Below is the conclusions from the Garrigues Report :


The Garrigues Report

Conclusions :

From this study the following conclusions may be reached with regard to the legal situation of the Camposol estate.

Transfer of the control of the development works for sector A and sector BCDF should take place in phases, as and when the terms set in the plan for its conclusion are met. Once the said terms have all elapsed, the developer shall be granted an extension within which to remedy any technical defects that may be found in the works with regard to the approved projects.

Once this new term has elapsed, if the works should still not meet the qualities and technical characteristics that are sufficient to allow transfer of control to the council, the council has the power (compulsory, in order to defend the general interest and legality that it protects) to execute the bank guaranties and security provided by the developer in order to ensure the proper execution of the works. It shall proceed to execute the works, chargeable to said guaranties, in proper manner and to take over control of the said works once they have been executed and the legality of the planning department has been re-established.

This power held by the Council becomes a duty as against citizens, who should address themselves to the council to demand these powers be exercised in order to defend their interests and the legality of the plan.

These time limits have been generously exceeded in the case of sector A. But even in the case of sector BCDF (where they have not been fully exceeded) it would be possible for the interested citizens to seek the protection they are owed from the Council (by statutory provision), making use of the powers that have been granted for this purpose. This is so because although formally the limits have not been exceeded in sector BCDF, the fact is that likewise the dwellings and establishments should not have been occupied. Therefore the situation of this sector is particularly special, given that, as has been stated before, even though the time limits have not been formally exceeded, the Council is under a duty to intervene in order to ensure the proper provision of the services to those citizens who occupy the sector (with its consent).

In any event, it is noted that the development of sector BCDF has not been executed in accordance with the provisions of the applicable plan, which is in the course of being amended. The council should ensure the conclusion of the estate in accordance with what has been projected.

For its part, the duty of conservation of the estate pertains in sector A to the owners of the area, without prejudice to the duties that may correspond to the developer pursuant to the private sale and purchase agreements. For this purpose, given the provisional transfer of control that occurred years ago, the urban conservation body was set up, and there is no record that carries out any activities whatsoever.

Likewise, with regard to the material content covered by this duty of conservation, the provisions of the by-laws of the Conversation Body, that has been set up should be complied with, where they state the exact scope of the duties undertaken by the owners.

The situation is quite different for sector BCDF, for which the planning regulation instruments (having legal effect) expressly provide that the developer shall be responsible for the conservation thereof until such time as the control of the works is transferred to the Council, at which time the owners shall become a part of the Conservation Body set up for sector A.

It is convenient that the owners should consider that the commencement of legal proceedings is a suitable option in the event of breach of the duties and responsibilities taken on both by the developer (demanding performance of the existing sale and purchase agreements through the civil courts), and by the Council (so that it may exercise its powers), in order to avoid further delays and losses.

As has been stated before, the actions could be commenced by the CRA, in its capacity as a residents association, although it might be convenient to accompany this exercise of individual actions by the private owners before the civil courts. This question should examined properly where appropriate.

Below is the English translation of the letter sent to the Chief Executive of Masa and the Mayor of Mazarron with a copy of the Garrigues Report.

Dear Sir,

To date you have kindly agreed to hold several meetings with the representatives of camposol residents’ association (cra). Some progress has been made regarding the situation of Camposol Estate. Unfortunately, the present situation is still far from being acceptable and it does not match with what the residents, with all due respect, consider to be adequate.

These meetings started to take place some time ago. However, the progress made is not enough. This is clearly seen if we take into account the situation the state is still in. We think that it may be adequate to keep on working together instead of resorting to legal action.

That is why the camposol residents’ association’s governing body finds it appropriate to arrange a meeting between the Council, grupo masa and camposol residents’ association, in order to study the situation that, at the moment, surrounds Camposol’s Estate and the measures that are to contribute to achieve the legalization of the Estate from every point of view, starting of course, by finishing the construction works that will allow the Council to receive the Estate.

We have recently obtained a legal report signed by the firm Garrigues that analyzes the abovementioned situation. We would like to share its conclusions with Mazarrón Town Council and with the promoter. With this end in mind, we have decided to send you this communication.

Without the purpose of being exhaustive but didactic, the report points out some matters that are to be considered as serious, and are related to the fact of the Estate being incomplete, and the lack of urban services. It seems to us that those points require a definitive intervention, and it is the purpose of camposol residents’ association to collaborate in any possible way.

We think that the cooperation of the residents represented by their legally established associations, may be substantial. However, it is obvious that it is a matter of Mazarrón’s Town Council, as part of its protective duty, and of grupo masa (justo y manoli , s.l.), due to its performance as urban agent and promotor, to undertake the appropriate measures that will allow Camposol’s Estate to hold those legally requirable services in a (necessarily) short period.

Those are the reasons that support the following proposal, which for practical reasons, consists in asking the Town Council to establish a date in which we (camposol residents’ association and grupo masa) are to attend the arranged meeting with the relevant Council members. The points that are to be analyzed in the mentioned meeting are, if you find it convenient, the following:

1. Situation of the Estate and actions that are to be taken so the Town Council can proceed to its reception. Agreements regarding this point.
2. Conservation of the Estate.
3. Inhabitation Certificates or First Occupation Licences.
4. Labelling as residential, hundreds of houses in Camposol which are now labeled as turistical.
5. Lack of public services.
6. Identification of the public land that was ceded to the Council.

Thank you very much for the attention that you will surely pay to this letter, I beg you to answer to this initiative the way we think the thousands of people who live in Camposol deserve.

In any case, I will be pleased to provide you with any explanation that you may find convenient.

Yours faithfully,
Roy Pugh
Chairman.
Camposol Residents Association

Please click on the link below to open the Garrigues Report in Spanish.

Garrigues%20Report_-_%28Spanish%29.%5B1%5D.pdf

Please click on the link below to open the Garrigues Report in English


Garrigues%20Report_-_ENGLISH%5B1%5D.pdf

Below you will find copies of letters between the CRA & Sector A committee re joint meetings. As you can see the offer by the CRA has been declined by Sector A Committee.

20th September 2008
To, Chairman, Camposol Homeowners "A" Committee
As Chairman of the CRA, my committee have instructed me at our 38th meeting held 15th September, to write to you to explore the possibility of collaboration in areas of mutual interest.
My committee feel that there are problems which both parties recognise and we could both be stronger working together to identify solutions to these problems.
If you are willing, we invite yourself, and any other member of your committee to meet us at our next meeting which will be held on the 7th of October at 11-o-clock at the Camposol Business Centre.
Yours sincerely
Roy Pugh
Chairman, CRA

2nd October 2008
For the attention of Mr Roy Pugh, Chairman
Dear Mr Pugh
Thanyou very much for letter dated the 20th September which we received on the 26th.
The contents of your letter will be put before the committee at our next official meeting programmed towards the end of October. We therefore are unable to accept your kind invitation to your next meeting on the 7th October.
We will of course advise you of the outcome of our meeting with the utmost speed and thank you once again for contacting us.
Yours sincerely
Frans Permentier
Chairman
Camposol Sectot A Home Owners Committee

29th October 2008
For the attention of Mr Roy Pugh, Chairman
Dear Mr Pugh
Further to your letter dated the 20th instant and our subsiquent reply, we now confirm that this letter was discussed at the Committee meeting held on the 21st October 2008.
It was agreed that it would not be appropriate for our Committee to join forces with the CRA as suggested in your letter to us of the 20th September 2008.
Nevertheless, we would hope to have an informal exploratory meeting some time.
Yours sincerely
Frans Permentier
Chairman
Camposol, Sector A Home Owners Committee.

First Camposol Clean Up Day

This will be held on Thursday the 20th November, starting at 10.30am.

Activities will include relocation of bins on D Sector & Walk Though clean up of litter and small items of rubbish from open areas.

Volunteers are asked to assemble at the large bin site on the dual-carriageway at the top of D sector to be allocated their areas.

Please bring along bin bags etc.. for the collection of waste. Anyone that has access to a trailer and are willing to transport rubbish small distances would be welcome.

Everyone, wherever they live on Camposol will be welcome and we look forward to a real community event.

Camposol Residents Association
Extraordinary General Meeting!!
(To discuss Garrigues Report & Further Actions)
11am Tuesday 25th November 2008
Sensol Golf Hotel
All Members Welcome
(Desk open for new member registration from 10am)