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The Justice annuls, after the contentious appeal lodged by Huermur, the inclusion in the declaration as a Property of Cultural Interest BIC of the Garden of Floridablanca of a clause that established the festive activities in the historical garden as justification of the protection as BIC.

The Superior Court of Justice of Murcia declares "accredited that the" justification of the Declaration of Good of Cultural Interest "was substantially altered so that a new justification (or a decree finally approved) was introduced in the Draft Decree value of the good) that was not included in the Resolution to initiate the file and was not subject to reports or submitted to the hearing process. "

For Huermur, once again Justice shows the way in which public administrations act, and this time gives a blow to the City of Murcia and the Ministry of Culture forcing them to enumerate and authorize individually each and every one of the uses to be requested in the historic Carmelite garden.

Huermur puts on the table, and now more than ever, the need for the city of Murcia to have a necessary party grounds properly conditioned, where several fairs, events and festive events of the capital can be housed, thus reducing the pressure to which numerous monumental and protected areas of Murcia are subject.

The Association for the Conservation of the Garden and Heritage of Murcia (Huermur) expresses its satisfaction at the recent judicial ruling of the Superior Court of Justice of Murcia, which annuls a clause that the Ministry of Culture included in the final decree of the BIC statement of the Garden of Floridablanca de Murcia, in a "surprising" and irregular way as the recent sentence implies.

This controversial clause was not the object of a report by the advisory institutions and no hearing proceedings were opened regarding it.

The TSJ thus gives the reason to Huermur, canceling this clause that gave "white letter" to the City of Murcia and Culture to authorize all kinds of festive facilities in the unique historic garden of Floridablanca, under the umbrella of traditional uses of popular festivals.

A garden that was declared in 2017 as a Property of Cultural Interest at the request of Huermur, thus becoming the first garden in the Region to have maximum legal protection under the cultural heritage law.

The origins of the emblematic Floridablanca Garden, known to all Murcia, date back to the eighteenth century and since then the garden has contributed in a leading way to configure the urban image of Murcia, becoming, at the same time, a privileged space of citizenship.

Huermur remarks that this judicial decision comes to show that the uses that are authorized in the future in this valuable garden of Murcia that has the maximum legal protection to be BIC, must be clearly reflected and enumerated in the BIC statement of the garden, as well as must be authorized in each specific case by the Ministry of Culture.

The conservation group also adds that a report by the Royal Academy of Alfonso X the Wise issued in 2014 already indicated that temporary occupations of the garden with degrading effects, certain buildings, and decorations should be avoided.

Specifically in the report, which has also been included in the judgment, it was highlighted that “this Academy expects this protection figure to allow proper attention to the maintenance of this landscaped space avoiding extemporaneous decorations (…) temporary occupations with effects of degradation of its botanical and landscape value or buildings in its interior such as those located at its southwest end ».

In the same vein, the President of Huermur, Sergio Pacheco, points out that: "The Ministry of Culture, in collusion with the City Council of Murcia, wanted to sneak at the last moment this controversial clause in the Floridablanca BIC statement, a statement that we ourselves we had requested to protect the garden. But when we did not agree with that addition, we had to go to Justice, which finally proved us right and put the way of acting of Culture and the City Council itself into a break. "

He also added that "from Huermur we will not hesitate to go to court, in all those cases in which we believe that the Ministry of Culture or any administration does not act diligently and correctly when it comes to protecting the heritage or the environment. It is not going to be allowed that the cultural heritage is at the whim of the politicians on duty in this Region. "

Huermur urges the Ministry of Culture and its General Directorate of Cultural Property to respect and safeguard the procedure and legal certainty, to avoid new fiascos with the complete cancellation of BIC declarations or protection environments happened in recent years and, as in this In this case, the cancellation of justifications included at the last moment and without public presentation or advisory reports.

Finally, Huermur puts on the table, and now more than ever, the need for the City of Murcia to provide the city with a necessary party grounds properly conditioned, where fairs, events and festive events of the capital can be hosted , thus reducing the pressure to which numerous monumental and protected areas of Murcia are subjected, such as the Floridablanca Garden, the Paseo del Malecón and its botanical garden, or the emblematic Cathedral Square.

Source: HUERMUR