On 20 September 2021, the Asociación de Vecinos de Les Planes del Rei submitted to the Town Hall of Pratdip an official petition in order to remind the municipality of its legal obligations and to request explanations regarding the situation of the urbanisation. The document is based on current legislation and several court rulings in favour of the residents.
1) Legal basis invoked
- Article 66 of Law 39/2015: right to submit an administrative petition.
- Article 26 of Law 7/1985: municipal obligation to provide minimum public services (street lighting, drinking water, sanitation, waste collection, street cleaning, roads, etc.).
2) Situation of the urbanisation
- The residents of Planas pay IBI and the capital gains tax on property transactions.
- The urbanisation is classified as urban land and meets the conditions of a solar: road network, water, electricity, sanitation (Art. 29 DL 1/2010).
3) Case law recalled
- TSJC – 25 January 2008 (Ruling n°75/2008): condemns the Town Hall, confirms that drinking water and waste collection are municipal responsibilities, not those of the Entitat Urbanística Col·laboradora de Conservació (EUCC).
- Court of Falset – 23 November 1993: obliges the developer to transfer public infrastructures free of charge (roads, green areas, lighting, sanitation, water well).
4) Request submitted to the Town Hall
- Confirm whether Planas del Rei has the status of solar.
- Explain why taxes (IBI and capital gains) are levied if the Town Hall has not officially taken over the urbanisation.
- Justify the non-enforcement of the 1993 court ruling, which became final due to the absence of appeal.
