Key Benefits:
The Public Body Ports of the State has referred to the Ministry of Development, for its approval, the proposal of valuation of the land of public domain and water sheet of the service zone of the port of the managed Granadilla 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 Royal Decree Legislative 2/2011, of 5 September, for which the Recast Text of the Law of Ports of the State is approved of the Merchant Navy, 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 has been formulated by the Port Authority of Santa Cruz de Tenerife, including an economic and financial memory. This proposal has been submitted to public and informed information favorably by the Ministry of Economy and Finance and the Public Body Ports of the State.
According to the provisions of the current article 175 of the aforementioned Recast Text of the Law of State Ports and the Merchant Navy, the value of the land will be determined 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 that could be alternatives for the traffic of that port. In addition to this reference value, the final valuation of the land in each area must also take into account the degree of overall urbanization of the area, the management characteristics laid down in the special port plan, 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.
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 in the service zone of the Grenadilla port has been divided into functional areas as follows:
-Functional area I. It covers an approximate area of 54 hectares and is constituted by the front of the port, belonging to it the docks and the levees that will form the dock, as well as the grounds that support them until an imaginary straight line that delimits the above surface.
They are land to be gained to the sea in its immense majority, constituting the purely harbour zone, with intended commercial harbour use.
The esplanade is sensibly trapezoidal. From the north end it starts a vertical dike to the ground, and therefore in a southeast sense, that it penetrates in the sea and makes an angle to make sense south, and completes the dock another dam that, starting from the end of this one, runs in the southwest sense, exceeding the springs. Finally, it is closed with another small, perpendicular to the previous one and oriented towards the land, closing the dock in the southwest. From the nearest end to this one, from the esplanade, a small, right-angle dike arises, which makes sense in the southeast, which further closes the mouth.
-Functional area II. The above-described esplanade, seen from the sea, follows an extension with no solution of continuity, from the aforementioned imaginary line to the interior, which constitutes this functional area, being delimited by the linde exterior of the area service.
They are land, contrary to the previous one, mostly consolidated, except for their southern end, where it is necessary to fill in.
It occupies a surface of 33.1 hectares and has no more contact with the water sheet, than the edge of the filling, in which no dock is projected.
A complementary port use has been planned for these grounds.
The water spaces included in the proposed valuation are as follows:
1. Zone I. Protected waters.
It is the one formed by the waters protected by the levees described in the previous Functional Area I. That is, the one found inside the dock enclosed by the dock, the protection dikes and the imaginary line that joins the end of the dike with the corner that forms the right angle of the counter.
2. Zone II. Non-protected waters.
Rest of the coordinate-delimited service zone in the plane attached to the assessment document.
Linda to the northeast, southeast, and southwest, with open water; to the northwest, by riverside grounds to the 10-and-pike line and docks and levees mentioned above.
The valuation proposal 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 the Royal Legislative Decree 2/2011, of 5 September.
The valuation is duly substantiated in the proposal, having increased its values in accordance with the variation that the Consumer Price Index has experienced between March 2012, in which it is carried out the corresponding calculations, and November of the same year, date of the last index published before the referral of the proposal to this Ministry.
In its virtue, on the proposal of the Harbour Authority of Santa Cruz de Tenerife, and in accordance with the provisions of article 177 of the Recast Text of the Law of Ports of the State and the Merchant Navy, approved by Royal Decree Legislative 2/2011, of 5 September, I have:
First. Approval of the assessment.
The "Valuation of public domain land and water sheet of the service area of the port of Granadilla" is approved. A copy of the original document will be deposited with the Ministry of Public Works, another in 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 of the land service area, as well as the waters, are as follows:
| Value | |
|---|---|
| Terrain: |
|
| Functional Area I | 116.35 €/m2 |
| 102.72 €/m2 | |
| Water: |
|
| Zone I | 29.35 €/m2 |
| Zone II | 5.87 €/m2 |
Third. Publication.
This Order shall enter into force on the day following that of its publication in the "Official State Gazette".
Madrid, April 30, 2013. -Minister of Development, Ana Maria Pastor Julian.
