On 28 December 1968, just five days after Pratdip Town Council asked the provincial authorities for guidance, the National Inspection and Assistance Service for Local Authorities issued an initial response on the proposed transfer of roads and public services in Planas del Rey.
The document confirms that the request submitted by the developer, Francisco Lebasque Belloncle, together with several property owners, was being formally considered by the authorities. It also makes clear that the transfer was legally possible, but that no decision could be taken without sufficiently detailed technical, property and financial information.
A transfer that is legally possible
In its response, the provincial administration recalls that the law allows local authorities to acquire property and take over certain services.
It also refers to Article 129 of the Land Act, under which the transfer of roads is an essential requirement in any development process.
The principle of transferring the roads and services of Planas del Rey to Pratdip Town Council is therefore not ruled out.
The Service even states that the proposal received “may be of interest to the municipality”.
A file that still lacks essential documentation
The authorities nevertheless point out that the Town Council did not attach the documents needed to assess the proposed operation properly.
In particular, the file did not include:
- the certified copy of the municipal decision of 18 October 1968 referred to in the Town Council’s letter;
- the conditions established when the development was originally authorised;
- the full details of the proposal submitted by Francisco Lebasque Belloncle;
- a precise list of the assets and services to be transferred;
- the relevant plans and additional technical studies.
In the absence of these elements, the provincial Service limits its opinion to the legal possibility of carrying out the transfer.
A detailed inventory before any decision
Before the transfer can be properly assessed, the authorities require a detailed inventory of the assets and services concerned.
This inventory is intended to establish, among other things:
- the surface area and boundaries of the roads within the development;
- the nature and condition of the services already installed;
- their original value;
- the depreciation resulting from their use;
- the likely period during which they would have to be operated by the Town Council;
- the investment required for their maintenance and preservation;
- any potential income they might generate.
The document is particularly clear on this point: without such a prior study, it is not possible to issue a complete opinion or for the municipal council to take a properly informed decision on a matter of this importance.
The financial consequences must also be assessed
The authorities do not focus solely on the condition of the infrastructure. They also require an assessment of the financial consequences that taking it over would have for the municipality.
The document recalls that certain services must, under local government legislation, be provided by the Town Council, and that the cost of maintaining or potentially discontinuing those services must be calculated.
It also calls for an assessment of the tax revenue the municipality could receive from built plots, land regarded as suitable for development and other property-related taxes.
Finally, the document refers to the costs involved in legally formalising the transfer, including notarial fees and registration with the Land Registry.
A possible acceptance, subject to conditions
The conclusion of the provincial Service is particularly significant.
It states that the acceptance of the roads and services of Planas del Rey is legally permissible, but that any such decision must be adopted by the Town Council with the quorum required by law and must be preceded by economic studies assessing its impact on municipal assets and finances.
The document therefore does not reject the proposed transfer. Instead, it sets out the administrative, technical and financial conditions that must be met before the Town Council can make a final decision.
A further step in the process begun in 1968
This document adds another stage to the sequence of events that began a few months earlier:
- on 8 August 1968, the property owners vote in favour of transferring several public services;
- on 21 September 1968, Francisco Lebasque Belloncle formally submits the request to the Town Council;
- on 18 October 1968, the Town Council gives its agreement in principle;
- on 23 December 1968, the mayor asks the provincial authorities for guidance;
- on 28 December 1968, the provincial administration confirms that the transfer is legally possible, while requiring the necessary studies and supporting documents before any final decision.
At this stage, the transfer procedure is therefore under way, but remains dependent on the preparation of a complete technical, property and financial dossier. The documents currently available do not reveal whether the requested studies and inventory were subsequently completed. Nevertheless, this issue would remain central to the efforts made almost twenty years later to formalise the transfer.
Jim – La Tribune de Planas
