The judge rejects the appeal of adverse effects against the licenses that made possible the opening of a flea market in Comunidad Valenciana Avenue
The magistrate of the Court of the Contentious-Administrative number 1 of Alicante has dismissed the claim for adverse effects presented by the City Council in front of the concession of the environmental licenses and of work that made it possible for the Outlet Market CB to open a new flea market in Comunidad Valenciana Avenue. The ruling, which has been reported today in an informative commission, concludes that both the decree granting the environmental license and the concession "for administrative silence" of the work are "in accordance with law" and imposes the costs of the City Council procedural.
The Councilor for Urban Development, Lourdes Caselles, explained that the chronological account included in the judgment confirms that the favorable processing of this file was carried out during the previous legislature - under the government of PSOE and Liberales Benidorm. During this administrative period, according to the ruling, from the City Council "at no time was reported in an unfavorable manner or any obstacle" to the implementation of this activity. As a result of this procedure, the ruling holds, the current councillor of Urbanism "had to issue a resolution in August 2015 granting the environmental license."
Thus, according to the ruling, it was in August 2013 when the urban compatibility requested by the company for the implementation of this activity was reported favorably. Subsequently, on October 24, 2014, and at the request of the General Directorate of Commerce and Consumption, the City's Engineering Department reported "favorably" the implementation of the activity, marking "the minimum conditions" that had to be met.
The ruling mentions that on September 22, 2014, the plenary "voted for a motion proposed by the Popular Group" that led to "the issuance of all the technical reports" and "to the granting of hearing proceedings to the AICO association so that make allegations, leaving said association to pass the period legally established without making any claim and without opposing the implementation of the trail. "
"From the previous proceedings," continues the ruling, "it follows that the Municipal Corporation considered all the requirements for the implementation of the activity to be met."
In view of the chronology of processing of the file, Caselles has indicated that "I hope that all those who, being in fact responsible, insulted, asked for resignations and falsely accused of a premeditated, nocturnal and treacherous action apologize", since "It has been proved who were those who, before the change of government team, decided with their performance and under their responsibility that this activity was implemented in Benidorm and the works were executed".
The councillor has indicated that the Legal Department must now report "on the content of the sentence" and on "the possible presentation of appeal within 15 days." A decision that should be taken by the plenary session since, following the granting of licenses, the corporation agreed that all proceedings related to this file should be voted on in full.