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José Vicente Pérez Pardo
Alicante
Jueves, 16 de enero 2025, 07:27
A court has ordered the resumption of construction works for a private hospital in Vistahermosa, opposing the decree from the Urban Planning Department to completely halt the works. The company responsible for the construction appealed this decision, and initially, the court has ruled in their favor.
The Judge of Instruction No. 2 of Alicante has issued a ruling suspending "the execution of the appealed resolution, allowing the continuation of works with a valid license not affected by the urban legality restoration procedure initiated on August 12, 2024." This is stated in the judicial resolution, accessed by TodoAlicante, which is subject to appeal to the same court.
According to the same judicial document, the appealing company MPT Alicante SL requested a major work license for the construction of a private hospital in Sector PE-APA/9 in Vistahermosa, which was granted by the Alicante City Council decree dated November 23, 2022.
Thus, the works began normally. However, the Alicante City Council issued a decree on September 13, 2024, ordering the immediate halt of the ongoing works for "not complying with the granted license." This is the resolution under appeal.
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The City Council then released a document containing the report from the Technical Department of Works Control, dated July 10, which confirms "an increase of two floors compared to the granted license and one floor above the maximum height allowed by the current planning. This volume increase also results in an excess of buildability, exceeding the maximum allowed by current regulations."
Well, the plaintiff "admits the suspension agreed by the Administration for those parts of the works not covered by the license," the court order states, "although it requests a precautionary measure to suspend the execution of the appealed resolution [...] concerning the works that are indeed covered by the license." That is, the construction of the floors included in the municipal authorization.
The company believes, according to the judge, that the execution of the appealed resolution (the halt of the works) "could cause damages of difficult or impossible repair, given the magnitude of the works and the difficulties that could arise from the inability to build what is covered by a license." Moreover, "a future planning modification could support what is intended." In other words, the two additional floors that, according to municipal technicians, were being constructed and are not part of this procedure.
For its part, the Alicante City Council argued that "it was the plaintiff itself that placed itself in a supposed situation of illegality by acting outside the granted license." And that "the principle of proportionality cannot be applied when processing a procedure for the restoration of urban legality."
However, the judge believes that "it is possible to differentiate between actions covered by the license and those that constitute an excess," so "it is appropriate to adopt the precautionary measure only concerning the works covered by the license." Not so "regarding the excess construction that the appealing company intended to execute."
Therefore, the judge grants the precautionary measure requested by the plaintiff: "Continue the works with a valid license not affected by the urban legality restoration procedure initiated on August 12, 2024."
Against this resolution, an appeal can be filed with the same court.
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