A MAN will not have to demolish his wooden house in Churriana, built on protected land, as it has been considered that it is not a permanent structure.
The situation arose in 2009, when the Churriana tunnel was being built near his home and vibrations from the work inconvenienced him. He then requested permission from the department in charge of the Churriana district of Malaga to build a wooden house on a plot in Las Viñas hunting area, which he was in charge of as he was president of a hunting association.
He was granted permission to have the 24-square-metre house on the plot until the work on the tunnel was completed. He also built a porch and three smaller structures and surrounded the area with a wire fence.
In 2011, he was reported by Local Police to Malaga City Hall’s Urban Planning Department, which considered the house a permanent structure built without a permit on protected land. He was sentenced to a year in prison, a fine of €2,160 and given a demolition order.
However, he appealed the sentence in Malaga Provincial Court, providing a notary’s report and photo evidence and the house was considered by the court to be provisional as there are no foundations or permanent structures.