Portal de Cartagena
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The City Council of Cartagena has not granted a license for the demolition of the old prison in San Antón because its degree of protection is still pending judicial judgment.
The Superior Court of Justice of the Autonomous Community of the Region of Murcia (TSJ) supports the decision of the Consistory to suspend the demolition cautiously until there is a final sentence to avoid an irreversible evil, such as the demolition of the prisoner of prisoners.
In this same sense the Plenary of the City Council approved it, without the opposition of any group.
It should be remembered that the City Council has not paralyzed the demolition by a whim, but because to date two procedures have been initiated by the General Directorate of Cultural Property (DGBC), which have forced to request authorization and suspend the procedure for granting demolition license until the courts clarify the degree of protection, since the DGBC extended the protection and the property appealed.
On March 22, 2017, DGBC initiated the procedure to declare the building well inventoried, following a request by CTSSP in January 2017 (before the property requested a demolition license).
In said procedure, the DGBC established the need for the City Council to request authorization before granting license for any action on this property.
This was done by the City Council, by resolution of April 18, 2017.
The City Council received no response and reiterated its request on August 4, 2017.
Seven months passed until November 29, 2017, the DGBC authorized the works, during which time the file was suspended.
At that time the processing of the demolition file was resumed, with the pertinent request for reports and repairs to the property.
On April 10, 2018, the DGBC declared the expiration of the 2017 file and initiated another, with the same precautionary measure of the need to request prior authorization from the DGBC before authorizing any action.
As a result, the demolition file was resumed with the new project submitted by the property, the relevant request for reports and repairs.
On July 5, 2018, the City Council again requested authorization from the DGBC, which took six months to issue.
Meanwhile, the demolition file was suspended, so the petition was reiterated and received on January 10, 2019.
Against this resolution, an appeal was filed and a prior requirement for the authorization of works, which led to the contentious-administrative appeal before the TSJ Chamber by the City Council.
This month, the Administrative Litigation Chamber of the TSJ once again gave the reason to the City Council of Cartagena and agreed again the precautionary suspension of the demolition of the prison pavilion of the old prison of San Antón.
Therefore, the Government Team considers that there is no prevarication of any kind and that the procedures and deadlines established by the DGBC and the regulations have been followed, and the sovereign mandate of the Plenary has been respected.
Source: Ayuntamiento de Cartagena
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