THE High Court has overturned the 2010 revision of the Marbella PGOU (Plan General de Ordenacion Urbana) which was approved by the Junta de Andalucia regional government.
In three sentences made public on Wednesday (November 4), the high court accepts the appeals of a community of owners and two societies against the ruling by the Andalucian High Courts which had rejected their challenges to the revision. The three sentences reached the same conclusion and rescinded the Marbella PGOU for many reasons, as it was not within the powers of the revision to legalise what had been illegally built, there was a failure to meet environmental regulations and there was no report on economical sustainability.
The high court stated that it was aware of ‘the generalised situation of illegal building in Marbella, as a consequence of actions outside or in breach of the previous PGOU of 1986.’ But then said, “We are also aware, due to the amount of illegality, of the exceptional situation created which had serious effects on political management of the city.”
It also acknowledged the municipal and regional attempt to regulate the situation in the city laid down in the revision of the PGOU but said that sadly its responsibility was to control the legality of the revision. The court had no option other than to reverse the council decision as it did not have the power to legalise what was illegally built.