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Order Fom/2809/2015, Of 18 December, Which Approves The Valuation Of The Land And Water Of The Service Area Of The Port Of Arrecife And The Affected Land To Maritime Signalling On The Island Of Lanzarote.

Original Language Title: Orden FOM/2809/2015, de 18 de diciembre, por la que se aprueba la valoración de los terrenos y lámina de agua de la zona de servicio del puerto de Arrecife y los terrenos afectados a la señalización marítima en la Isla de Lanzarote.

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TEXT

The Public Body Ports of the State has submitted to the Ministry of Public Works, for its approval, a proposal for the valuation of the land and water sheet of the service area of the Port of Arrecife and the land affected by the maritime signage on the island of Lanzarote. This port is managed by the Port Authority of Las Palmas, has the condition of port of general interest and is of exclusive competence of the General Administration of the State in accordance with the provisions of Article 4 and Annex I of the Text Recast of the Law of Ports of the State and the Merchant Navy, approved by Royal Legislative Decree 2/2011 of 5 September, in conjunction with Article 149.1.20. of the Constitution.

The determination of the value of the land and the waters of the service area of the port is necessary to calculate the amount of the occupation rate that will be stopped in favor of the Harbour Authority for the occupation of the domain port public by virtue of authorization or concession, since, according to the provisions of Article 175 of the Recast Text of the Law of State Ports and the Merchant Navy, the tax base of the charge is the value of the good of the domain public busy.

The proposal to evaluate the land and water sheet has been formulated by the Port Authority of Las Palmas, including, among the necessary background and studies, an economic-financial memory.

According to the provisions of Article 175 of the Refused Text of the Law of Ports of the State and the Merchant Navy, approved by the Royal Legislative Decree 2/2011 of 5 September, the value of the land is determine on the basis of market criteria. To this end, the service area shall be divided into functional areas, assigning to the land included in each of them a value by reference to other land of the municipal term or to the next municipal terms, with similar uses and conditions, in particular those qualified as logistic, commercial or industrial use, taking into consideration the appropriate use. In addition, in the case of areas intended for the handling of goods, it may also take into consideration the value of port areas which may be alternatives for the traffic of that port.

In the assessment of the land of each port area, it will also have to take into account the degree of general urbanization of the area, the characteristics of management established in the special plan of the port, its centrality in the service area, and its proximity, accessibility and connection with the different transport modes and infrastructures, in particular to the docking facilities and sheltered water areas.

As for the assessment of water, point (b) of the cited precept states that the value of the water spaces included in each of the functional areas in which the service zone of a port is divided will be determined by reference to the value of the land in the areas of the service area with similar purpose or use or, where appropriate, to the nearest land. The assessment shall take into account the conditions of shelter, depth and location of the waters, without exceeding the value of the reference grounds.

In application of the aforementioned precept, the grounds and waters of the service area of the Port of Arrecife, as well as the land affected to the maritime signage of the island of Lanzarote, which are in the file duly represented in the corresponding planes, have been divided into functional areas as follows:

Ground Surface:

-Functional Area 1: Port Reserve (TE). Included in the area called the Harbour Reserve the spaces free of harbour uses whose function is to guarantee the possibility of development of the harbour activity. In the Port of Arrecife are the Port Reserve the stretches of coastline between the different port areas. To the north, between Punta Grande and the area Ensenada Exterior de Los Marbles and between this and Punta Chica, at the beginning of the commercial pier. Also part of the Port Reserve is the stretch of coastline between the commercial pier and Puerto Naos, including the Beaches of Montana Bermeja and La Arena, and the rest of the coast located southeast of the Avenue of Naos.

-Functional Area 2: Teachings Exterior de Los Marbles (TE). Compact and independent zone of the rest of the service area except for its connection through the Port Reserve, located to the North of the same. It consists of the esplanades and complementary buildings of a defunct concession.

-Functional Area 3: Administrative-Tertiary Zone (TE). This Functional Area consists of the grounds located at the start of the Commercial Pier. The limits of the same match, to the north, with the limit of the Service Zone and the access to the Commercial Muelle; the road situated to the south-not included-and the sea on the East side. The predominant use is administrative and tertiary, so it has several buildings and complementary infrastructures for this purpose, such as road, car parks, etc.

-Functional area 4: Commercial Pier: exterior (TE). Functional Area 4 is composed of the land that forms the dike of the Marbles, including the whole of the same, from the East end of the shoulder to the area of the dock in the West.

-Functional Area 5: Commercial Pier: Interior (TE). Functional Area 5 corresponds to the inside area of the commercial pier. It limits the North to the Functional Area 3; to the East, South and West it borders the sea edge of the harbour infrastructures (cantil of dock, ramps or escorts); and in a small section with the Functional Area 4, in the beginning of the exterior of the Marbles, the container terminal, several solid bulk areas, the Border Inspection Point (P.I.F.), the Authorised Customs Precinct (R.A.H.), as well as additional manoeuvring and esplanade areas are located in this area.

-Functional Area 6: Cruise and Nautical-Sports Area (TE). This functional area consists of the infrastructures mainly intended for the use and docking of cruise ships and the grounds that border the Darsena of Naos in its eastern part destined mainly to the nautical sports. It is formed by the Naos dam and the esplanade, which is enabled for cruise and passenger traffic on the northeast end of Puerto Naos, which is accessed through the dam itself. It borders south on the ground part with the Functional Area 7. Part of this functional area is in the process of transformation when the works of the marina Marina Lanzarote are being implemented.

-Functional Area 7: Mixed Area: Nautical-Sport and Fishing (TE). Functional Area 7 is composed of the land between the urban area of Arrecife and the Darsena of Puerto Naos, limiting, to the north with the Functional Area of the Port Reserve (stretch of coast), with the own limit of the Service Zone West, with the cantil of the pier to the East and, at its southern end, with the Functional Area 6. It is a multipurpose area that contains, in addition to the access to the Naos Dique, esplanadas, ships and fridges destined mainly to the fishing activity but also contains spaces with other uses as the Polytechnic Institute of Marine F.P. Fishing boats of the Canary Islands and their residence, the Police Commissioner or the House of the Sea.

-Functional area 8. Former Commercial Pier (TE). The functional area called the Old Commercial Pier includes the road access to the Old Commercial Pier, the grounds to the west of this road and the pier itself. Its use is punctual and supports light port uses such as sports nautical or small cruises.

Water sheet:

-Functional area 9. Inland waters-commercial darsena (AG). Area of inland waters of the port of Arrecife, which is included in the interior dock of the commercial spring, between the so-called internal and external dock.

-Functional area 10. Inland waters-water-sports and fishing (AG). The area of inland waters of the port of Arrecife, which is included in the Darsena of Naos, between the Naos dam that houses the nautical-sport and cruise use and the contour in the land area with mixed fishing and water-sports use.

-Functional area 11. Inland waters-general (AG). Area of inland waters of the port of Arrecife, not included in the above functional areas.

-Functional area 12. The area of external waters of the port (AG). Area of external waters of the port of Arrecife. Defined in the current Plan of Use of Port Spaces (Order FOMO/426/2004) as amended by the Order of the Minister of Public Works of 21 March 2011.

Land affected by maritime signage:

-Functional area 13. Faro de Punta Pechiguera (FA). Land of public domain associated with the Faro de Punta Pechiguera, in the municipality of Yaiza.

-Functional area 14. Faro de Punta Delgada-Alegranza (FA). Land of public domain associated with the Faro de Punta Delgada, in the islet of Alegranza, municipality of Teguise.

The valuation proposal has been elaborated and processed in accordance with the provisions of the current article 177 of the Recast Text of the Law of State Ports and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September, having submitted to the process of public information and to the reports of the Ministry of Finance and Public Administrations and the Public Body Ports of the State.

Valuation is duly substantiated in the proposal.

In his virtue, on the proposal of the Port Authority of Las Palmas, and the President of Ports of the State, with the agreement of the Secretary of State for Infrastructures, Transport and Housing, completed the procedures demanded by the current legislation, I have:

First. Approval of the assessment.

The "Valuation of the land and water sheet of the area of service of the Port of Arrecife and the affected land to the maritime signage on the island of Lanzarote" is approved. One copy of the original document duly endorsed by the Ministry of Public Works, another in the Public Body Ports of the State and a third in the Port Authority of Las Palmas will be deposited.

Second. Land values and water sheet.

The values of the functional areas in which the area of service of the Port of Arrecife has been divided, as well as the areas affected by the maritime signage of the island of Lanzarote, are as follows:

Functional Area

Value

euros/m2

AF1. Port reservation (TE)

123.63

AF2. The Outer Cove of the Marbles (TE)

112.16

AF3. Administrative-tertiary zone (TE)

200,18

AF4. Commercial dock: exterior (TE)

92.64

AF5. Commercial dock: interior (TE)

129.32

AF6. Cruise and Nautical Area

111.14

AF7. Mixed area: nautical-sport and fishing (TE)

130.73

AF8. Old Commercial Pier (TE)

88.41

AF9. Internal commercial Darsena (AG)

81.41

AF10. Sports and fishing dock (AG)

79,01

AF11. Inland waters-Rest of Zones (AG)

68.61

AF12. Outer waters (AG)

33.95

AF13

Punta Pechiguera (FA) lighthouse

87.10

AF14. Alegranza (FA) Lighthouse

42.15

Third. Publication.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 18 December 2015. -Minister for Development, Ana Maria Pastor Julian.