On 12 January 2022, the Juzgado de Instrucción No. 4 of Reus admitted for processing the criminal complaint filed by the Asociación de Vecinos “Les Planes del Rei” (SOS Planas) against officials of the Municipality of Pratdip. The complaint denounces urban planning irregularities, acts of prevarication, and disobedience related to the reparcelación project of the PAU 4 – Planas/Planes del Rei.
1) Persons concerned and context
- Persons concerned: Joan Maria Rovira Vernet (mayor) and Izaskun Larroya Robert (secretary-interventor), as well as any other natural or legal person who may be held responsible.
- Context: since 2012, the municipality has attempted to relaunch a reparcelación project for the PAU 4, systematically challenged and rejected by the Property Registry of Falset. Last publication: 14 December 2021 in the BOP of Tarragona (“Modificación del 2º Texto Refundido del Proyecto de Reparcelación Económica”).
2) Legal grounds invoked
- Art. 320.1 CP – Crime against land use planning and urbanism (approvals or licenses contrary to regulations).
- Art. 404 CP – Administrative prevarication (arbitrary and unjust decision taken knowingly).
- Art. 410.1 CP – Disobedience and denial of assistance (refusal to execute judicial rulings or administrative orders).
3) Facts and irregularities denounced
- Repeated non-enforcement of rulings and decisions favorable to the owners and the association.
- Irregular publication in the BOP (14/12/2021) of the 2º Texto Refundido of the reparcelación.
- Lack of individual notifications to owners within legal deadlines (letters only sent on 12 January 2022).
- False mention of an EUCC active, although its dissolution was confirmed by the TSJC on 21/07/2016.
- Cessions and receptions: green areas, roads, and facilities (pool, public spaces) already materialized and received, as confirmed by the municipal report of 31/03/2021 (urbanization “fully consolidated”, maintenance only).
- Illegal distribution of costs: total cost €7,212,552.78. According to Art. 139 TRLUC (cooperation): 44.9% (≈ €3.2M) at the municipality’s expense, 55.1% (≈ €3.97M) borne by the owners. This rule was not correctly applied.
- Violation of Art. 140 TRLUC: the initiative for the project should have been granted to the owners (>50% of surfaces), which was not respected.
4) Association’s requests
- Art. 320.1 CP – Conviction to 3 years in prison + €7,200 fine (24 months at €10/day).
- Art. 404 CP – Prevarication: 10 years disqualification from public office and passive suffrage rights.
- Art. 410.1 CP – Disobedience: 2 years disqualification + €3,600 fine (12 months at €10/day).
- Compensation: joint payment of €50,000 for damages and losses.
5) Key points to remember
- The court recognizes the legal solidity of the arguments and opens the investigation phase.
- The accusations concern an alleged case of urban fraud around the PAU 4, based on procedural irregularities and an improper distribution of costs.
- The municipal report of 31/03/2021 and the definitive dissolution of the EUCC (TSJC 21/07/2016) directly contradict the logic of the modified reparcelación project.
Document
2022-01-12-reponse-du-tribunal-suite-a-notre-plainte-au-penal
