The association asks Manilva Town Hall not to grant the licence until all the protections affecting the plot have been clarified.
Verdemar Ecologistas en Acción has submitted a written objection to Manilva Town Hall against the construction of a new residential development in La Duquesa, on the plot with cadastral reference 9957909TF9295N0999AX, next to Marina de la Duquesa and on the seafront.
The association considers that the fact that a plot has been classed as urban land for decades does not mean that it can now be built on without first checking all the restrictions and protections that apply to the land.
A plot with a significant archaeological impact
One of the main grounds for objection is the possible impact on the archaeological heritage around the Castillo de la Duquesa.
Verdemar states that an archaeological investigation is currently under way which is said to have covered approximately 70% of the plot, and it calls for a determination as to whether the investigation needs to be extended to 100% of the land that could be affected by the works.
The association considers it essential to know what remains have been found, their extent, age, historical and scientific importance, and the level of protection that may apply to them.
“We still do not know the value of the remains found, nor whether they can be compatible with the planned construction. First it must be determined what heritage exists and how it should be preserved, and only then decide whether the development rights can be exercised”, says Verdemar.
The association also calls for a possible solution, consisting of raising the apartments and leaving the archaeological remains visible or incorporated into the development, not to be accepted without further scrutiny.
The Cañada Real de Los Barrios a Estepona crosses the plot
Verdemar has also checked on the Rediam Geographic Information Viewer that the Cañada Real de Los Barrios a Estepona (a historic livestock drovers’ road) crosses the area of the plot.
It therefore demands that the Town Hall provide the official boundary survey and definitively clarify the route and legal status of the livestock route at this point.
The association points out that the planning documentation for the area refers to “livestock route: exchange and adaptation”, and therefore considers it necessary to know what administrative action was taken, what area it affected and what the current legal status of that land is.
Coastal law: the protection easement crosses the plot
A third restriction is added to this situation;
Verdemar has consulted the official viewer of the Ministry for the Ecological Transition and the Demographic Challenge on the Maritime-Terrestrial Public Domain, where the plot appears crossed by the “Approved SP limit”, corresponding to the approved limit of the protection easement.
For the association, this is especially relevant as the project is a residential development on the seafront.
Verdemar asks that, before any licence is granted, the official boundaries of the maritime-terrestrial public domain, shoreline, protection easement and access easement be overlaid on the project, determining exactly which part of the plot and of the project is affected.
The “Castillito”, another issue to be clarified
The association has also asked the Town Hall to clarify the administrative status of the so-called “Castillito”, located next to the plot.
According to the information available to Verdemar, a procedure may be under way before the Junta de Andalucía relating to the regularisation or legalisation of existing homes in this area, which may be affected by the maritime-terrestrial public domain.
Verdemar does not prejudge the outcome of that procedure, but considers it essential to know whether it exists, which authority is handling it, what the case file is, which buildings it affects and what their situation is with regard to the coastal boundary survey.
“If the situation of existing homes is being reviewed because of their possible impact on the maritime-terrestrial public domain, the situation of the plot where a new development is planned must also be clarified with absolute precision”, says the organisation.
Verdemar asks for the licence not to be granted
For all these reasons, Verdemar Ecologistas en Acción has asked Manilva Town Hall not to grant the new-build licence until the archaeological, livestock route and coastal restrictions have been fully determined and resolved.
The association insists that it maintains its express opposition to the planned development until it is shown that the development rights can be exercised lawfully without compromising the archaeological heritage or breaching the various sectoral protections.
“The fact that a plot has been urban land for decades does not mean there is now an automatic, unconditional right to build. Archaeological protections, livestock routes and coastal legislation must be respected”, concludes Verdemar.
Verdemar requests that all documentation, reports and decisions produced be added to the case file and that the association be kept informed of the actions taken.
