The Minister of Environment, Infrastructure and Territory, Vicente Martínez Mus, and the Director General of Coasts, Ports and Airports, Marc García Manzana, met this morning at the Baleària Port building in Dénia with associations and hundreds of residents affected by the demarcation of the beaches of Dénia. The demarcation of public maritime-terrestrial domain assets in the Les Deveses area of Dénia was approved definitely before the Christmas holidays and now the deadlines for appealing the approval are open, both by residents and the administrations involved.
The councillor has expressed his opinion on the definitive publication of the boundary in the first section of the Dianense coast and has assured that "theoretically it resolves the objections of the neighbours, but this is not the case. They have modified the initial approach a little, but it is not enough. We are in the process of studying the objections to see how we are going to fight this resolution because we do not like it. It is not the time to make boundary demarcations, on our coast what is needed is recovery, regeneration and protection works. There are many pending works, and while these works are not done, it does not make sense to generate these problems and dispossessions to the neighbours."
According to the announcement, the Regional Ministry is already planning to file an administrative appeal and is in the process of studying the arguments that will be used. In this way, the regional government will appeal the boundaries both through judicial and administrative means. In this regard, it has recommended that those affected present appeals against the boundaries before the Ministry because, although public administrations such as the Generalitat cannot do so, citizens do have this right. The regional minister has acknowledged that this appeal will probably not change the Ministry's position, but its usefulness lies in prolonging the process, since it could cause administrative delays. In this way, it could be invalidated due to the legal deadlines expiring. "The more the better," he reiterated.
New Valencian Coastal Law
On the other hand, the meeting was informed about the measures that the Generalitat Valenciana is preparing to "counteract the usurpation of private properties," stressed Martínez Mus. Regarding the future Law on the Protection and Management of the Coast of the Valencian Community, they assure that "it will be the first autonomous regulation aimed at making the protection of the coast compatible with the economic uses of the coast and protecting traditional coastal areas and homes against demarcations such as this one."
As for the number of houses, the Dénia Town Hall assures that there are about 26 completely affected, but in the meeting the residents have referred to up to 600 people who are affected by the demarcation of the first section. "They can lose total or partial ownership of their houses or plots, which can only be enjoyed under a concession from the State." In this context, Martínez Mus has stressed that the future regional law will address issues that state regulations do not adequately resolve, such as the protection of traditional coastal areas, marsh areas and the compatibility between human uses and the natural values of the coast. According to the councillor, the new law will also seek to "address regression through protection tools and give the town halls a voice in the management of the coast."
The minister explained that the future law, whose processing will begin at the end of this month, will include monitoring mechanisms on state resolutions that may harm the Valencian coast, as is the case of the demarcation of Dénia. Martínez Mus stressed that this regulation "complements state legislation and is based on the principles of protection, environmental improvement and urban reorganisation, with the aim of effectively regulating the use and conservation of the coast." In this sense, he assured that the law reaffirms the commitment of the Consell to create an autonomous regulation that responds to the powers established in the Statute of Autonomy.
The position of the Dénia City Council
The Dénia Government Team was also present at the meeting. The Mayor of Dénia, Vicent Grimalt, spoke about the meeting of the councillor and expressed his concern about the way in which the boundaries have been managed and defended the support of the City Council to the affected residents.
Grimalt stressed that the current Coastal Law dates back to 1988 and that, since then, various governments, including some from the Popular Party with an absolute majority, had the opportunity to modify it, but they did not do so. "In 2013, Minister Arias Cañete introduced a reform of the law, but this issue was not addressed. The demarcation continued as planned," he said.
According to Grimalt, referring to the case of Galicia, "the constitutional courts have ruled in favour of some aspects related to the boundaries, but it is important not to create alarm among the residents or use this issue as a weapon in an electoral campaign."
The mayor reiterated that the Dénia City Council has always maintained that "the boundaries should not be definitive until the regeneration of the coast is completed and its effects are assessed. We are on the side of the residents, we do not understand some of the ways in which these processes have been carried out." In addition, he argued that the boundaries are necessary, but they must be carried out appropriately and respecting the rights of the owners.
He also highlighted the work of the municipal government team to reduce the impact of the demarcation: "Thanks to the report presented by the City Council, only 30 properties were left within the public domain, when initially there were more than 100." He insisted that the second and third phases of the regeneration of Les Deveses are still pending, which coincide with the next phases of the demarcation. "We would have liked to wait until these phases were completed before making definitive decisions." He also reaffirmed the City Council's commitment to residents who can prove that their properties predate the 1988 Coastal Law, helping them to appeal in the event that the regulations are violated.
On the other hand, he referred to the General Structural Plan for Dénia, where "the provisional boundaries marked by Costas had to be included as one of the conditions imposed by the Generalitat. At the time, Costas forced us to reflect these boundaries, but once the definitive boundary is consolidated, these properties will return to their original classification as urban land."
The PP of Dénia will demand that the City Council also file an administrative dispute
The Partido Popular in Dénia, represented by its spokesperson Pepa Font, announced after the meeting that they will take a motion to the next municipal plenary session in which they will demand that both the Dénia City Council and the Generalitat Valenciana lodge legal appeals in the courts. According to Font, the local government has so far refused to appeal the situation to the judge.