COMMUNIQUÉ OF THE PLATFORM OF NEIGHBORS AFFECTED BY THE PROJECT OF INSTALLATION OF A GAS STATION IN AVD / JUAN CARLOS I OF TOTANA.
On February 21 more than 20 families and businessmen from the area of ​​Triptolemos and surroundings, we asked in writing explanations to our City Council based on art.18 of the Law of Bases of Local Regime;
"Are rights and duties of neighbors: e) be informed, upon reasoned request, and direct requests to the Municipal Administration in relation to all files and municipal documentation, in accordance with the provisions of art.
105 of the Spanish Constitution ", and the Subsidiary Rules (hereinafter NNSS) of Totana of 1981 in force, and what they establish in its article 1.5 that;
"Any public or private, natural or juridical person has the right to have the City Council inform him in writing about the regime of urban use and building corresponding to an estate ...".
Said explanations have not been met today by the Mayor, who has the power to approve the instruments for the planning of general development that are not expressly attributed to the Plenary of the Corporation.
As well as the urban management instruments, the urbanization projects and the granting of the licenses, unless the sectoral regulations themselves expressly attribute them to the Plenary of the Corporation or to the Local Government Board itself, this not being the case in our City Council.
The malaise on the part of the families and businessmen that compose this platform of affected comes motivated when having knowledge in the last weeks of the request of license of activity that has been crawling for more than year and a half, for a company that tries to install a station of service in cl.
Cartagena-street corner Desvío, within a plot in area clogged with housing now and in which is located a car wash.
Being the qualification of this plot of URBAN RESIDENTIAL land, both with the current NNSS and with the future PGOU pending of corrections for its approval.
That the construction of this type of establishment, in communion with the agglomeration of existing houses in the vicinity;
as well as the treatment of a highly inflammable lye is a very dangerous equation that leads to this platform of neighbors can not afford to allow the construction of a service station.
All the above, makes question this group of neighbors as there have been sufficient grounds for danger for the Mayor or a representative of the government team has left for months to say they were against the project in order to comply with the general interests of the neighbors of Totana, ergo have led him with absolute secrecy.
Moreover, since it is a 24-hour gas station with only one employee, these dangerousness rates increase in times when there is no vigilant worker, as well as unwanted traffic jams in the area.
We understand that, at least, we deserve an explanation even if the more than 15 writings that were presented have not been answered.
Article 1.8 of the NNSS in its section b) on past urban development actions in this specific area says that: "Urban actions, relatively important between the detour and the railway, which did not respect the legality, in which the soil is practically non-existent for collective equipments, being a constant the mixture of industrial and residential uses ".
It already shows that no ground was left for collective equipment in this area, with a constant mix of industrial and residential uses.
The article itself emphasizes that the urban planning approach was not done well and the laws were not complied with.
So this future service station, would be worsening the future development of collective facilities, and would still not respect the legality in the area.
The 1.8.3 of the same article and relating to the "Uses" in this area where the service station is to be installed says: "The permitted uses in this area will have the following conditions": [...] e) Industry and warehouses , compatible with housing. "
The own Municipal Corporation of Totana introduced in the PGOU for its approval, limitations for the implantation of these service stations in the urban helmet in its Art. 98.1 and 2 of the Urbanistic Norms:
98.1.- In urban areas of global residential use, no new fuel supply installations will be implemented.
- The minimum distance to buildings of public use or equipment of type: educational, welfare, health, cultural or sports, existing or planned in planning will be 200 meters.
98.2.- Conditions of access, design and interior circulation: The minimum radial distance to buildings of other uses located within the same plot will be 25 meters and other plots will be 35 meters, these distances will be measured from the geometric center of each of the fuel storage tanks or the supply posts, according to the most unfavorable point ".
Therefore, until the PGOU clearly states the line that our City Council intends to follow in this regard, and do not understand from this platform of affected, the reason why these measures are not imposed from now on in defense of the health and safety of neighbors of Totana.
Moreover, when the last word on the matter, Mr. Mayor has it for in this case, protect the health of the neighbors and avoid other situations of danger added to the installation of this company in that location.
In many municipalities there is already an ordinance that regulates the distance to establish service stations with respect to other services, homes or schools and require 200 meters.
There are several studies, such as that of the University of Murcia by the Professor of Chemical Engineering, Mr. Enrique González, who conclude that there is a maximum area of ​​influence close to 100 meters, although the average distance in which pollution already affects is about 50 meters, so a minimum distance to homes of 50 meters and 100 meters should be respected for especially vulnerable activities.
As added damage to nearby homes, we could note the increase in noise levels, since it would be open 24 hours and cause continuous noise during the early hours.
For all the above, and in defense of the interests of families and businesses affected, we have decided to become a platform to undertake all legal actions and mobilizations that we consider necessary for the sole purpose of preventing this service station from being installed on the plot what is intended.
Platform of neighbors affected by the installation project of a gas station in Avd. Juan Carlos I de Totana.
