The TSJA have agreed to suspend three licences granted by Marbella Town Hall, which will affect 156 apartments in total. They were already suspended before as a precautionary measure by the Administrative Appeals Court of the TSJA who are now reiterating their decision having rejected allegations made by the Town Hall.
The suspended licences include one for 70 apartments, garages and 2 commercial buildings in Elviria lV West granted to the company “Pinogolf SL”, another for 46 apartments in Huerta de las Marinas in Guadalpín Sur granted to the “Jardines del Mediteraneo” corporation and another for 40 apartments, garages and a common area in the “El Ingenio” area granted to Apex Real Estate Company.
The High Court maintains that with these suspension proceedings, if work is permitted to continue up until the time a legal verdict is reached, it could affect the transformation of the town plan. The TSJA carried out an analysis of the town planning situation of Marbella and specified that not one of these suspensions can be treated as an isolated incident, given the present circumstances in the town.
The court itself knows that in the town planning business, suspension orders are extreme but it is indisputable that once work has begun, it is practically irreversible.
The regional government maintains that the contested licences wrongfully originally allowed the construction of multi-family blocks of apartments on land only classified as suitable for single-family homes.
The Town Hall confirmed yesterday that they will respect 100% every legal decision made by the courts and that they respect the verdict to suspend the three licences mentioned above. Sources from the town explained yesterday that the allegations made by the Town Hall regarding the suspension were due to the possibility of there being a dissimilarity of criteria.
The Town Hall have officially made a statement in which they say; “We have not been, we will not be and we do not want to be in breach of the law”.
