for that area you need 1,000 sq/m for each dwelling.

December that same year, the Regional Government (Junta) asked the Town Hall to reconsider the building licence – the Town Hall rejected the request, so it was taken to court.

Three years later in December 2008 a provincial law court threw out the Junta’s lawsuit, considering that it was lodged extemporaneously (too late). The Junta appealed against this verdict before the Regional High Court.

In the meantime, the dwellings had been completed in November 2007.

In 2013 the Regional High Court revoked the provincial court’s verdict and ordered the Town Hall to revise the building licence, consequently, in June that year the Town Hall ‘revised’ the building licence and the municipal surveyor’s report declared that the “housing is inline with municipal urban development,” therefore there was no “absolute nullity” involved which would necessitate annulling the building licence.

In March this year the Town Hall sent their findings to El Consejo Consultivo, (regional Advisory Board), which recommended that the Town Hall declared the building licence as null and void as the project surpasses the population density permitted for that area, which is four inhabitants per plot.

Advice given by the Board is non binding, however.

In the last Plenary meeting of the Town Hall all but the IU party voted in favour of rejecting the annulment of the said building licence for the long-built housing.

Update: I had a chance to speak to local PSOE leader and ask him how it was that only the IU voted against the motion to maintain the validity of the building licence.

He explained that the PSOE did not vote in favour but had abstained.

He went on to explain that the two individuals behind the building developer, Calarrijana 2004 SL, were local PP militants, which could explain the governing party’s position, and that it was a Benavides’ administration that granted the building licence in the first place, which explains the CA/PA’s posture, too.

He also explained that as the houses now had owners, who shared blame in the circumstance and were victim’s, his party abstained.

(News: Herradura, Costa Tropical, Granada, Andalucia)