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Areas Urbanism & territory, Tourism and Economic activities Urbanism and Territory planning

Formentera files contentious-administrative appeal to block change in General Coastal Regulation

foto 2022x afectats AToday Ana Juan, Alejandra Ferrer, Rafael González and Javier Serra (Consell de Formentera president, vice-president, councillor of territory and Sa Unió councillor, respectively) met with a group of individuals affected by coastal demarcations on Formentera. Employees of Consell de Formentera legal services spoke to members of the Platform of Islanders Affected by the Coastal Demarcation (Plataforma d'afectats per la delimitació costera, PADC) about the contentious administrative appeal that local government will present concerning the General Coastal Regulation.

President Juan pledged to fight to defend affected individuals' legitimate properties and touted renewed political consensus on an issue that she cast as "fundamental for the island of Formentera and for many families". As Councillor González explained, "we are asking for the withdrawal of changes made this August to the General Coastal Regulation which increase the margin for arbitrary decisions in boundaries and in the granting of administrative concessions on public land", he said.
 
Historically on Formentera, delimiting the public domain on land and at sea has, given its impact on the economy and the many families affected, been as sensitive as it is paramount. Formentera has always reaffirmed the need to guarantee protection of the island's coastline, while restoring property lines that existed prior to the 1997 coastal delimitation – a demand which all the political groups of the Consell defended yesterday.


28 October 2022
Communications Office
Consell de Formentera

Meeting with residents of Es Ca Marí

foto 2022 ajudes ramadersToday Ana Juan, President of the Consell de Formentera, and Rafael González, Councillor of Territory, met with Isidor Torres and Lina Mayans of the Es Ca Marí Residents' Association (AVECM) working group, who spoke to the officials about the problems facing residents of the area. AVECM requested the meeting, at the close of which, President Juan said the local administration listens to islander concerns and will work with AVECM and relevant branches of the Consell to build consensus around solutions. "We must work hand in hand and with other administrations to offer solutions and develop sanitation and other essential services needed by the residents of Es Ca Marí", Juan asserted.

10 May 2022
Communications Office
Consell de Formentera

Ban on nuisance works takes effect from 1 May

The Formentera Office of Territory reports that as of Sunday 1 May, a municipal ordinance will prohibit construction projects that create noise and vibrations which may be a nuisance in urban and tourist areas.

From 1 May to 15 October, the only projects permitted in urban and tourist areas are work which does not cause the acoustic and vibratory nuisances typical of excavations and foundation and structural builds. Setting up scaffolding on public roads is prohibited as well. To ensure compliance with the rules, the Consell de Formentera will instruct the local police to reinforce patrols.

Exceptions

Non-nuisance small-scale and indoor projects addressing existing pipework issues which must be corrected for reasons of health or safety, or urgent works that cannot be delayed, may be performed provided an associated request has been made and reviewed, and permission has been expressly granted. Such exceptions will be granted on a case by case basis.

28 April 2022
Communications Office
Consell de Formentera

Consell de Formentera calls for withdrawal of draft amendment to Coastal Authority's general regulations

foto 2022 CostesToday Ana Juan, President of the Consell de Formentera, sat down with Maria Jose Mayans, Chair of the Platform for Individuals Affected by Delimitation (Plataforma d'Afectats per la Delimitació, PAD), and PAD Spokesman Vicent Tur, to review the local government's representations to the Ministry of Ecological Transition and Demographic Challenge about proposed changes to Coastal Authority regulations, including a request that the proposal be scrapped. An order signed 7 January by President Juan detailed these representations and maintained that the amendment submitted for public consultation was "unlawful and contrary to the case law on delimitations" and "creates legal uncertainty which encroaches on the rights of individuals".

The President stressed that the new regulations must take into account "the peculiarity of Formentera" and that "no backward steps can be taken in this regard". "The people of Formentera have always worked together on this issue and transcended partisanship to defend each others' interests; the new regulations must not increase insecurity or impinge on our powers as a local authority", said Juan, who stressed "the great work of department staff" in preparing the representations.

The document sent by the Consell highlights how the proposed modifications would mark a return "to arbitrariness in determining the scope of public domain" and encroaches on municipal government's authority in town planning and activities. For example, it regulates construction that can be carried out in protected areas and modifies articles that regard conservation works on properties left in the public maritime land domain. "Care must be taken so that these changes don't lead to built structures in this coastal area being demolished earlier than previously accorded", the text reads, highlighting the amendments' potential "to cause significant impact on the landscape and environment".

The modifications would additionally cause "unjustified limitation of the rights of individuals insofar as the changes, in their laxness, leave review of demarcation to the subjectiveness of the Administration, and once again ignore technical criteria accepted by jurisprudence". In addition, the changes may raise "new obstacles to owners' and others' rights in the public land maritime domain".

Absent from the proposed regulations is the section which currently allows individuals to park and drive in the area in question. "In any case, the change stands to create significant environmental concerns and complications in how access to beaches is managed by regional and local authorities, even engendering problems in town planning".

One of the proposed modifications involves limiting concessions to a duration of 30 years, or up to 75 years if renewed, as set out in legislation on "public administration patrimony", which creates provisions for a generic period of 75 years.

Nor does the proposed regulation include an economic impact study, or equivalent mechanisms, which the Formentera government's representations describe as "a fundamental requirement in state legislation" and necessary for the economic quantification of the proposed measures' impact.

12 January 2022
Communications Office
Consell de Formentera

Formentera unveils renters’ clause to curb house parties, support owners of holiday rental properties and advocate for their legal stability

cartell 2021 clausulaThe Formentera Departments of Tourism Planning and Interior are pleased to offer owners of vacation rentals a clause which aims to tackle disturbances and conduct that is at odds with Covid-19 protocol. The document highlights current restrictions on social gatherings in domestic spaces, including the ban on parties, and asks tourists to pledge to comply with rules, informing them that violators risk immediate nullification of their rental agreement. Renters are also asked for details about other houseguests, with co-renters subject to applicable fines.

“This document is intended to educate tourists when they first get here so that they know their obligations”, said President Ferrer. “Plus it creates legal support for property owners and law enforcement agencies so they can act faster and coordinate their response”.

The document will be sent to tourist boards, estate agencies and tour operators, and can be downloaded in Catalan, Spanish and English from the Covid section of the Consell de Formentera website, sub-section ‘Covid Clause - Rentals’.

Last week a list of vacation rental properties, together with the names and telephone numbers of the people and tourism businesses who own them, was delivered to Formentera Local Police in an effort to improve local law enforcement’s response to house parties. Ferrer said that the new document, which she described as “a step forward” and “clear progress”, would also mean expanded collaboration.

Signed documents are sent to FLP so that, if need be, a fine can be issued. Owners will also receive assistance as necessary from law enforcement in making renters vacate the premises.

11 August 2021
Communications Department
Consell de Formentera

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