The important controversy that arose over the possibility of using the Ciudad Real Airport facilities as a temporary reception center for immigrants has not ended in its final phase. Now, faced with this possibility, the Government of Castilla-La Mancha, in a letter sent to the owner of this airport infrastructure, Rafael Gómez Arribas, informs him that In the next few days you will be informed of the day and time to inspect your facilities. in the exercise of regional powers.
The document also indicates that a hearing is being opened for the company and the owner is summoned to go to the Ministry of Development to let him allege what he deems appropriate and inform the autonomous Administration of all actions that have been carried out in this regard, “and that, in fact, are being carried out” in the facilities, as they point out.
And in the last point of the document it is indicated that, if necessary, the regional Executive chaired by Emiliano García-Page reserves the right to exercise the action of restoration of territorial and urban planning and any other actions that may arise. A clear warning of the more than possible sanction to airport propertyby violating the purposes set out in the Project of Singular Interest (PSI) which was approved for the airport at the time.
The origin of the Board’s letter is in a letter sent by the Urban Planning Department of the Ciudad Real City Council informing that, on behalf of this municipal body, a visit was made to the airport facilities, in order to verify if any type of action was being carried out without the proper authorizations, verifying that it was (photographic documentation is included) and that It does not seem to correspond to the proper use of facilities of that nature.
For all these reasons, in the document signed by the General Director of Territorial Planning and Urban Planning, Silvia López Martínopens actions prior to the possible investigation of a sanctioning file in urban planning matters against the airport property. A decision that this regional Administration makes by virtue of article 174 of the Consolidated Text of the Law on Territorial Planning and Urban Activity (TRLOTAU), through which it is assigned inspection and investigation functions on a subsidiary basis, and article 55 of Law 39/2015, on the Legal Regime of Public Administrations and the Common Administrative Procedure.
Of course, they point out in the writing that “the exercise under the protection of this competence is exercised without prejudice to the own powers that both the Ciudad Real Town Halllike others whose jurisdiction covers the PSI, have in relation to the facts related here.” However, as indicated, this possible urban infraction does not only concern the city council of the Ciudad Real capital, since the commission of these irregular events would be taking place in a territorial area that exceeds the jurisdiction of a municipality, since the PSI covers land not only of the municipal area of Ciudad Real.
«If the very serious events witnessed by the competent council of Ciudad Real are confirmed, if they are in progress right now, and if they affect an area not received by local administrations, and affect several municipalities, we see ourselves in the duty to assume , at least in this embryonic stage of the sanctioning file, competition. Not doing so would be irresponsible as a regional administration,” they say.
On the other hand, in relation to the intended immigrant reception center, which would be included within a health-care provision, they mention the LOTAU Planning Regulations (RP)which says that this does not fit into the PSI, as it is not a necessary equipment for the development of the activities of the airport users, considering the new residential, educational and health facilities “incompatible”. “And, it seems, expressly, the entity that owns the airport would be ignoring these requirements, if the information that this administration has received is confirmed,” they emphasize.
A non-compliance that, as they point out, carries a series of sanctions ranging from fines, which in certain cases are related to the value of what was built or executed, without in any case implying an economic benefit for the offender. Additionally, It may entail the demolition of what was built or expanded, or even, if necessary, the expropriation of the affected land.the acting Administration may apply a reduction of 25% of their value if any of the circumstances referred to in article 184.6 of the TRLOTAU occur.
Regarding the confidentiality agreement, the information about the entity they are addressing and the infrastructure they own, has reached such a point that mention is made repeatedly of a alleged confidentiality agreement between the General State Administration and the company CRIA, SL
«We must remember that confidentiality agreements are based on the autonomy of the will of the parties, that they do not obey the mandatory application of the rules and that, where appropriate, they are restricted to the commercial relationships that the parties may have between they. The Regional Administration acts in the exercise of its exclusive powers recognized in the constitutionality block of which our Statute of Autonomy is a part, from which arises the legislation that is repeatedly being set out in this document for the information of the company to which we refer. we direct. And that implies the exercise of administrative powers against which, the hypothetical invocation of a confidentiality agreement, even with the State, does not exempt one from being guilty of another infraction, the third being, by resisting giving relevant information in the course of an investigation, obstructing it, carried out by a competent authority,” the letter concludes.
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