On 29 December 2021, the Asociación de Vecinos Les Planes del Rei (SOS Planas) filed a Recurso de Alzada against the Modificación del 2º Texto Refundido del Proyecto de Reparcelación Económica del PAU 4 – Planas del Rei, approved by the Town Hall of Pratdip. The appeal denounces procedural defects, inaccuracies regarding the legal status of the urbanisation, and an irregular distribution of costs to the detriment of the property owners.
1) Notification and access to documents
- BOPT 14/12/2021: reference made to a 2017 text while a new text (September 2021) already existed.
- No individual notifications were sent to the affected owners, violating procedural guarantees.
2) False statements in the official document
- The text claims the existence of an EUCC (Entitat Urbanística Col·laboradora de Conservación) still responsible for conservation and financing.
- However, the EUCC was dissolved by a TSJC judgment on 21/07/2016 (later confirmed), and the municipality was ordered to execute the dissolution.
3) Transfers and receptions already carried out
- The project claims that the transfer of green areas and streets has not yet been materialised.
- In fact, these transfers were completed as early as 1993 (Falset ruling) and subsequently confirmed, including by the Diputación de Tarragona.
- A technical report from 2021 confirms that the area is fully consolidated: no new works are foreseen, only regular maintenance.
4) Cost allocation and financial obligations
- The project assigns costs to the owners that correspond to public land (approx. 44.9% of the surface), which are legally the responsibility of the municipality.
- Total estimated cost: €7.2 million. Owners’ share: ≈ €3.97 million. The remainder should be covered by the municipality according to surface share.
- This allocation rule is omitted or distorted in the contested municipal text.
5) Owners’ rights and ignored alternatives
- The initiative for a reparcelation project must come from owners representing more than 50% of the surface (art. 140 TRLUC): condition not met.
- The option to create an AAC (Asociación Administrativa de Cooperación), a legal alternative, is ignored by the municipality.
6) Conclusion and requests
- The modified project must not be approved nor registered at the Property Registry of Falset, for the following reasons:
- Lack of notifications and publication defects.
- Errors in dates and versions of the reference documents.
- EUCC declared active while it is judicially dissolved.
- Transfers already carried out and urbanisation consolidated.
- Improper cost allocation against the owners.
- Owners’ rights ignored and legal alternatives not considered.
Document
2021-12-29-recurso-de-alzada-alegationes-reparacelacion-2021-ayto-pratdip
