Son Font's sentence clarifications.

 

Saturday 5th May 2018


Calvià Town Hall's clarifications regarding Son Font's sentence


Given the information related to Son Font's sentence, as a result of the appeal filed by the conservation entity of the rural area of Son Font, the Calvià Town Hall wants to state that it understands that the sentence refers only to the suspension of the specific modification of the PGOU of the area, in no case to the remaining specific modifications suspended, at the same time announcing that the sentence will be appealed as the legal services have considered that the suspension of the specific modification is in accordance with the law. 

Likewise, the municipal government team states that the work carried out by the urban planning department and by its general director Jaume Carbonero is faultless and tries, with the revision of the General Plan, to bring order to a succession of specific modifications promoted in the previous legislature by the Popular Party that altered notoriously all the urbanism of Calvià.

The plenary session of 24th September 2015 approved, by absolute majority, without any vote against, to desist from the processing of the specific modifications of the General Urban Planning of Calvià: MP 10/2012 corresponding to the 1st phase of the drafting of the Comprehensive Rehabilitation of the Tourist Areas of Calvià (PRITZC) and of the specific modifications MP 4/2012, MP 06/2012, MP 09/2012, MP 03/2013 and MP 4/2013, promoted in the previous legislature.

Linked to the start of the General Plan's revision works processing, the proposal presented in the Plenary proposed the processing withdrawal of the aforementioned specific modifications, which had not yet passed the initial approval process and which proposed significant changes on the existing planning.

In the case of Son Font, the specific modification, promoted in the previous legislature, proposed to classify as urban the rural area of Son Font, a limit on which the sentence is not pronounced expressly. The reclassification from rustic to urban is not legally possible today since the articles of the Law 7/2012, of urgent measures for sustainable urban planning, that made this possible, are repealed. 

As stated in the sentence: "The plaintiffs' claim is directed, on the one hand, to cancel the contested municipal agreement, ordering the Calvià Town Hall to continue the processing of the specific modification of the urban planning in what concerns the rural area of Son Font until the definitive approval of the regulation of uses and provision of services in it, having the consideration of urban land by the enforcement of the Law 2/2014; and, on the other hand, and, in the alternative, that in the case of the dismissal of the previous petition, the plaintiff is compensated with an amount of 116,004.31 euros, corresponding to the expenses assumed when processing the Progress of the planning's specific modification"

The sentence, informed by the mayor in the last plenary session, partially estimates the appeal, admitting the first allegation presented, referring only to the lack of motivation of the agreement to cancel the specific modification of the planning in what concerns the area of Son Font promoted in the previous legislature, without entering into the substantive question sought by the appellants.