The Ombudsman endorses GOB’s access to urban planning reports

Views: 54

There is a new chapter to the case of the Torre Vella illegal swimming pools. The ombudsman has issued a legal report where it makes a recommendation to the Menorcan Consortium of Urban Discipline that it should recognise GOB as an interested party in files processed by this department.

The known case of the swimming pools that have been processed as tanks for storing water is still alive five years after the first complaints were made. In order to be able to have all the information generated, GOB asked for the legal recognition of an interested entity with the aim of being able to know what actions were carried out, what then took place, and to receive a hearing before resolutions are made.

The Consortium rejected this petition as well as the appeal with a replacement petition presented afterwards. The main argument for not responding to the petition was that the Balearic Law of Urbanisation foresees exceptions to transparency in cases of disciplinary proceedings.

It was decided, therefore, to go to the Ombudsman for an opinion from a body not directly involved in the case. Now a reply has been received which includes a large legal consideration and concludes that the right to access of information from non-profit entities dedicated to the environment cannot be violated by interpretations of regional regulations.

In his reply, the Ombudsman states that the view applied by the Consortium violates basic regulations citing case law of the Supreme Court in this regard and warns that the State Law on the right for environmental information, international conventions, and community directives are being violated.

The Ombudsman will contact the Consortium to recommend a revision of this case. GOB will also make a formal request.

REMEMBER: Saturday 8 June, Protest rally against tourist overcrowding. 19.30 at the Plaza Biosfera de Maó.