For decades, the various mayors of Pratdip have repeated the same falsehoods to justify the abandonment of our urbanisation. A tale of historical fiction maintained to avoid fulfilling their legal obligations.
1. “Planas is private”
No mayor of Pratdip has ever been able to provide a single official document proving that Planas is a private urbanisation. Despite numerous requests, there is no written record, no decree, no legal basis.
On the contrary, we possess a municipal decree dated December 1968 confirming the integration of Planas into the municipality as of January 1969.
In the file submitted by the Town Hall to the TSJC in 2013, which led to the dissolution of the EUCC, the word “private” does not appear once. Had the Town Hall been able to prove this status, it would have won the case — and the EUCC would still exist today.
Claiming is not enough. It must be proven.
2. “Planas was never completed”
True, some roads were never paved and some connections are not hooked up. But this is a technical disagreement between the Town Hall and the developer Francis Lebasque, which has never been settled by a court.
Moreover, the Town Hall has issued numerous building permits (Clavel, Orquidéa, Glaiolo…). Yet permits cannot legally be granted in an unfinished urbanisation. By doing so, the Town Hall recognised that Planas is urban consolidated land.
3. “Planas was never officially accepted”
This is true. But in 1987, it was the Town Hall itself that created the EUCC to avoid assuming its responsibilities. It granted itself five years to carry out a redevelopment… which was never completed.
In 2016, the TSJC ordered the definitive dissolution of the EUCC. Since a legal void cannot exist, the Town Hall, as the overseeing authority, is now legally required to ensure minimum public services in Planas.
This obligation was recognised and voted on by the municipal council in October 2016 — despite the mayor’s opposition.
4. Two rulings, two obligations
The mayor claims he cannot apply the dissolution dated 21 July 2016 because of another ruling issued the day before (20 July) concerning reparcelling. He argues that the latter assumes the existence of the EUCC.
But the TSJC confirmed that both rulings, although issued a day apart, are independent, final, and must both be applied.
On the 20th, three judges review a redevelopment project while the EUCC still exists. On the 21st, three other judges dissolve it. The result: redevelopment must now be led by the Town Hall.
This is what all neighbouring municipalities do, such as Mont-roig (Masos d’en Blader) or Hospitalet (Vanessa Park). It is the normal, legal and fair process.
What is the mayor afraid of? That the Town Hall will have to do its job: seek subsidies, include the works in the municipal budget, and contribute financially to the redevelopment.
For the property owners of Planas, this is a relief: instead of paying 100% of the works (i.e., €25,000 for a 1,000 m² plot), their contribution would fall to 30 or 50%.
The EUCC has been dissolved since 2016
Since 21 July 2016, the EUCC no longer exists.
This dissolution is confirmed by:
- the ruling of the High Court of Justice of Catalonia (TSJC),
- the official certificate from the Generalitat of Catalonia,
- and the enforcement order from the judge dated 12 December 2017.
To this day, the mayor of Pratdip is the only one who still claims this entity exists.
Legal and financial consequences
- The Town Hall must ensure minimum services in Planas.
- All convenios signed by the EUCC are now void.
- The POUM must be renegotiated in the absence of the EUCC (See the petition submitted to the Town Hall by our association AVPR-SOSPlanas on 30 August).
- Redevelopment must be carried out by the Town Hall, as it is elsewhere in Spain.
- The EUCC’s assets revert to the Town Hall; only mandates can be assigned to the liquidation entity, which cannot receive payments itself.
The residents of Planas are not responsible for the actions of the former EUCC.
An EUCC that should have disappeared in 1993
According to the TSJC ruling, the EUCC should have been dissolved as early as 1993. This means:
- the quotas paid since then were illegitimate;
- the IBI (over €250,000) should have been used to maintain the urbanisation;
- the subsidies (such as from the Vandellós power plant) should have partly benefited Planas.
This situation allowed the Town Hall to divert our local taxes for the exclusive benefit of the village of Pratdip, while our urbanisation was left to decay.
The mayor of Pratdip risks prosecution
By refusing to:
- apply court rulings,
- recognise the dissolution of the EUCC,
- ensure minimum services,
- renegotiate contracts (e.g., Comaigua),
- and by discriminating against the residents of Planas (Article 22, Title 3 of the European Charter),
the mayor is deliberately acting outside the law.
Remain vigilant: no turning back
Some would like to create a “homeowners’ club” or a new EUCC. We must remain alert: we cannot allow a return to an unjust and opaque system.
- No one wants to relive the general assemblies of the old EUCC.
- No one wants to once again pay 100% of the fees and works.
We want to live like the residents of normal urbanisations, in a normal municipality, with rights and responsibilities equally respected.
This is why the redevelopment project must be managed by the Town Hall, as required by the TSJC ruling of 20 July 2016 — without any involvement from the EUCC, which has now been dissolved.
See the petition submitted to the Town Hall by our association AVPR-SOSPlanas on 30 August.
Association of Residents of Planes del Rei (SOSPlanas)
