Friday, 13 July 2012

Courts in contradiction on demolition of 'illegal' buildings

Demolition in Chiclana
CÁDIZ The provincial courts of Cádiz continue to emit contradictory sentences regarding the demolition of allegedly illegal buildings in the province. Once again, and at about the same time last week, Section One of the Audiencia Provincial agrees with a prior sentence in one case that said the bulldozers can come in, while in another case another section of the court issues a cease and desist order with the sempiternal argument of future legislation (the so-called 'amnesty' for such buildings in Andalucía). The general tone of the legal reasoning behind the sentence can be summed up in words in one of its many parts: "... an illegal building does not necessarily become compatible in time with town planning regulations because these are modified." Paradoxically, Section Three of the Audiencia Provincial sent down a sentence that rejected an appeal by the Prosecutor and ratifies a prior sentence issued by a court in Cádiz that partially revoked a sentence that ordered the demolition of a house in El Puerto de Santa María. The reason: because the area in which the house was built is likely to be re-zoned in a future town planning ordinance - and thus the house would become legal.

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