Thursday, 4 March 2010

Vile rumour dispelled - dirty tricks

On February 27th, the administrator of an Arboleas Forum wrote:

"Perhaps you are not aware of this fact. As told by the daughter of the Prior's to someone I personally know. That their building licence was for a house to be built where their garage is NOT where it was built. This is the main reason, as far as I am aware for the demolition order. It would be EXACTLY the same in the UK if someone built a house in the opposite corner to where planning permission had been granted. This detail is not in the public domain for obvious reasons. I respect those reasons and would not want to harm any prospect of them getting compensation. Therefore have never disclosed this fact on the forum."

To debunk this particular fact/rumour once and for all.

The content of the private message was sent to different sources, which were then linked back to Len and Helen Prior, who are far too dignified to get personally involved in these vicious rumours.

However, they did give me the following statement:

"The building license for 'Tranquilidad', the home belonging to Len and Helen Prior was revoked because the Junta said it could cause a POSSIBLE URBAN NUCLEUS. There was no other reason, other than political.

We are prepared to show documentary proof of this to anybody who thinks they know better."

In addition, I am told that all of the paperwork is in the town hall for anyone to see.

Also, you can download a copy of the Judgment of the Spanish Constitutional Court, which goes partly into the history of the matter, by following this link:

The Judgment centres on whether they were properly notified of the proceedings but recites the Town Hall deciding the following to comply with the order of the Almería court revoking the licence:

Los demandantes de amparo en fecha 5 de mayo de 2006 recibieron la siguiente resolución del Ayuntamiento de Vera:
"Primero.- Proceder a la incoación de expediente de restauración de la legalidad urbanística, en cumplimiento de la sentencia número 53/04 de fecha 19 de abril de 2004, dictada por el Juzgado de lo Contencioso Administrativo número 2 de Almería, en cuya virtud, se anula la licencia concedida a D. Leonard Jhon Prior y Dª Helen Prior, para la construcción de una vivienda en suelo no urbanizable en Paraje, La Loma del Municipio de Vera, al haber vulnerado el otorgamiento de la citada licencia, la prohibición de parcelación en suelo no urbanizable.

The situation:
Building licence given by Town Hall of Vera.
Revoked by court action brought by the Junta on the basis of the risk of an urban nucleus arising (ie the existence of an urban parcelisation).
Revocation of a building licence implies the demolition of what has been built in accordance with it.

Now, about vile rumours? More dirty tricks?

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