The Supreme court (TS) has rejected the appeal filed by the Marbella City Council against judgment 759/2021 of April 8 of the Superior Court of Justice of Andalusia (TSJA), which annulled the Adaptation of the General Urban Planning Plan (PGOU). ) to the Andalusian Urban Planning Law (LOUA) in which it modify the boundaries between Marbella and Benahavís.

As reported by the anti-demarcation platform ‘Not one metro from Marbella for another population’, known as “Bite to Marbella” it would have been attempted to be carried out by the Consistory “based on introduce two boundary lines in the 1986 PGOU ”, which “would never have been spelled” in urban planning.

Thus, the group has stressed that the importance of these lines “results from the fact that located the area known as the Vega del del Colorado, in Benahavís, making the land that was rustic urban, legalizing everything built in it, mainly luxury mansions ”.

From the platform they have explained that “a first line was introduced in the Consolidated Text, although it was annulled by respective judgments of the TSJA“, One of them being” appealed in cassation, both before the Supreme Court and before the TSJA. “

The group has influenced that the second line, which would finish the one known as “Bite to Marbella”, was introduced in the Adaptation of the PGOU to the LOUA, and was annulled by the TSJA in judgment 759/2021 of April 8, although the The City Council appealed both to the Supreme Court and to the Andalusian High Court. “The TS has flatly rejected the appeal of the City Council for lack of sufficient grounds, as well as for lack of objective interest in appeal,” he stressed.

Regarding the resources of the Marbella City Council, he stressed that the local administration “now insists that the boundaries of Marbella with Benahavís are the historical ones of 1873”, detailing what said historical boundaries “were rethought according to modern UMTS coordinates in the Order of October 22, 2018” and that “as a result of the same, and according to the topographic report commissioned by the citizen movement, Marbella came to lose about 100,000 square meters of land if this rethinking is compared with the one carried out by the Junta de Andalucía in April 2007, which was never published in the BOJA ”.

Likewise, they have remarked that “the rethinking of 2018 came to redraw the boundary between Marbella and Estepona, that historically has been the Guadalmina river, to draw a straight line, a result of which there is homes that are located in both municipalities ”.

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