The Environment Minister’s visit to Olhão last Monday for discussions with mayor Antónia Pina has resolved the Armona island land classification problems that have been the focus of international attention - due to the efforts of a British couple whose half-built home was under order to be demolished.
The construction of the seaside property owned by Paul Roseby and James Tod had been authorised by Olhão council despite the land area being national maritime reserve.
‘Demolition Man’ Sebastião Teixeira from the Portuguese Environment Agency was quick off the mark and sent the couple a demolition order with a start date of August 1st, demanding the property be removed despite the fact it was built on the footprint of two old island properties that had been there for years.
António Pina explained at the ‘Don’t invest in Portugal’ demonstration (here) outside his town hall on August 17th, that the zone on which the couple’s house is situated includes 139 additional properties and that he would "continue discussions" with minister João Pedro Matos Fernandes to have the area recategorised so as to legalise these properties that, as a Loulé court confirmed, should never have been built.
A change to the zone, using a Plano Intervenção e Requalificação, had been blocked by Teixeira but the minister has allowed the zone to be redrawn thus removing any legal obstacle to the 140 properties remaining where they are.
The minister also has extended Olhão council’s concession to manage the island for another 30 years, thus kicking Teixeira further into touch and putting under renewed pressure his continued role as head of the environment agency.
The demolition order is still in play for Tod and Roseby's property but the good sense of the minister in the case so far, with a weather eye on his Socialist Party colleague Pina’s bid to continue as mayor after the October 1st elections, should ensure the demolition order is scrapped beacuse the land is being reclassified.
If Teixeira tries any sneaky moves to demolish the property in a dawn raid, this will draw opposition from the council and be blocked by whatever legal means are at its disposal.
This is a major coup for mayor António Pina whose successes in support of the Ria Formosa islands so far have gained him few direct votes as Culatra, where the settlements of Farol, Culatra and Hangares are situated, come under Faro council.
Armona is in Olhão’s remit and the mayor rightly can claim the credit for getting this matter cleared up with the help of the minister. This means more voted for Pina whose tenure has been marked by a lack of collaboration and a 'my word is law' attitude.
Recategorising 140 illegally sited properties is no mean feat and hopefully the British couple soon can resume the construction of their dream home and start to enjoy the island life which they have sought.
Paul Roseby commented to algarvedailynews today, "We are beginning to believe our nightmare ordeal is coming to an end. We are very grateful to João Fernandes for putting our case and fellow islanders concerns at the top of his agenda.
"Snr Pina has done well to champion our cause in the name of justice and common decency. However, we still have two legal cases outstanding at considerable financial cost to us and to the Portuguese taxpayer, so the sooner a guaranteed date for the instigation of the PIR is confirmed the sooner we can all get on with living our law abiding lives in peace.
"Thank you to all our old and new friends, on and off the Island, who have supported us in our numerous hours of need. We hope no taxpayer should be brutalised and discriminated against in such a way, ever again"
Comments
but we will all buy houses here, even the people who advised you not to.
We even build houses in places where we don't have full planning permission, but that doesn't stop some people.
My advice Al, is come and live in Portugal It's great. There is only one reason why people live here, and that is because they enjoy it... why shouldn't you.
To be honest, I do not think that either the minister nor Pina deserve any applause for this headline-grabbing 'shifting of the goalposts'. Yes of course it is a victory for the beleaguered couple and their 140 neighbours. But the minister & Pina will not be particularly interested in that, their only real concern was to be seen as the saviours in this unholy mess, even though it was largely caused by the latter (through the illegal granting of consent) and his predecessors. I guess that is how politics work. Quietly create a problem then noisily "recify" it in the run-up to an election.
But let's not forget that this could set a dangerous precedent. These laws (as they stood) were put in place with the best will in the world: to protect the environment from irreparable damage from development. This case has clearly shown that, given sufficient pressure, these laws can be 'bent' to suit whomsoever may benefit from such changes. In this case Pina is the main beneficiary, the happy property owners being a convenient by-product.
With pressure being felt on other precious areas along the coastline (Salgados, Monte Gordo and numerous others) it is surely only a matter of time before word gets out to developers that with a bit of skillful PR they too can get their own way.
Spot on Ann, can't understand why you are getting 'red arrowed' on this.
Absolutely right Jack. The whole area is a travesty.
It is a disgraceful mess from all angles, the majority of these buildings are illegal and without full planning permission.
I have absolutely no evidence for this supposition, but if Teixeira had targeted the other 139 dwellings, would the press, or Pina, have taken any notice? By targeting one high-profile building, Teixeira has managed to get the law clarified, and as far as I can see, to the benefit of 140 householders and their families.
I say again, Teixeira does not make the law. He is the unpleasant agent by whom the government enforces its decrees.
...but not even-handedly. By enforcing the law on one property and ignoring the other 139 in the same illegal area, Teixeira rightly has been described as erratic, vindictive and "would do anything to get back at Pina"