Local News (9th November 2017 issue)
In the last issue of TOTN, we reported on the Ternelles Estate and the new visitors’ system that the owners are putting in place from next month. It is controversial and the council has made it clear that they should still be involved in the process rather than the Fundació Vida Silvestre Mediterrania (FVSM). But the Black Vulture Foundation (which is linked to the FVSM) has told authorities that after some monitoring they discovered that two out of every three visitors to the Ternelles estate deviate from the designated public pathway into the so-called exclusion areas.
This, the group says, is enough to justify the need for all visitors to be accompanied by a guide, as stipulated in the agreement signed between the management company of Ternelles and the FVSM. The foundation is concerned with the disappearance of a breeding pair and a chick in a nest that the foundation was tracking in an area very close to the path, and they are sure that the disturbance by visitors is the cause.
The director of the foundation told press that visits to Ternelles, where “almost everything is already declared as a zone of exclusion”, should be with the supervision of a guide, which “is not negative”. In principle, it will come into force at the beginning of December. “The Council and the Owners must agree and apply the legislation, it is important that people do not pass near the nests because we have already had to direct many visitors who had deviated from the public road,” he added.
On the other hand, the council has sent an informative note urging the owners of the Ternelles property to refrain from granting access authorizations and remember that the council is responsible for managing the visits because it is the owner of the access service to the sea, which leads through the Ternelles estate.
Villa Cortina Conclusion
The Chamber of Administrative Litigation of the Higher Court of Justice of the Balearic Islands (TSJIB) has rejected the allegations, presented by the Council of Pollensa together with a neighbour, regarding the legalization of the construction of the house of Alfonso Cortina, former president of Repsol, known as Villa Cortinay located in Formentor.
The Council had alleged that the construction had an extra floor after a ‘semi-basement’, which jutted more than 1.5m above the ground, was added. However, the court, after ordering several checks, has estimated that this extra height on the plot of land is not used as part of the house and does not exceed 1.5 meters from the ground.
The magistrate, in addition to dismissing the appeal, has imposed the payment of costs to the consistory and the neighbour who appealed.
In July 2016, the court forced the Council to grant the legalization license to the house known as Villa Cortina. Rejecting this, the council of Pollensa argued that the property did not include sufficient measures to guarantee the integration of the building in the surroundings. It was following the decision by the TSJIB in December 2014, when the TSJIB did in fact cancel the license due to lack of integration. After changing roof tiles and adding plant coverage the High Court has now finally concluded the case stating that the building does now conform to planning regulations.
This sentence puts an end to the entire judicial process. From their side, the council “regrets that, despite the firmness of the sentence of 2014, no stronger measures were imposed to ensure the integration of the property”. Town Planning councillor, Bartomeu Cifre also talked of the need for the planning of Formentor to include measure that prevent the building of houses that have such a visual impact on the landscape.
Yacht Club Concession Agreed
After many months of debate the concession has been renewed, for 35 years, to the Real Club Náutico del Puerto Pollensa (RCNPP). With this new agreement and investments, it is guaranteed that the Yacht Club will modernize its facilities and services. The concession, like the other port concessions, was to be terminated early in 2018 by the application of the Coastal Law. This renewal avoids the abandonment of management by the Yacht Club.
The new title implies that the Puerto Pollensa concessionaire undertakes, in addition to guaranteeing quality services, to pay Ports de les Illes a royalty of €454,175 per year compared to the previous €20,770. Likewise, it is committed to making investments for a total of €6,981,660.
The main actions are the remodelling of the Yacht Club and a new travelift (both already executed); improvements to the outer dock and reinforcement of the breakwater; the extension of pontoons; improvement of the waiting dock; substitution of slabs on pontoons; improvement of services and supplies; the new buildings and social facilities, and the improvement of the energy efficiency of the buildings.
The plenary session held last Thursday in Pollença approved a proposal by Tots per Pollença by which it is requested that in the municipality of the north, no zoning restrictions are to be imposed on holiday rentals, this means there would be no additional restriction in Pollensa. The text was approved with votes in favour from all sides apart from Alternativa, which voted against.
The government team also introduced an amendment for the motion to include the right to housing. It will also establish a “plural” commission to establish the specific requirements and zoning criteria for tourist rentals in the town.
Parking vs PAC?
The extraordinary session held last week Pollensa has approved the free transfer of the site of Can Conill to the Conselleria de Salut for the construction of the future PAC. Can Conill, located on c/ Cecili Metel has an area of 2,030 sqm and currently serves as a public carpark. The approval is another step in the process of building a new health centre in Pollensa, as the current PAC does not meet conditions to serve the population. During the summer, former mayor Tomeu Cifre carried out a campaign to collect signatures in which some 1,440 residents signed against the construction of the new PAC and demanded a search for other plots. Today, Tots has declared it has been “defrauded” by the local government who did not pay attention to those requests and has assured that “a site of great value will be lost” leading to a reduction in parking space in the urban area of Pollensa.
Bus Station Opposition
The environmental group GOB has filed an appeal against the agreement adopted by the mayor of Pollensa, Miquel Àngel March, on September 19 in which he dismissed the arguments against the bus station project and approved the project technical infrastructure, in addition to authorizing the start of the works and installation.
The GOB maintains that the location of the project violates the urban planning regulations of the General Plan for Urban Planning (PGOU) of Pollensa, which “only allows a maximum surface of 300 square meters” in the chosen site, while the projected station would occupy a surface of 2,990 square meters.
The environmental group explains that the project is to be built on land that is urbanistically qualified as a General Equipment area, specifically for uses of health-care, socio-cultural, sports and public spaces. According to the GOB, “the implementation of this infrastructure outside the intended use, will prevent the future implementation of other urban purposes.”
The council insists that the station will only occupy an area of 96 sqm because it will only include a pergola and sanitary services. However, the GOB states that the agreement signed with the Consortium of Transports de Mallorca “clearly specifies that the 2,990 sqm of the General Equipment area of the Port are for its exclusive use as a transfer centre for travellers of the local bus service.”
Alcudia City Staff
The City Council of Alcúdia will hire ten workers for a period of six months under the programme called “Invisibles”. Eight of these people will join the public company Emsa and will develop, repair and carry out maintenance work for the municipal green line. Two other people have been hired within the same programme to develop support work in the municipal department of Social Services. The Invisibles programme favours long-term unemployed citizens of a certain age.