The Junta de Andalucía has transferred to the Superior Court of Justice of Andalusia (TSJA) that the area of El Algarrobico, in Carboneras (Almería), is "non-developable land of special protection since 1994" and asks the High Court to order the coal City Council reflect it thus “in its documents” and “decisions”.
The Andalusian Government proposes in an incident of execution of the sentence that the council approved in plenary session on April 26 to modify the municipality's PGOU to comply with the ruling that forced it to declare these lands undevelopable.
However, he points out that just a month later the Junta de Andalucía sent the City Council a request for partial annulment of said agreement, but given the "uncertainty created", it requests the TSJA to declare this agreement null and void.
In this sense, it requests the cessation of "all actions" that question the classification as "specially protected non-developable land" since 1994, the date on which the natural resources management plan (PORN) of the Cabo natural park was published. from Gata-Níjar.
The Andalusian Government assures that the "defective compliance with the ruling affects regional interests", since it affects "specially protected" lands.
The Board emphasizes that it does not discuss the consideration of these lands as protected in the municipal agreement, which has already been ratified by different rulings, but rather the "overreach" of the Consistory in complying with the ruling that requires their declassification as developable.
"The municipal agreement adopted does not execute with due fidelity the judicial resolution (...) The annulment has been reached through judicial means, not through administrative means. Municipal activity in the execution of the sentence cannot go beyond formally collecting in current planning classifies the land as non-developable land with special protection," assures the Andalusian Government.
The Board affirms that the ruling cannot be fulfilled with a procedure that "modifies" the "current" classification, nor that this is due to "supervening effects" since, it argues, they were already protected in 1994, "long before it was will adopt the annulled 2009 agreement".
The lawyer of Ecologistas en Acción, José Ignacio Domínguez, has assessed in statements sent to the media the "very correct" intervention of the Junta de Andalucía in this matter, clarifying that "the lands have been protected since 1994, not as the City Council says of Carboneras, that the land was developable until new incidents arose that forced the land to be classified as protected.
"The lands have not been protected since 1994, when the PORN was published and this clarification is very important, because if the lands have been protected since 1994, the construction license granted in 2003 is null and void and the City Council has the obligation to annul it, as the Superior Court of Justice based in Granada has already ordered, although the City Council still has not complied with the sentence," he added.
