With the acceptance of new Marbella Town Planning (PGOU) by the Marbella Town Hall and Junta de Andalucía to legalise some property in the region, it seems the confusion and complexities in the plan are yet to be resolved. Recently, the court has ordered demolition of 24 apartments against the plan.
In a recent judgement, the High Court of Justice of Andalucía (TSJA) has ordered for the demolition of 24 homes in three buildings in the neighbourhood of Los Monteros. As per the new town planning lay out (Plan General de Ordenación Urbana), the construction falls under the newly defined legal ground.
The Andalucía High Court in July 2007 had annulled the license to the proposed building and any further construction summoning irregularities in planning legislation during the time. Subsequently, the court ordered for the demolition, however, the City Council then appealed in the court not to execute the order citing the pending of approval of PGOU.
Although there is a legal complexity in executing the plan, the court in Sevilla considers that simply changing the plan is not enough to annul a previous sentence. The legal bench also quotes that the new PGOU Urban Plan is still not completely effective and awaiting the final approval.
The court now calls on the Town Hall to start demolition drive forthwith, and also get updated on its progress every two weeks. This is also a legal warning to the Town Hall to act on, as the direction is in accord with the right to the owners of the urbanisation who requires the demolition.
Under such circumstances, the Marbella City Council has the option to appeal in the Supreme Court (Tribunal Supremo de España) to bring some respite in terms of seeking time for the general plan to be approved.
Just days ago, the Andalucían High Court in response to an appeal from the Los Monteros Urbanisation and the community owners, rejected a ruling that had suspended a demolition of 150 of 780 square metres of luxurious villa owned by well-known actor Antonio Banderas. The court finds that the land extends to an area that invades the urbanisation plan, albeit the new PGOU approves the villa to be legal.
Note: In July 2009, the Mayor of Marbella Angeles Muñoz had endorsed the final draft of PGOU, which legalized 16,500 units of properties. In addition, a total of 1500 houses were marked as illegal and hence invited demolition while 500 apartments those are presently inhabited are now under court’s consideration.

Born as José Antonio Domínguez Banderas on August 10, 1960, he is one of the eminent Spanish faces known for his acting skills in many native and Hollywood movies. Leaving his soccer dream behind following a foot injury at the age of 14, Antonio joined drama classes at the School of Dramatic Art in Malaga which eventually brought him to the fore of theatre and drama.
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