In the ordinary session of the Mogán Plenary Session held this Friday, June 7, it was unanimously approved to authorize the transfer, by demanial mutation, of a 378 square meter property to the Government of the Canary Islands to use it as a medical office in the historic center
It is a building located on Avenida de la Constitución, which would replace the current medical office that is located a few meters away. This is now more than 60 years old and about 120 square meters, an insufficient surface area for the population growth of the area.
The new office would be located in the main artery of the town, being a two-story building that until 2021 housed the offices of the Department of Culture and the headquarters of the Mogán Artistic Schools of the historic town. In order to be able to transfer it, the City Council has legally segregated the plot to which it belonged, since this was also home to the parking building under construction – also located on Avenida de la Constitución – and Officially Protected Housing – with access from Calle Drago–.
![[Img # 16864]](https://maspalomas24h.com/upload/images/06_2024/8618_consultorio-medico-mogan-casco.jpg)
The property must be used for its intended use within a maximum period of 5 years from the notification of this agreement, and its purpose must be maintained for the following 30 years.
New uses for the Motor Grande hospital center that never opened its doors
The Plenary, with the votes in favor of the Government group and against PSOE and NC-BC, has approved sending to the Strategic Evaluation Commission of the Urban Plans of the Mogán City Council the request for the start of the Action Program on the Urban Environment (PAMU), Lot 5, Valle de Puerto Rico, promoted and formalized by Roca Gestión Hospitalaria SL, in order for the corresponding simplified strategic environmental evaluation to be processed.
The property in question is located in Motor Grande and in 2012 it intended to develop its activity as a hospital center. However, according to the owner entity, after the opening of the San Roque University Hospital, it ceased to be profitable. Now they want to reorganize the plot, so that it maintains part of its destination for residential use and the road is opened to be able to designate another for commercial use. To do this, they justify that the plots with this same use are already sold out in the area, given that they are all built and fully operational. Likewise, there are other undeveloped residential lands that when developed will lead to an increase in commercial demand.
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After the requalification, 2.500 square meters of buildable space would be allocated for commercial use and 3.545 meters for residential use. Furthermore, since it is an endowment action, that is, the owners would have a greater use of the plot than the one primarily attributed to them, they will have to compensate the City Council by giving up land to allocate it to public endowments. Specifically, it will be a green area of 176,40 square meters. They must also pay a capital gain that will be calculated at the time the construction licenses are granted.
The City Council regulates teleworking of municipal staff
Also included on the agenda was the initial approval of the Regulations Regulating Teleworking in the Mogán City Council, which has been approved with the votes in favor of the local government and the abstention of the opposition. Currently, article 47 bis of the Basic Statute of Public Employees, hereinafter TREBEP, is all national legislation regarding teleworking in public administrations, which is why it has been considered appropriate to establish internal regulations for the Mogán City Council.
Teleworking is that form of remote service provision in which the competency content of the job can be developed, provided that its needs allow it, outside of the Administration's offices, through the use of information technologies and communication.
The municipal regulations of Mogán contemplate that the provision of the service through teleworking will have to be expressly authorized and be compatible with the in-person modality. In any case, it must be voluntary and reversible except in duly justified exceptional cases. Furthermore, it will be carried out in the terms of the regulations issued in the development of TREBEP, which will be the subject of collective bargaining in the corresponding area and will contemplate objective criteria for access to this type of service provision.
Other issues
This decision is motivated because the City Council considers that the just price of the two plots approved by the CVC, which amounts to 258.963,68 euros and 1.031.516,60 euros, is based on a basic situation of the land that does not correspond to what is accredited by the reports of municipal technicians provided by the local Administration itself. And the fact is that, despite the fact that the Subsidiary Standards (NN.SS) approved in 1987 are the current urban planning instrument of the municipality, this is not adapted to the current basic legal framework regarding land and natural resources management and of the territory, as well as in environmental matters, and more specifically to the determinations of Law 4/2017, of July 13, on Soil and Protected Natural Spaces of the Canary Islands (LSENPC'17). That is, it does not adjust to the current urban reality of the land.
The properties, measuring 3.262,31 and 5.443,94 square meters, have parts classified as Urban ground and others like Residual Rustic Land. However, for those portions classified as Urban ground, destined according to the NN.SS for sociocultural and administrative use, as well as for school use, have not carried out the essential urbanization action that provides the aforementioned territorial area with the necessary infrastructure and services that allow these plots to be suitable for building.
As things stand, they do not meet the definition of Urban ground that includes the LSENPC'17 and, therefore, it is not possible to consider it as such. Furthermore, since the necessary urbanization action has not been carried out in accordance with the provisions of the Royal Legislative Decree 7/2015, of October 30, which approves the consolidated text of the Land and Urban Rehabilitation Law, The aforementioned territorial area would be found as Basic Rural Land Situation.
Based on this, the City Council requests that the fair price be calculated according to the current urban reality and not as urbanized land, because it is not.
Among others, Navarro mentioned Law 7/2011, of April 5, on classified activities and public shows and other complementary administrative measures. "It's simple. To carry out a certain activity, it is necessary to obtain prior authorizations and without these the aforementioned activity cannot be carried out," he said, emphasizing that from the moment a procedure is initiated on an activity without the corresponding license, "the owners have six months to provide the documentation, and I guarantee that numerous nightlife venues in Puerto Rico have regularized their activity and obtained the license just by providing the requirements that are included in the municipal electronic headquarters.”










