WE PRESENT THE INCREDIBLE STORY OF A NEIGHBOURHOOD LIVING IN A HOUSING DEVELOPMENT CALLED “EL CUARTON” IN TARIFA - CÁDIZ - SOUTH OF SPAIN

VECINOS AFECTADOS EN EL CUARTON-TARIFA-CADIZ-ANDALUCIA

SPAIN, A SUPPOSED TO BE“STATE SUBJECT TO THE RULE OF LAW”

BASE DE TODO ESTADO DE DERECHO

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.

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.

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.

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.

THE HOUSING DEVELOPMENT WORKS KEEP WITHOUT BEING FINISHED FROM 1974.

ENTITLED BY THE PROPERTY REGISTRY OF THE PUBLIC WAYS, GREEN SPACES FROM1969 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.

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

THE HOUSING DEVELOPMENT STOPS BEING “PRIVATE INITIATIVE”

AND BEGINS TO BE

ARRANGED BY PUBLIC URBAN DEVELOPMENT SYSTEM.

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.

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.GRADEMinimal 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.

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?

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. THEY PAID TAXES AS URBAN (Annual Real Estate Tax [ I.B.I.] ) MUNICIPAL TAX ON PROPERTY SALE ( Plus Valía ] A TAX ON URBAN PROPERTY TRANSFER

WITHOUT BEING IN FACT URBAN.

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.

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?

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.

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.

AND THEY ARE ATTACKING OUR RIGHTS FROM 1971