Row over allegedly illegal building

(Photo: IU)

JIMENA Izquierda Unida (IU), the left-wing party in minority opposition on Jimena Council, officially denounced building works they deem illegal - without the proper building license, in other words - in mid-March. Later, on May 22, they made another official complaint, saying that construction continued because nothing had been done. Having passed by there recently ourselves (in the company of about 100 people that day) and seen it, it's true that this looks like a major edification on the road down to the canal on the Hozgarganta river. So far, it consists mainly of stone walls and flooring, palm trees IU says are planted on public land, iron gates, etc. According to the IU Councillor, Fran Gómez, the only license requested - and not yet approved - is dated May 24 for drainage for a nearby stone wall. Alas, this kind of 'license' (for minor work when major work is carried out) has been all too prevalent over the years, no matter which party has been in power.

Sentence orders garage knocked down

(Photo: diariodecadiz.es)

VEJER The owners of a garage in El Palmar, in the municipality of Vejer, yesterday had it knocked down after a court decided it was illegal. Built over seven years ago, the family insists that it was on land that had belonged to it 'for three generations'. The spokesperson for the family, Javier Porras, said that the garage, of some 90m2, was used for keeping agricultural machinery such as a tractor and a fertilizer sprayer. They had asked for a pardon on the execution of the sentence but it was denied. They had it knocked down or it would have cost them €20,000 through the Council.

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.