In March 2009, the Pratdip Town Hall sent a letter to the Governing Council of the EUCC Les Planes del Rei concerning the urbanization Planas del Rey (Planes del Rei). The document specifically refers to the February 23, 2009 session of the Junta de Govern Local (urbanization project) and the decision of the March 6, 2009 Governing Council.


1) Nature of the document

  • Official letter issued by the Comisión de Gobierno (Governing Commission) of the Pratdip Town Hall.
  • Addressed to the Governing Council of the EUCC Les Planes del Rei.
  • Urban planning context: approval of the urbanization project by the Junta de Govern Local on 02/23/2009.

2) Content and decisions

  • Expulsion of Óscar Serrano: on 03/06/2009, the Governing Council decided to exclude Councilor Óscar Serrano, the municipal representative within the EUCC, from its meetings.
  • The Town Hall deemed this decision null and void, contrary to urban planning legislation, and likely to entail personal liabilities for the members who voted in favor.
  • The Town Hall interpreted this exclusion as a rupture of relations by the Governing Council; it therefore declared itself released from any obligations beyond those strictly imposed by law.
  • Non-reception of the urbanization: the Town Hall recalled that services must be brought up to standard and formally transferred to the municipality before any municipal takeover.
  • Drinking water: the letter reproached the EUCC for its intention not to ensure the supply of drinking water with the required health controls and warned of immediate criminal liability in case of a public health incident.
  • Household waste: requirement to transmit the waste census and bank details of property owners for billing the service; due to lack of cooperation, the Town Hall noted the impossibility of enforcing the TSJC ruling of January 25, 2009 (the Fenouillet case).
  • Perspective of dissolution: the Town Hall announced steps to bring services into compliance with the law, transfer them to the municipality, and achieve the dissolution of the EUCC, with the aim of equal treatment between Planas del Rey and the urban core of Pratdip.

3) Analysis

  • The expulsion of the municipal representative (Ó. Serrano) is a major event that illustrates the deterioration of EUCC–Town Hall relations and exposes the Governing Council to legal risks.
  • The Town Hall used it to adopt a stance of withdrawal, limiting itself to minimum legal obligations and referring the EUCC back to its statutory duties until formal reception occurs.
  • The grievances raised (drinking water, waste) reinforce the municipal argument that the EUCC fails to fulfill its obligations, while perpetuating confusion over the effective provision of services.

4) Importance of the document

  • Written evidence of the exclusion of the municipal representative by the Governing Council on 03/06/2009.
  • Element showing the Town Hall’s withdrawal beyond the legal minimum and its use of the non-reception status of the urbanization.
  • Milestone in the trajectory leading to the later dissolution of the EUCC and the demand for equal treatment of residents.

Document

2009-03-00-courrier-mairie-planas-EN-fiel

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