Mr. Gonzalo Fernandez García, lawyer and as representative of the company Holanducia, S.L., studies the PGOU from 1986 till date also and for the same time the POT to make allegation to the Special Plan of the Reservation of thementioned Area, “Holanducia Plot” site in the municipal area of Marbella in a write presented on 10th January 2008 at JUNTA DE ANDALUCIA’s offices in Málaga,
Mr. Gonzalo in the name of the company can see that the plot is considered by the POT a Strategic Area to be used as private and public service, at the same time PGOU is adapting the new plan 100 % to built gardens, houses, bus or trainstation, hotel and the most important an conference hall but never they are looking to see that this area is considerer as Non Classifier and no one reserve the soil for their objectives.
One time the POT considerer this area as Strategic, the PGOU present with virtual photos and plans the project, the PGOU does not develop for this plot and this Strategic Area the determinations that it comes fromthe Regulation of the POT, also the PGOU present in their plans General System excluded of the classification of the soil this area liner as delimitation for the general system excluded in the soil classification, something that it must be considered a contradictory.
For the allegation the lawyer writes the following,
1- The POT departs from erroneous information, with which there isdemonstrated that its conclusions are not even the correct ones does not even come to coordinate and establish a few guidelines on the growth and development of the Costa del Sol.
2- The POT of the Costa del Sol, it realizes the delimiting of a strategic area, known as M5 Conference Hall Banus, and it develops normally in agreement with the articles 38 to 41 of its Regulation. The Reservation of Soildoes not realize object of this Special Plan; since this way could have done in agreement with the article 73.1 of LOUA; And it never entrusts, its reservation, but it arrangement to the General Plan, as optional determination of character of the same one, even if the same article 73.1 of the LOUA, it allows also the General Plan, to establish any class of reservation of areas with possibleacquisition for the constitution or extension of Crown lands of soil. It is less very artful, and suspicious, the fact of delimiting the soils, with a Subregional Exposition, and not to realize it reservation, and at least to entrust the above mentioned reservation, to the General Exposition that already was in phase of development, simultaneously that was proceeding with this exposition, to initiatethe processing of this Special Plan for the reservation of areas. This one be clearly that obviate two possible steps for the reservation, and there is realized by a new document, clearly necessary, The Special Plan, step that is admitted by the LOUA into his article 73, when there is a fault or an insufficiency of the forecasts of these reservations in previous instruments, Planning scheme of theTerritory (POT), Plan with incidents in the Land management, or General Plan.
3- There takes place a duplicity of steps that concern to the areas object of this reservation, where we can see after it study that all the steps that are realized on these
soils, are overlapping in the time, and the accomplishment of the reservation) goes way eluded successively so much for thePOT, since for the PGOU in draft, a Special Plan specified for this LOUA, and there is proceeded a Special specific Plan for this reservation. It looks like that the aim of this succession of "forgetting" in the reservation of the areas, were filled with mortar, as we have seen previously, the soils to which there was assigning to itself by the General Plan, an urban development utilization...