Planas del Rey: property owners request a municipal takeover

On 13 August 1976, the Planas del Rey property owners’ community drew up the minutes of its general meeting, held ten days earlier at Pratdip Town Hall in the presence of the mayor and the municipal secretary.

The document describes a development that was now being managed independently of its developer. It details the work carried out by the community and the planned expenditure on water, sewerage and fire prevention, but above all the negotiations initiated with a view to the Town Council gradually taking over several essential services.

These minutes therefore mark an important stage between the first attempted transfers in 1968 and the donation proposal made by Francisco Lebasque in 1977.

A developer declared bankrupt and absent for several years

The minutes state that the developer is bankrupt and has been absent for several years.

Faced with this situation, the property owners’ community explains that it has taken the necessary steps with the Spanish authorities to become independent of the developer and resolve the development’s problems itself.

This statement confirms that, by 1976, the community was already responsible for a significant part of the management of Planas del Rey, while the legal status of the communal land and infrastructure remained linked to Francisco Lebasque.

Work focused on water and sewerage

For the 1975–1976 financial year, the community reports that it approved a project to improve the wastewater treatment plant in accordance with the requirements of the public health department.

Part of the available financial surplus was allocated to the treatment plant, as well as to firefighting measures and the purchase of a new tractor.

Several projects were planned for the following financial year:

continuing the improvements to the wastewater treatment plant;
installing inspection chambers and cleaning the wastewater pipes;
doubling the drinking-water supply pipe from reservoir number 4, located in Calle Lirio;
purchasing a pump and its accessories for firefighting;
clearing the surrounding plots and the development as a whole.

The document therefore shows that issues involving water, sewerage, land maintenance and fire prevention were already among the owners’ main concerns in 1976.

Owners required to clear their plots

The meeting adopted a specific resolution concerning abandoned plots.

Owners were asked to keep their plots completely clear in order to reduce the risk of fire. If, following a formal notice, any plots remained in a condition that could endanger the development as a whole, the community intended to arrange for them to be cleared.

The corresponding costs would then be added to the fees payable by the owners concerned, with a 10% surcharge. The minutes also state that they could be held legally liable in the event of an incident.

A gradual takeover being considered by the Town Council

The most important section concerns the discussions initiated with Pratdip Town Council.

According to the minutes, the Town Council was considering gradually assuming responsibility for:

the maintenance of roads and streets;
public lighting;
waste collection;
the water supply.

The community, for its part, would retain responsibility for managing the green spaces and sports complex.

This proposed division of responsibilities shows that, in 1976, the discussions did not necessarily concern the immediate and complete formal acceptance of the entire development. They focused instead on the gradual takeover of several essential services by the municipality.

The meeting approves the negotiations with Pratdip

In a second resolution, the property owners attending the meeting approved the negotiations conducted by their management committee with the municipality.

They asked the Town Council to assume responsibility for:

the road network;
the supply and distribution of drinking water;
wastewater disposal;
public lighting;
waste collection;
duties relating to public health within the development, the protection of the area and the safety of its residents.

The meeting authorised the management committee to sign all the documents required for this operation with the municipality of Pratdip.

The minutes therefore clearly establish the collective wishes of the property owners. However, they do not in themselves constitute an official decision by the Town Council, nor do they prove that the listed services were actually transferred to the municipality.

A community still funded by the property owners

Pending a possible municipal takeover, the owners continued to fund the operation of the development.

For the 1976–1977 financial year, the annual contribution was set at 8,200 pesetas, equivalent to €49.28 under the official conversion rate adopted when the euro was introduced. This included the supply of 100 cubic metres of water per home. Any additional consumption was charged at 8 pesetas per cubic metre.

Contributions not paid by 31 December 1976 were subject to a 20% surcharge. The document also provided for the suspension of all services if payment had not been made by 1 April 1977.

These provisions show that, despite the negotiations with the Town Council, the community remained responsible at that time for funding and organising the day-to-day services.

A step towards the 1977 proposal

The minutes dated 13 August 1976 provide crucial information for understanding what happened next.

The request for a municipal takeover did not come solely from Francisco Lebasque. It was also made collectively by the property owners, who were faced with the developer’s bankruptcy and absence, as well as the cost of keeping the development running.

The document shows that negotiations with Pratdip were already under way when, on 28 October 1977, Francisco Lebasque submitted his proposal to donate the infrastructure and facilities.

This proposal therefore appears to have been a continuation of a process that had begun by at least the summer of 1976. Nevertheless, it did not result in the final formalisation of the transfer, which would become the subject of further administrative proceedings from 1986 onwards.

Jim – La Tribune de Planas

Translation of the minutes

On 3 August 1976, at 10 a.m., the general meeting of the property owners of Las Planas del Rey was held at Pratdip Town Hall in the presence of the mayor and the municipal secretary.

The meeting was chaired by Mr Louvière.

Activities during the 1975–1976 financial year

Wastewater treatment plant: a project to improve the wastewater treatment plant was approved. It complies with the requirements of the public health department.
Independence of the community: following the bankruptcy of the developer, who had been absent for several years, the necessary steps were taken with the Spanish authorities to resolve the development’s problems.
Voluntary management of the community: thanks to the efforts of the members of the management committee, particularly Mr Bernard, the contributions did not increase at the same rate as the devaluation of the currency.
Financial position: the surplus was allocated to the wastewater treatment plant, firefighting measures and the purchase of a new tractor.

Activities planned for the 1976–1977 financial year

continuation of the improvements to the wastewater treatment plant;
installation of inspection chambers and cleaning of the wastewater pipes;
doubling of the drinking-water supply pipe from reservoir number 4, located in Calle Lirio;
purchase of a pump and its accessories for firefighting;
clearing of the surrounding plots and the development as a whole;
the gradual takeover being considered by Pratdip Town Council of road and street maintenance, public lighting, waste collection and the water supply. The community would retain responsibility for managing the green spaces and sports complex.

Resolution no. 1

The property owners of Las Planas del Rey, meeting in general assembly on 3 August 1976, and in view of the fire risk posed by uncultivated and abandoned plots, expressly request that all owners keep their plots completely clear.

If certain owners fail to comply with this resolution following a formal notice, and if the condition of their land endangers the development as a whole, the community will be obliged to arrange for it to be cleared. The costs will be added to the contributions payable by the owners concerned, with a 10% surcharge, without prejudice to any civil liability they may incur in the event of an incident.

Resolution no. 2

The property owners of Las Planas del Rey, meeting in general assembly on 3 August 1976, approve the negotiations conducted by the management committee with the municipality of Pratdip so that the latter assumes responsibility for the road network, the supply and distribution of drinking water, wastewater disposal, public lighting, waste collection and, more generally, all activities relating to public health within the development, the protection of the area and the safety of its residents.

The meeting authorises the management committee to sign all the corresponding documents with the municipality of Pratdip.

Estimated budget and contribution for the 1976–1977 financial year

The contribution is set at 8,200 pesetas and includes the supply of 100 cubic metres of water per home. Additional consumption will be charged at 8 pesetas per cubic metre.
The contribution must be paid as soon as possible. In accordance with the community’s statutes, contributions not paid by 31 December 1976 will be subject to a 20% surcharge. All services will be suspended if payment has not been made by 1 April 1977.
The meeting unanimously approves the continuation in office of the current members of the management committee for the following financial year and also appoints new members, subject to their confirmation due to their absence from the meeting.

The meeting ended at 12.15 p.m.