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One of the allegations states that the approval of the Special Plan would mean "an amnesty for possible illegally constructed buildings"

They emphasize "the impossibility of suppressing the crossing of the Four Stones, since a Special Plan can not make modifications on a BIC"

"It is not duly justified that traffic measures for access to Marist and AYS schools should not be borne by the owners of educational centers instead of public funds, which is what the Plan entails"

NOW MURCIA denounces the existence of "flagrant violations of legality" in the provisional approval of the project of the Special Plan for Landscape and Monumental Protection of Paseo del Malecón, for which reason it has registered 7 allegations to the project.

The municipal training points out that "in general terms" it agrees with this Special Plan, and underscores the need to protect the Malecón promenade and its surroundings, "but it must be done in accordance with legality and in terms of equality with all affected neighbors ".

The first of the arguments of Ahora Murcia to the Special Plan evidences the need for the delimitation of the surroundings of the Malecón promenade, on the part of the General Directorate of Cultural Assets, to be carried out beforehand.

"Once declared such an environment is when you must proceed to the final approval of the Special Plan," they indicate, "well, according to the Law of Spanish Historical Heritage and the Law of Heritage of the Region of Murcia, should be the municipal urban planning the that it adapts to the delimitations of the historical monuments and does not pretend otherwise, which is what would happen with the provisional and then final approval of this Special Plan ".

The second allegation establishes the impossibility of qualifying the AYS educational center as 'local equipment'.

"This surface must remain, in any case, as undeveloped land NR with the urban determinations set in the Order of February 17, 2002 of the Minister of Public Works, Housing and Transportation of the Autonomous Community", reflects the text of Ahora Murcia .

In addition, administrations would have to clarify, among other things, "how it is possible that with an exceptional authorization for construction on undeveloped land, obtained in 2002, it has been possible to completely develop 100% of a property, the 12,306 m2 that they occupy the facilities of the AYS school. "

For Now Murcia, also means a determination of the Special Plan "contrary to current regulations" the impossibility of the uses established in Article 35 of the Plan rules, "which aims to pass uses that in the regulations are 'exceptional Public Interest located in rural areas', and that therefore could only be carried out after processing and approval by the Autonomous Community through the appropriate order of the competent counselor,

for some uses admitted as compatible by the PGOU. "Faced with these facts," we would be before a fraud of Law with the approval of the mentioned article 35 ".

The fourth of the arguments of Ahora Murcia to the Special Plan for Landscape and Monumental Protection of Paseo del Malecón indicates that its approval would mean "an amnesty for possible illegally built buildings in force of the current PGOU on undeveloped land, and that should be subject to of the approval of the Special Plan to obtain the required license, which would be violating the regulations in force lacking such urban planning license.

Another of the allegations is the impossibility of suppressing the crossing of the Four Stones, because the Malecon promenade was declared a National Artistic Historical Monument by Royal Decree 1398/1982 of April 30, 1982, published in the BOE DE 25 / 06/1982, "therefore, any modification to the monument declared BIC is an alteration impossible to establish by a Special Plan such as the Malecón, as it exceeds and much of its powers as it is a modification of the BIC."

The penultimate of the allegations presented by Ahora Murcia to the Special Plan indicates the obligation to recover the slopes of the boardwalk, "in accordance with the provisions of the report of the General Directorate of Cultural Assets of the Autonomous Community."

Finally, the municipal training indicates that the Memory of the Special Plan includes measures for vehicle traffic at the entrances to two educational centers that are not public, Marist and AYS.

It would be an expense of 400 thousand euros "that is not duly justified that is not an obligation of the owners of the educational centers instead of the public treasury".

The paper presented by Ahora Murcia stresses that "for more seriousness, all these actions and elements will be carried out on public land, some of them destined for public facilities".

Now Murcia manifests the need for the Special Plan to take into account and remedy "these illegalities in order to be able to execute and comply properly with its objective, which we fully support, to protect the Malecón promenade and its surroundings".

NOW MURCIA

Source: Ahora Murcia