The Supreme Court of Justice (TSJCV) of the Valencian Community gives the final green light for the construction of 2200 houses in the last kilometre of the unspoiled coast of Orihuela.
The TSJCV declares the ruling of November 14 final. This means that the court has given the green light for the construction of 2200 houses. These will be on the last kilometre of unspoilt coastline in Orihuela. The court also rejected an order by road manager RCE Carreteras to close access to the N-332 to traffic.
The Cala Mosca urban plan had already been approved by the full Orihuela City Council. Now, the court has ruled in favour of the Orihuela City Council and the developer who was co-defendant, Playa Salvaje SA (Gomendio), declaring the approval of the sub-plan in the plenary session of September 2, 2021 in accordance with the law. The developer now expects them to apply for initial building permits before the summer.
Payment of fee
The ruling ordered Carreteras to pay €2,000 in costs and the political party Cambiemos to pay €1,000. They must pay the sums jointly to the defendants, the Orihuela City Council and the developer.
Housing on Cala Mosca
This gives the green light for the construction of more than 2200 houses on the last kilometre of unspoilt coastline of Orihuela. The TSJCV had already refused last year to take precautionary measures to paralyse the Cala Mosca urban development plan, as both the government and Cambiemos had requested in their appeal.
A court decision that has now been declared final, after the corresponding appeal in cassation to the Supreme Court was not filed within the prescribed period. The Ministry of Transport decided not to appeal the ruling to the Supreme Court and Cambiemos did not do so.
In November, the Supreme Court dismissed the appeals of the Ministry of Transport and Cambiemos. In it, they asked for the urban development plan of Cala Mosca to be annulled. Now there is finally the green light for construction on the last unspoilt stretch of the coast of Orihuela.
No influence on road conditions
The State Attorney, who represents the demarcation of the state roads in the Valencian Community, filed an administrative objection. A report by RCE would not have been taken into account. It pointed out that the traffic study had shortcomings. And, furthermore, that the plans for the protection zones of the N-332 had not been correctly represented. It went on to state that the acoustic quality would deteriorate and that the distance required for road safety for the first access to the main road leaving the roundabout already constructed had not been respected.
Cambiemos asked for annulment of the approval of the urban development plan on the grounds that the agreement was contrary to the legal system because there was no favourable report from the Dirección General de Carreteras.
However, the TSJCV stipulated that “the impact of the planning on the N-332 with regard to road safety, traffic and noise does not exist”. It added “the public interest prevails in the implementation of urban planning within the deadlines imposed by the competent authority”.
The plan approved in 2021, the court stated, does not introduce any additional element affecting the design of the intersection.