VERDEMAR Ecologistas en Acción has reported the marketing of homes in the protected area around the Castillo de la Duquesa without any record of full compliance with the Special Plan.
The environmental association has lodged a complaint with the Málaga Provincial Delegation of the Regional Ministry of Culture and Sport of the Junta de Andalucía after finding that homes belonging to the project “Urbanización Plan Parcial El Hacho – Promoción de viviendas exclusivas en Manilva, en primera línea de playa de La Duquesa” are already being advertised, specifically an apartment located at Carretera El Castillo, 1, listed on a property portal.
Castillo de la Duquesa is declared a Bien de Interés Cultural (BIC, Asset of Cultural Interest), so its surroundings are subject to a special heritage protection regime. The Special Plan for the BIC Castillo Surroundings Zone expressly states that any building licence requires a prior report from the Regional Ministry of Culture of the Junta de Andalucía, in accordance with article 48 of Decree 19/1995 of 7 February.
Furthermore, the Special Plan provides for the excavation of 100% of the affected plot in the first stage of development. However, according to what has been observed on site, only approximately 70% of that excavation appears to have been carried out.
The reporting organisation considers that marketing the homes in advance, without public record of full compliance with the provisions of the Special Plan or of the required cultural authorisation, could constitute a breach of the regulations protecting historic heritage and of current planning law.
It has therefore formally requested that the complaint be added to the relevant administrative file and that the following be verified:
- The existence of the prior report and ruling from the Regional Ministry of Culture.
- The actual degree of completion of the works set out in the Special Plan.
- Whether the works comply with the regulations protecting the BIC surroundings.
The association points out that protecting historic heritage is not a mere administrative formality, but a legal obligation aimed at guaranteeing the conservation of cultural assets of particular importance to the public.
