NOTE REGARDING ALCANAR (TARRAGONA) PP-9

FINCA LA MARTINENCA

I.- The Alcanar General Urban Development Plan (Plan General de

Ordenación Urbana de Alcanar), (D.O.G.C. no. 4389 dated 23.5.05,

pages.14620 and successive) establishes that the PP-9 comprises 26.20 Ha of non-

programmed land designated for development (suelo urbanizable no

programado), in order to carry out the residential development of “Finca La

Martinenca”, which is bordered by the CN-340 main road, the Montsiá Mar

urbanisation, the coastal area (zona marítimo terrestre - ZMT) and the “Barranco de

la Martinenca”, which will be managed via a landowners body (sistema de

cooperación).

II.- The P.D.U.S.C.-2 “Coastal Area Urban Planning Master Plan (Plan Director

Urbanístico de los ámbitos del Sistema Costero), comprised of the sectors of zoned

land designated for development (suelo urbanizable delimitado) without an

approved local level plan (plan parcial)”,(D.O.G.C. no. 4577 dated 17.2.06), affected

the PP-9 , as it identified it as sector no. 44 and originally classified it as land not

designated for development, as it was included in Art. 5.1.

In relation to the PDUSC-2 which applied the classification of land not designated

for development to the PP-9, the co-owners appealed to the authorities and

brought a lawsuit before the Catalonia Supreme Court of Justice, and

these petitions were settled (via the ruling dated 29.2.08 by Catalonia's regional

policy minister) and the lawsuit (with the Catalonia Supreme Court of Justice judgement

dated 01 September 2010) awarded in favour of permitting its land classification as

land designated for development, that had already been established in the

Alcanar general urban development plan, by including it in Art.5.2, but with the

following requirements:

1.DEVELOPMENT TERMS & CONDITIONS:

- The protected coastal area (as marked)

- Half of the south-westerly area of the area indicated in the plan

will be reserved as a protected scenic area.

Urban planning terms and conditions:

- The protected coastal and scenic areas, will be classified as open

public spaces and the obligatory transfer of land for public services

may not be located in these areas.

- The buildable area may not exceed a maximum of

45,000 sq m.

- The maximum number of homes will be 509.

2. Obligatory transfer of 154,769.94 sq m of land, in favour of the Alcanar Town

Hall, to be used as open spaces and protected coastal and scenic areas and the

obligatory transfer of 13,193.43 sq m of land for public services. All of the above in

accordance with the specific regulation record (ficha normativa específica) and

corresponding Urban Plan in accordance with the aforementioned resolutions.

III.- The “Las Tierras del Ebro Sub Regional Plan (Plan Territorial Parcial - PTPTE)",

included the PP-9 as “land not designated for development”, based on the fact that

that was how it was originally classified by the PDUSC-2, without taking in to

consideration the aforementioned petition and judgement.

In an attempt to avoid errors, the co-owners proposed an adjustment to the

PTPTE with regard to this classification as “land not designated for development”, by

informing the official co-ordinating the plan, Mr. Gabriel A. Palacios y Villacampa for

this purpose on 17.12.10, in the following manner: …For its part, Art. 3.1 of the Regional Plan urban planning regulations (Normas de ordenación del

Plan territorial) literally states, that this has been drawn up in accordance with regional, sector

specific and urban planning legislation in force, as well as with the remainder of the applicable

legal resolutions, and Art. 3.4 of the same regional urban planning regulations, also literally

stipulates in its text, that areas located in historic centres and their surrounding areas and special

areas indicated on urban plans, comprise urban land (suelo urbano) and land designated for

development in the urban planning in force, in accordance with the information available at the

time the Plan was drawn up. In the event of doubt or contradiction, the

classification that the area actually has shall prevail… i.e. land

designated for development as detailed in the urban planning

instruments that have been definitively approved at the time the

Regional Plan was finally approved.

"As a result, in accordance with these principles and that stipulated in the ruling of the Catalonia

Supreme Court of Justice dated 01 September 2010 the inclusion of PP-9 in the

specially protected land not designated for development

remains null and void… and, therefore, it retains its

status as land designated for development … with part of the land comprising a specialised residential area and another part as protected

regional land (suelo de protección territorial), in accordance with Art. 5.2 of the

PDUSC-2 in force (consistent with the other Alcanar sector that has the same ruling)”. Therefore, it is not necessary to amend the Regional Plan in this case, neither does it need to be

amended each time that a new urban planning designation is approved that introduces

changes to the Land designation (Régimen de suelo) or a new informative study or infrastructure

construction project that modifies the design of the same, as indicated in the Regional Urban

Development Plans.