On March 7, 1994, Claude Strens, president of the Entitat Urbanística Col·laboradora de Conservació Les Planes del Rei, sent to the Pratdip Town Hall a formal request to set a notarial appointment and execute the mandatory transfer of the green areas of the urbanization, in accordance with previous decisions of the Generalitat and with the Falset Court ruling of 23/11/1993. The letter also proposes, if necessary, to establish a management contract for the conservation of the green areas between the Town Hall and the EUCC.
1) Nature of the document
- Official letter signed by Claude Strens, as president of the EUCC Les Planes del Rei.
- Recipient: Pratdip Town Hall.
- Date: March 7, 1994.
- Subject: organization of the notarial act so that the Creditors’ Committee of F. Lebasque proceeds with the mandatory transfers in favor of the municipality.
- Announced attachment: photocopy of the ruling of the Falset Court (23/11/1993).
2) Context and background (chronological reminder)
- 24/07/1986 – The Generalitat (DG Urbanisme), file 114/85 (letter no. 1542), ordered the Town Hall to obtain the green areas of mandatory transfer (reference to the Ley del Suelo, TRL of 09/04/1976, art. 41, 47 and 91).
- 25/08/1986 – Municipal letter no. 232 to the Homeowners’ Association, imposing a three-month deadline to formalize the transfers.
- 20/11/1986 – Response from the Association: the green areas were still registered under F. Lebasque.
- 27/12/1986 – Publication in the BOP no. 295 of a municipal requerimiento addressed to F. Lebasque for the mandatory transfer.
- 15/01/1988 – Municipal letter no. 22 to the Creditors’ Committee of F. Lebasque to demand the transfer.
- 13/04/1988 – Municipal letter no. 100: approval of the constitutive act of the EUCC with the condition that, within two years, the EUCC must obtain the mandatory transfers.
- 23/10/1990 – The EUCC filed a judicial requerimiento against the Creditors’ Committee, after failing to obtain the transfer amicably.
- 23/11/1993 – The Falset Court issued a favorable ruling for the transfer; a costly procedure for the EUCC but confirming the obligation to transfer.
3) Content of the request (7/03/1994)
- That the Mayor’s Office set a day and time before a notary so that the Creditors’ Committee of F. Lebasque proceeds with the mandatory transfers in accordance with the ruling.
- Submission to the Town Hall of a copy of the ruling for execution.
- Proposal to examine, by mutual agreement, a management contract between the Town Hall and the EUCC for the conservation of green areas and facilities; the EUCC offers to draft a project if necessary.
4) Scope and expected outcomes
- The notarial transfer allows the regularization of the status of the green areas as municipal public property and opens the way for their institutional management.
- It falls within the continuity of previous legal obligations and administrative and judicial decisions, which the Town Hall is required to enforce.
- The proposed management contract aims to ensure the maintenance and conservation of the transferred areas, within a secure and transparent framework.
