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Order Fom/1912/2014, On 3 October, Which Approves The Valuation Of Land And Water In The Area Of Service From The Port Of Santa Cruz De La Palma, Managed By The Port Authority Of Santa Cruz De Tenerife.

Original Language Title: Orden FOM/1912/2014, de 3 de octubre, por la que se aprueba la valoración de terrenos y lámina de agua de la zona de servicio del puerto de Santa Cruz de la Palma, gestionado por la Autoridad Portuaria de Santa Cruz de Tenerife.

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TEXT

The public body Ports of the State has referred to the Ministry of Development, for its approval, the proposal of "Valuation of the land and water sheet of the service zone of the Port of Santa Cruz de La Palma", managed by the Harbour Authority of Santa Cruz de Tenerife, which 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 of the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 of 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 Ports of the State and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 of September, the tax base of the rate is the value of the good of the public domain occupied.

The proposal to evaluate the land and water has been formulated by the Port Authority of Santa Cruz de Tenerife, including, among the necessary background and studies, an economic-financial memory. This proposal has been drawn up and dealt with in accordance with the provisions of Article 175 and Article 177 of the Recast Text of the Law on Ports of the State and the Merchant Navy, approved by Royal Legislative Decree 2/2011, 5 September, has been submitted to public and informed information favorably by the Public Body Ports of the State and without objections by the Ministry of Finance and Public Administrations.

According to the provisions of Article 175 (a) of the aforementioned Recast Text of the Law of Ports of the State and the Merchant Navy, approved by 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 commercial, industrial or logistical, taking into account the appropriate use. In addition, in the case of areas destined for terminals and other facilities for handling goods, the value of port areas which could be alternatives for the traffic of such a port may also be taken into consideration. In addition, in the final assessment of the land in each area, account must be taken of the degree of urbanisation in the area, the management characteristics laid down in the port's special plan, its centrality in the service area, and its proximity, accessibility and connection with the different transport modes and infrastructure, in particular to the docking facilities and sheltered water areas.

Regarding the assessment of water, point (b) of the same precept stated that the value of the water spaces included in each of the functional areas in which the service zone of a port is divided determine 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. It also provides that the assessment must take into account the conditions of shelter, depth and location of the waters, without being able to exceed the value of the reference grounds.

The land of the service area of the Port of Santa Cruz de la Palma has been divided into functional areas as follows:

-Functional Area I.

Occupies most of the port land, whose use as designated in the Plan of Use of the Port Spaces approved by Order FOM/1959/2010, of June 22, is a harbour commercial. It is divided into two subareas:

-Functional Area I A.

It covers the whole of the Eastern Dique with its corresponding dock, from its ground start, from the roundabout of distribution to the dam and to the rest of the service area, leaving to its right the darsena nautical-sports boats with a narrow strip of service of the dock, as well as the area of construction of this one, both separated from the East Dique by a fence of protection.

It follows the closure dam of the aforementioned darsena, two heels for boarding vehicles and all the muelle-dike up to the mouth.

This dam protects the entire service area from the lift winds. Its direction is appreciably north-south and parallel to the coast. On its surface are the buildings of the Port Authority, with a commercial area, a tingside and space to store general merchandise. It also has a pre-shipment area of vehicles.

All of the service paths that circulate through it are included in this zone. Also included in this area is a surface of a sensibly triangular terrain on the back of the Eastern Dique, in its ground start.

-Functional Area I B.

This is the largest surface area of the service area. In it the commercial activity of the transport of goods is developed, which in a very important part is rolled. The majority of the island's consumer products are accessed by it, and at the same time the fruits that are exported leave, usually in refrigerated trucks.

It starts exactly on the route of service that is born of the new roundabout of access to the port in the west, leaving to the south the area of the additional uses, next to the southern dock of smaller boats, which they give rise to functional areas; from the inside it is delimited by the cantil of the dock. To the north, from the roundabout, follow the outer fence until you reach a small surface that houses the facilities of the Nautical Club, bordering it, and continues to follow the outer fence. Between this and the cantil of the dock, a parking area of cargo vehicles, ready to be shipped or newly landed, has been established.

At the end of this surface, on the side of the sea, an edified space appears that provides service to the nautical-sports darsena, which forms a new functional area, the A.F. IV. The section of the route of service, which is attached to the aforementioned sports-nautical dock, is considered to be included in the above mentioned A.F. IV.

-Functional area II.

It is made up of the land that serves the sea-sport and fishing dock, which lies south of the port, where small boats, mostly fishing, are at a very local level.

By land is born from the area of complementary uses that was cited in the description of the above functional area and that will be described within the following functional area; follows the outer fence of the service area until the The end of the filling, where the closure dam starts from the south in a perpendicular direction to the ground; from the end thereof, a counter is started which closes the mouth.

-Functional Area III.

It covers the areas of complementary use located between the inner west roundabout, which for the most part belongs to the Functional Area I B, the land of the sea-sport and fishing dock, and the darsena by the south, the Functional area I B by the east and the outer lining by the west.

-Functional area IV.

It is a small surface that is linked to the dock of nautical-sports boats, located to the north of the port, and that provides service to it.

The area is bounded to the north by the Functional Area V that will be described below, to the west by the already described Functional Area I B, to the east by the Functional Area I A and to the south by the water sheet of the darsena itself.

The span of the service path that is attached to it is considered to be included in this functional area.

-V functional area

It represents an important area of the service area of the port, located to the north of the port, which separates it from the urban area.

According to the Plan of Use of the Port Spaces, its use is complementary and non-harbour harbour compatible with the port activity.

Following its view from the sea, the first thing that is presented is a lot of ground, among other things, sports tracks. Its space located further north, and therefore in contact with the city, is occupied by traffic routes; from these to the port, there is a parking for small vehicles. It ends up northwest on a small surface, physically separated from the previous one, occupied by the facilities of a service station.

-Functional Area VI.

The space occupied by this functional area is located between the Functional Area I B and the outer port of the port, precisely by means of external circulation.

Their land is currently occupied by the Nautical Club's facilities and by the historic lookout next to the Club.

The water spaces included in the proposed valuation are those defined in the current Plan of Use of the Port Spaces approved by Order FOM/1959/2010, of June 22 ("BOE" of July 19, 2010) of the next mode:

Zone I. sheltered waters.

Zone I, or interior of the harbour waters, constituted by the surface of sheltered water bounded by the line that joins the morro of the East dike with the intersection of the two alignments of the dock of the dock of boats minor, located at the southern end of the port.

For assessment purposes, it has been divided into the following functional areas:

Zone I-1. Zone I waters corresponding to the commercial port of the port.

Zone I-2. Zone I waters corresponding to the dock of smaller vessels at the northern end of the port.

Zone I-3. Zone I waters corresponding to the dock of smaller vessels at the southern end of the port.

Zone II. Unsheltered waters.

It is the zone constituted by the waters that, not being Zone I, are limited by the straight line that joins the Punta de Las Salinas, to the south, and the Punta de Santa Lucia, to the north, and the coast, with the exclusion of the spaces of zones intertidal and small draught whose disaffection was approved by the aforementioned Order FOM/1959/2010 of 22 June.

The valuation proposal, as indicated, has been prepared and processed in accordance with the provisions of Articles 175 and 177 of the Recast Text of the Law of State Ports and the Merchant Navy, approved by Real Decree Legislative 2/2011 of 5 September, having submitted to the public information procedure and to the reports of the Ministry of Finance and Public Administrations and the Public Body Ports of the State.

In its virtue, on the proposal of the Port Authority of Santa Cruz de Tenerife, and in accordance with the provisions of Article 177 of the cited Recast Text of the Law of State Ports and the Merchant Navy, I have:

First. Approval of the assessment.

The "Valuation of the Land and Water Lamina of the service area of the Puerto de Santa Cruz de La Palma" is approved.

A copy of the original document will be deposited with the Ministry of Public Works, another in the Public Body Ports of the State and a third in the Port Authority of Santa Cruz de Tenerife.

Second. Land values and water sheet.

The values each of the functional areas in which the port service zone has been divided into these effects are as follows:

Functional area

Value €/m2

FLOOR

I A

140.59

I B

118.18

II

93.73

III

109.01

IV

140.59

V

120.22

VI

104.93

Zone I-1

24.45

Zone I-2

32.60

Zone I-3

15.28

Zone II

4.82

Third. Publication.

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

Madrid, 3 October 2014. -Minister for Development, Ana Maria Pastor Julian.