Portal de Cartagena
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The Urban Planning Area headed by Mayor Jose López will inform the Legal Advice so that the City Council does not resort to a sentence contrary to the creation of a square in front of the Basilica of Charity through the expropriation and demolition of buildings;
And thus the judicial resolution becomes firm.
Mayor José López has reported that "it is a great satisfaction to increase the protection of unique buildings such as the one that is the object of this procedure and also to verify that although delayed, justice has been done with our heritage, as we defended from the opposition."
"The technicians have informed us that this protection can be assumed without any problem, because it was a discretionary decision to locate a square in front of the Basilica of Charity, so that in our line of defense of the patrimony we will not resort and the resolution will be firm.
A new sign that losing is earned. "
JUDICIAL PROCEEDINGS OF MORE THAN TEN YEARS
This situation is the result of a long judicial process that lasts more than ten years, and that in the Superior Court of Justice of Murcia annuls the provision contained in the PEOPCH to create a square in front of the Church of Charity by expropriating all The apple and provides for inclusion in the Catalog of Protected Buildings No. 22 of said block.
The PEOPCH was drafted by the "Study and Urban Development Team of the University of Navarra and began its processing in 2002 with the publication of the Avance, until it reached its final approval in 2005.
The document, from its initial approval, contemplated the opening in front of the Church of the Charity of a green zone that crossed the whole area of ​​the Montesacro, that allowed to obtain a space of entity in the facade of the church and to open a way of penetration to the area.
This determination was reported favorably by the General Directorate of Culture, for which reason it reached final approval.
Such an end was the subject of administrative contentious action by the owners of the apple in question, which in a first sentence of the TSJ dismissed the appeal and maintained in force that determination of the PEOPCH.
Once the judgment has been appealed, the Supreme Court issues a first judgment in which it orders the Chamber to return the proceedings to clarify certain issues.
Resumed the matter by the TSJ of Murcia, this one returns to sentence by which returns to reject the resource, fundamentally because the reports of the municipal architects are endorsed by the General Direction of Culture.
This sentence is appealed again and the Supreme Court dictates a second Judgment in which again returns the case to the TSJ of Murcia to finally decide on the provenance of cataloging the building No. 22 Caridad Street.
On January 31, the City Council was notified of the third sentence of the TSJ of Murcia, which estimates the administrative contentious appeal and annuls the determinations of the PEOPCH as they relate to the apple located opposite the Church of Charity and provides for inclusion in The Catalog no. 22 of Caridad street.
The ruling, which is based mainly on the expert report prepared by the architect Felix Santiuste de Pablos, who was Head of the Patrimony Service at the Directorate General of Culture of CARM, believes that:
1. The reasons that according to the Law 16/85 of Historic Heritage are not fulfilled would make possible the exceptional alteration of the existent alignments and that they affect the apple 81,391 that is intended to make disappear.
2. No reasons have been provided to justify that the building on Caridad Street, 22, which was listed in the General Plan and the Montesacro Special Plan, is discontinued.
On the contrary, as is clear from the municipal argument, still recognizing the values ​​of the building, its purpose is the demolition of the block in which it is located.
3. Whether or not the Church of Charity has a new place in front of it can not be considered a sufficient reason, in accordance with the criteria established in art.
21 of Law 16/85, to alter the urban layout and alignments of that area of ​​the Historic Quarter of Cartagena
Source: Ayuntamiento de Cartagena
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