The Balearic Government will have to pay 3.6 million euro for declassifying the ‘es Canons’ building development in Artà



The Supreme Court rules in favour of the owners Cala Veya SL, who will receive compensation worth millions.

The Balearic Government have been sentenced to compensating the Cala Veya SL corporation, owner of the ‘es Canons’ site in the Artà region, in the sum of €3,687,288.83 plus interest as a result of the declassification of building land under the region’s Subsidiary Bylaws on the basis of local regulations which redesignated the site from building land to a protected area.

The Supreme Court ruled on 5th October on the appeal for reversal brought as much by the Balearic Government as the Cala Veya SL corporation, owner of the site. The ruling now announced by Supreme Court, according to the site owner’s lawyer, Мигель Ripoll, “puts an end to a whole case history of claims and judicial processes triggered by declassifying this building land”.

The ‘es Canons’ site, located next to the Sant Pere Colony and together with the Betlem housing development, has an area of more than a million square metres. It was a decision that went against the Balearic Executive in 2005 when the Balearic Islands High Court’s first ruling was announced.

Proceedings

The first proceedings had already taken place in November 2007 in the Supreme Court, confirming a decision from the Balearic High Court of Justice that sentenced the Artà Council to returning the ownership of the ‘es Canons’ property which it had previously given to the Cala Veya SL corporation in 1992, causing the loss of the public ownership of the land which had existed until then. Now with this additional sentence by the Supreme Court, matters have come full circle, with this compensation worth millions for the owners. The declassification of ‘es Canons’, carried out in 2000 by the first Progress Pact, meant the loss of public ownership of the land which housed a former military barracks, a space used as a holiday camp by the local Council and where the traditional Pancaritat is celebrated during Easter.

Project

As the owners pointed out “with the last urban designation of this area of the Artà coast before the declassification, the urban exploitation of ‘es Canons’ had been kept down to a maximum of 2,000 hotel beds built next to the Betlem housing development, while the rest of the sector, which also includes the aforementioned barracks and the ownership’s houses, had to be given up free of charge to the local council for their public use”.


This is something that the Balearic Government’s Law 1/2000 wiped out, thus preserving the natural environment and landscape of that untouched area of the Artà region. Now, with the passing of this latest ruling, it has been twenty-one years since the beginning of the whole process. So at the moment the town of Artà continues to enjoy this leisure space, all the time keeping in mind that it belongs to Cala Veya SL. 

 

http://ultimahora.es/mallorca/noticia/noticias/part-forana/el-govern-tendra-que-pagar-3-6-millones-por-desclasificar-el-urbanizable-de-es-canons-en-arta.html 

 

Multa de 3,6 milions per la protecció d'Es Canons - RTVMallorca