The first term to plead against the sentence of the Supreme Court that requires the complete demolition of the urbanization caceres Valdecañas Island Marina and the conflicting parties show their cards. The trick that has surprised the most so far is that of the company promoting the complex, Marina Isla Valdecañas SL, which has decided to abandon the legal battle for the demolition and will not appeal the last ruling notified on February 15. “We do not want that after 19 years, years and years continue to be claimed,” assure this newspaper Jose Maria Geacivil engineer and promoter of urbanization.
The one who does maintain the judicial struggle is the Extremadura jointthat this Monday, the last possible day, presented an incident of annulment before the same Supreme Court. It is a means of exceptional challenge to urge the very court that has issued a ruling to declare their action null and void. And this, the presentation of the annulment incident, is the first term that has been exhausted, since since the sentence was notified on February 15 there were 20 business days to use this route.
from sentence) to file an appeal before the constitutional Court. But this second step is not yet to be taken. “We will have to wait for the nullity incident to be substantiated before going to the Constitutional Court,” they specify from the regional administration to this newspaper. And it is the same path announced by the owners of the villas in the complex: first request the annulment of the ruling to the Supreme Court and later, once a response has been received, they will go to the Constitutional Court.
Appeal is the position that all parties have maintained since the ruling was issued. first sentence against this project, in 2011, but now the promoter has decided to stand out. That she is not going to appeal, however, she does not suppose that she is in favor of the sentenced total demolition, far from it. “We support that what has been executed is not thrown away”, says Gea, who is tired of the long conflict that this case is leading to. That is why he wants to move forward and stop fighting for the demolition to take the next step: “We will now focus on the compensation to which we are entitled after so many years of work and investment”, says José María Gea, promoter of other similar developments on the coast of Huelva. It must be remembered that the promoter had already claimed more than 200 million from the Board years ago for patrimonial responsibility.
“No one had mentioned the word Zepa before 2005”
Having abandoned the judicial process and focused on claiming compensation, the developer of the MarinaIsla de Valdecañas complex has requested all the information regarding the start of the project from the Board. The promoter, José María Gea, hints that he has doubts about the processing of the declaration of the Zepa (Special Bird Protection Area). He explains that his company came to Extremadura in 2003 with the idea of executing the project, similar to the one he had already carried out on the Huelva coast. Between 2003 and 2004 they presented the initiative to all administrations and there was unanimity. After analyzing the project in detail, in the first half of 2005 the Board “informed us of its decision to support it and process it as a Project of Regional Interest (PIR)”.
Thus, in the second half of 2005, advancing in the processing of the PIR, the promoter decided to begin the investment and execute the project. The deed of land was proceeded on November 21, 2005 and until then “no one had ever mentioned the word Zepa to us, nor that there was any environmental limitation,” says Gea. Only two days later they received “the first communication that the island was inside a Zepa” and “totally surprised.” But it was concluded that it was the beginning of the process and there was nothing official. So, the Board told them “that there was no inconvenience to go ahead with the project.” In 2016, the Environmental Impact Statement was approved first, followed by the PIR. “Everything was processed and approved legally and with all the environmental blessings,” she defends.