The Supreme Court has decided not to admit for processing the appeal presented by the Junta de Extremadura and the two promoters of the Marina Isla de Valdecañas urbanization (Cáceres) with the aim of preventing its demolition. This resolution exhausts the ordinary judicial route, which the organizations Ecologistas en Acción and Adenex initiated 15 years ago against the construction of the luxury urbanization in an area protected by the figure of Red Natura 2000 (biodiversity conservation areas in the European Union ). The judges consider that it is not “pertinent to reopen a debate”, that they have closed other previous sentences in which it was “expressly” indicated that there is no “material impossibility” for its execution ―tear down what was built and return the space to its original state. ―, nor alleging socioeconomic or other interests.
Ángel García Calle, spokesman for Ecologistas en Acción, assures that “it is a very important step” towards the restoration of Valdecañas. “There are no more appeals before the Supreme Court, and the Junta de Extremadura must prepare a report with the environmental restoration project in eight months,” he adds. The Government of Extremadura and the owners have not given up and filed two appeals against the demolition order of the complex before the Constitutional Court, which decided to admit them for processing in November 2022 by an adjusted result of six votes to five. The court appreciated that the issues raised had “special constitutional significance” and that the issue went beyond this specific case, because it establishes a legal issue of relevant and general social or economic repercussions. García Calle indicates that this process “should not suspend compliance with the sentence.” “The logical step”, adds Ecologistas en Acción in a statement, would be to undertake the immediate demolition of the half-built part ―the concrete skeletons of houses and a hotel paralyzed for years―. The organization is going to urge the Superior Court of Extremadura to start these works without further delay.
Among the attempts to maintain the tourist complex, the Junta de Extremadura approved a law this March in which 55 Special Bird Protection Areas (ZEPAS) are declared, among which Valdecañas stands out. In this way, it is considered that these areas lacked protection until now, despite the fact that the European Union recognized them in 2003 and 2004. Therefore, the construction of the luxury complex would be legal. The norm went ahead only with the votes of the socialists. Ecologists in Action has responded with a complaint for prevarication against the deputies who approved the law and are going to present, in addition, an appeal of unconstitutionality. “They promote a law that modifies the Natura 2000 Network, which is European in scope, and which, at the same time, is a flagrant mockery of the judiciary by the legislature to evade a sentence,” says García Calle.
Resort golf course. Luis Sevillano
The complex, which was known in its heyday as the Marbella of Extremadura, is located two kilometers from the municipality of El Gordo, on a 135-hectare island surrounded by the Valdecañas reservoir. It has an 18-hole golf course, 180 villas — 33% of the 565 planned — with an average of 270 square meters on plots of 800 with impressive views of the swamp, ocher in color and a discreet construction integrated into the environment; a four-star hotel; swimming pools; atificial Beach; 76 berths and sports courts. Ecologistas en Acción and Adenex requested the precautionary stoppage of the works just started, in 2012, but the Superior Court of Extremadura asked them for a bond of 41 million euros, an amount that was completely unaffordable for these organizations.
The amount of the works to undertake to reverse the situation is one of the main arguments used by the regional government to respect the complex. In 2011, the Extremadura court stated “exactly” that the environment had to be restored and return to its initial state. But in July 2020, in one of the many turns that the process has taken, the order for the execution of that sentence decided that what was already built should not be thrown away. The magistrates justified it in the “high economic damage.” The Board of Extremadura would have to face “at least” 145 million euros for demolition costs and compensation to third parties in good faith. This figure is the sum of the cost of demolishing the building (almost 34 million) and the “possible economic damage” that would be caused to homeowners “which could reach 111,000,000 euros.” Later, in February 2022, the Supreme Court decided that the demolition should be complete, also of what was built.
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The residents of El Gordo and Berrocalejo, the two municipalities on whose land the urbanization is located, reject its disappearance because it would mean fewer jobs and further depopulation of the area. Ecologists in Action demands “in a special way” that the inhabitants of the affected towns be attended with the conservation measures that are considered necessary.
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