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News: INFORMATION FROM THE URBAN ENTITY

INFORMATION FROM THE URBAN ENTITY
22 Dec 2019 - Neil Simpson

MURCIA ADMINISTRATIVE COURT NO. 6

RULING: 00176/2019

1) As you know, the company AGROFRUITS, which is a member of the Urban Entity, launched an action in the Courts against the Council, in which the Urban Entity appeared as an interested party.

2) In this action, the company Agrofruits stated that, as unbuilt plots, they did not have to pay any Community fees to the Entity, and that moreover, the application of the coefficients approved by the Council in 2013 were not adjusted to the Statutes.

3) The ruling partly upheld the claims of this company, the Judge indicating, as the Urban Entity stated in their defence, that all plots are obliged to pay fees accruing from the Urban Entity.

4) Regarding the coefficients applied and approved by the Urban Entity and the Council on 23rd January 2013, he understood that the double coefficient should be applied as indicated in articles 7, 8 and 12 and Annexe 1 of the Statutes, initially due to their status as commercial or residential plots, and secondly depending on whether or not they have been built on. In the agreement signed by the Entity in 2013, only one of the correction urbanisation coefficients was applied. The Judge has now determined that both should be used, even if it is not built on.

5) This ruling is definitive and the Urban Entity must abide by it. The effects of the ruling are limited to unbuilt plots where an additional second coefficient will have to be applied according to use, either commercial or residential.

6) This ruling will modify the fees of the members of the Urban Entity since 2017. For the Community fees at level 2, the increase will be about 1,1 %.

7) In a meeting held with the Council, those responsible from Finance agreed with the conclusions maintained by the Administration, and thus by the Urban Entity, with regard to the new application of the coefficients, which must be applied in the next approval of accounts and fees.

NEIL SIMPSON

PRESIDENT
URBAN ENTITY

Neil@condadoalhama.com

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