The Minister of Development and Infrastructure, José Ramón Díez de Revenga, has convened a technical meeting for this Thursday between his departments and three of the four Mar Menor town halls affected by the urban moratorium around the lagoon to “clarify any doubts they may have on the extension” approved by the regional government. They are Cartagena, San Javier and San Pedro del Pinatar, while Los Alcázares is left out, whose consistory has indicated that it does not know of affected projects.
«The objective of tomorrow’s meeting is to solve possible erroneous interpretations of the legal text and legal doubts that the representatives of the consistories have, because it is the city councils that have to apply the regulations, since urban planning competence is exclusive to the municipalities» , explained Díez de Revenga this Wednesday in a statement.
The Executive, from the Popular Party, thus reacted to the demonstrations carried out in recent days from the consistories regarding the effects of the decree law that extends, from August 3, the veto on new urban developments in areas near the sea. Specifically, the Cartagena City Council considers that the modifications introduced by the Autonomous Community in the articles of the Law for the protection and recovery of the Mar Menor, to resolve doubts regarding the previous text, in practice unblock the processing of the expansion project of the Las Dunas shopping center, in Cabo de Palos, and the Los Belones Este Partial Plan, which provides for the construction of 700 homes.
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As for San Javier, the local administration understands that developers can request permits to develop, where appropriate, plots for residential and hotel use to the north of La Manga, between the Tomás Maestre and Veneziola marinas. And in San Pedro del Pinatar, the council is analyzing whether the changes in the new text give free rein to processing four partial plans that would mean building 2,493 homes.
“The same conditions”
«The regional government denies that new constructions in the Mar Menor can be addressed and recalls that it maintains the same conditions established by Law 3/2020, of July 27, for the recovery and protection of the Mar Menor. Thus, the extension of the urban moratorium continues to impose severe limitations to continue protecting the Mar Menor, since it prevents the construction of new developments that conurb (close) the ring of the Mar Menor and requires the application of sustainable measures in all developments “. Díez de Revenga indicated in the official note.
The head of Fomento assures that building 700 houses in Los Belones would be more than an expansion and would contribute to the urban “ring”
He also pointed out that the Community “will assert its powers so that no legal interpretation of the application of the decree-law violates the spirit of its approval.” This, he said, is »to prevent new urban developments around the Mar Menor until it is approved [de forma inicial] the Land Management Plan for the Vertiente del Mar Menor Basin”, the absence of which has led to the new extension and which remains undated.
«The decree law approved last week does not allow anything new that could not be done before; the regulations remain the same; You can or cannot do the same as before the decree law, “said the head of Development. And he assured that the decree “what makes possible is the initial urban extension, with the same limits and exclusions, and clarifies the legal doubts raised by the previous legal text.”
Regarding specific projects, Díez de Revenga assured LA VERDAD that the new moratorium “keeps the Los Belones project blocked, because it is not an expansion or vegetative growth of this town, but rather it would mean doubling it” and would contribute to “closing the urban ring around the lagoon. And regarding the expansion of the Las Dunas shopping center, he stated that he could not specify which one can be executed, “considering that it is an expansion”; As for the plots of La Manga, he said that the moratorium only affects “non-developable land and undeveloped land without sectorization.”
In any case, Díez de Revenga, of the PP as well as the local governments of Cartagena, San Javier and San Pedro del Pinatar, affirmed that although the Ministry is not in charge of interpreting the regulations, its legal services will focus on “clarifying all the doubts to the municipalities.
The problem of interpretation regarding the new legal text, promoted by the executive of Fernando López Miras three days after PP and Vox rejected in the Regional Assembly to debate a proposal from the PSOE to extend the moratorium, refers to article 16 of the law. Section 1 of that article establishes that the temporary exclusion area applies to “new developments that have not been initially approved before the date of entry into force of this law.” Before, there was only talk of “new urban developments that have not been approved.” In addition, a change is incorporated regarding the possibility of building in the extensions of consolidated urban land. Specifically, the obligation for the affected land to have the development project approved is abolished.
Legal sources of all solvency indicated that the ruling clarified that the initial moratorium allowed the Partial Plan Sector CP-2 Cabo de Palos and the Partial Plan Los Belones Este
As the Executive has insisted, the moratorium changes in its form, with a wording designed to “clarify interpretative doubts” about the previous text, but not the content of what can and cannot be done around the lagoon at an urban level . And it ensures that it has applied the recommendations set out in January 2022 by the Legal Council of the Region of Murcia, in an opinion issued at the request of the Cartagena City Council. He asked him, among other things, if the moratorium in force at the time affected five performances, including Las Dunas and Los Belones Este.
Despite this opinion, it has not been until now, after the decree law, when the Cartagena city council and the rest of the riverside consistories (except Los Alcázares for not knowing any affected project) have understood that certain developments were unblocked. Meanwhile, PSOE and Podemos have accused the regional government of opening the door to new developments through a new article that, they say, has no justification.
Doubts despite the opinion of the Legal Council
Meanwhile, legal sources of all solvency linked to the Community told LA VERDAD that the ruling clarified that the initial moratorium allowed the Partial Plan Sector CP-2 Cabo de Palos or expansion of the Las Dunas commercial area (which includes a small residential development) and the Los Belones East Partial Plan. They added that this was understood in the Cartagena City Council.
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