Introduction
Town Hall technicians have already
explained some of the changes to the Coastal Act and the new Regulations. We,
the residents and the social part of the problem who are affected by the law,
are influenced less by technical aspects and more so by our personal interests.
Pere Cardona, Vice President of the Ass. de
Vecinos La Almadraba, associated with
the National Platform of People Affected by the Coastal Act (PNALC) stated that
we are not satisfied with either the Reform Act nor the new regulation. The cause
of our discontent is that they have missed an historic opportunity to address
the substantial negative aspects of the previous ‘88 Act and they have not
listened to our arguments. Although we recognize that, in some respects, it may
be that some could benefit from certain aspects.
Let's review briefly where we can apply the
new law to the Bay of Els Poblets and the houses on the 1st line, in terms of ‘positive’
or ‘negative’.
LAW
2/2013, of 29 May, PROTECTION AND SUSTAINABLE USE OF
THE COAST AND MODIFICATION OF LAW 22/1988, DATED 28 JULY, COASTAL ACT
THE COAST AND MODIFICATION OF LAW 22/1988, DATED 28 JULY, COASTAL ACT
CAUSES
OF REFORM
• Legal uncertainty: Application of the LC ‘88
was very conflicted. Largely was not to apply. With retroactive application, it
solved the problems.
• European Parliament Resolution 2009
(Auken).
• "Unique" problems that require
unique solutions.
• Problems with concessions that became
irrelevant from 2018
• Problem of Cultural Interest.
• Need to strike a balance between economic
development and environmental protection.
• Problems of climate change.
DEFINITION
OF MARITIME LAND IN THE PUBLIC DOMAIN (foundation for its definition)
• Soil geomorphological study (Negative: Type of ground beneath our homes unknown)
• Greater Storm Waves: Under regulated
technical criteria** proposed regulation. The
regulation states:
Article
3 of Regulation, "Real maritime-terrestrial
public domain by determining the Constitution" says State assets are
maritime-terrestrial public domain, under the provisions of Article 132.2 of the Constitution and 3 of Act 22 / 1988, July
28: 1. The sea shore and estuaries, including: a) The sea-land or the line
between high tide and or the limit to where the waves reach in the worse known
storms, according to technical criteria set out in Article 4 or when it exceeds
the maximum line equinoctial tide.
Article
4 of Regulation, "Technical Criteria** for determining the maritime zone and the
beach," which says: In determining the maritime zone and the beach,
according to the definitions contained in the preceding article, the following
criteria will be considered: a) To set the limit to where the waves reach during
the largest known storms, changes in sea level due to tides and waves are considered. (Positive: This
limit must be reached at least 5 times over a period of 5 years. It has never
happened in Els Poblets Bay) En Verde
• Land flooded artificially and unnavigable
(salt flats) are excluded.
• Terrestrial Maritime Developments
(Benalmádena / / Empuriabrava): residential core with "navigable road
system" built with artificial flooding of land. Supports private enclaves
in the public domain. -Disp. ad. 10 -
• Boardwalks: Should match the outside
(seaward) with the inner line of the "sea shore". (Positive: Although interpretation pending). The
Association wants the boardwalk formed on the current path that has existed on
the beach since the eighteenth century at least (attached pictures and photographs
of the nineteen 60’s to 70’s).
• Dunes: Only necessary to ensure the
stability of the beach and coast defence.
DEMARCATIONS
Obligation to review the boundaries
affected by the legal reform. (Positive and negative. Positive because
we can request a review of our ongoing demarcation line since 1993 but negative because neighbours should pay geomorphological study
which will cost between 60,000 and 100,000 euros, and there are no guarantees
of outcome).
Only the rich and powerful can undertake
this adventure!
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