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The Justice declares the coastal protection plan (PATIVEL) null for lack of an economic study

February 11 from 2021 - 16: 57

Almost three years after the construction on the coast of the Valencian Community was limited with the decree of the PATIVEL plan, thus leaving many projects on the first lines of beach in areas like ours, the Superior Court of Justice of the Comunitat Valenciana cancels it after the appeal of a company.

The First Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Valencian Community (TSJCV) has declared the Territorial Action Plan of the Green Coastal Infrastructure (PATIVEL) of the Region void, as it is contrary to law Valenciana, approved by decree of the Consell on May 4, 2018.

The judgment, which upholds the appeal presented by a company, concludes that it does not exist in the administrative file, as required by the jurisprudence of the Supreme Court, "An economic-financial study that reflects the costs of implementing PATIVEL and the economic repercussions that it entails for the affected properties and for the municipalities that must develop it, nor that foresees the possible patrimonial responsibilities that the declassification of soil that carries out ".

Likewise, as a second ground for nullity, the magistrates point out that the project violates the Law for Equality between Women and Men by not including an impact assessment report on the basis of gender, as is required in all regulatory projects, including instruments of urban planning.

Said argument, according to the judgment, can be extrapolated to the absence in the PATIVEL processing and approval file of the required reports on the impact that action may have on childhood, adolescence and family.

Finally, the First Section of the Contentious-Administrative Chamber of the TSJCV understands that another reason for nullity is the fact that the plan has not been subjected to a true strategic environmental and territorial evaluation and omits the different possible alternatives.

"The consequences that PATIVEL may have for the population, human health, flora, fauna, biodiversity, geodiversity and other factors mentioned are not analyzed"The court specifies in its resolution, which has the private vote of one of the magistrates and which can be appealed in cassation before the Supreme Court.

Comentarios
  1. Carol says:

    I want you to bring the photo closer to where you can see the crane, the trees and the building already built on the other side.

    There you can see perfectly, a town house on the seafront, still surrounded by its pine forest and trees ...
    Imprisoned by the built building, very tall and the one they intend to build ... much higher than the one built.
    Judge for yourselves ...

    In Calpe they have been DROWNING, FORCING them to SELL, in this way.
    Today to 2021, we will continue to consent to something so unworthy, disrespectful, irresponsible,
    in a country like ours?
    What are they calling us, SCORIA ...?

    THE PICTURES DO NOT SEEM TO BE PUBLISHED I CANNOT UNDERSTAND WHY.

  2. Carol says:

    https://www.informacion.es/marina-alta/2021/02/10/talan-xabia-pinos-protegidos-ver-34373585.html

    We must do everything we can to save what little we have left in the entire Costa Blanca, in this case ... what was built in the 60's today is multiplied by millions of times ... I can more than demonstrate it by sending harsh images ...

    It should have been protected and what little we have left, they destroy it even more in front of our noses, without anyone doing anything ... foreigners and / or the wealthy are openly allowed to destroy it without mercy.

    You have to give work today to gin and / or tear down everything that has been done wrong and above all like this case, leave EVERYTHING as it was in its day:
    Calpe, the Cumbres del Sol, Javea, Denia, etc. places that would have to be protected FOREVER as HUMANITY HERITAGE and expel those responsible and all their descendants from the country and leave them in ruin for so much indignity and daring.

    What kind of laws and justice do we have in this Valencian Community?

    It is very important to pass this and that it reaches the whole world and it is known who and what is being done here.

    It is the responsibility of TOD @ S
    It is useless for a fighter to stay alone.

    Do not stop passing it and let others pass it, the responsibility is everyone's


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