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Order Fom/2164/2015, Of 6 October, Which Approves The Valuation Of The Land And Water Of The Service Area Of The Port Of Puerto Rosario And The Affected Land To Maritime Signalling On The Island Of Fuerteventura.

Original Language Title: Orden FOM/2164/2015, de 6 de octubre, por la que se aprueba la valoración de los terrenos y lámina de agua de la zona de servicio del puerto de Puerto Rosario y los terrenos afectados a la señalización marítima en la Isla de Fuerteventura.

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TEXT

The public body Ports of the State has sent to the Ministry of Public Works, for its approval, the proposal of valuation of the land and water of the service zone of the port of Puerto del Rosario and the lands affected to maritime signage on the island of Fuerteventura. This port is managed by the Port Authority of Las Palmas, which has the status 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 September, in conjunction with article 149.1.20ª 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 Puerto del Rosario, as well as the land affected to the maritime signage of the island of Fuerteventura, which are found in the file Properly represented in the corresponding plane, they 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. They constitute the northern and southern limits of the service area where a natural swimming pool, a stretch of walk, a square (north), an urban beach and a walk (south) are located.

-Functional Area 2: Administrative-Tertiary Zone (TE). This area is made up of the land at the start of the Commercial Pier. The limits of this Functional Area are constituted by the Avda. Ruperto González Negrín, to the north; the main road of the port to the south and west; while for the east the limit is marked by the sea. In this area buildings and infrastructure are located pre-eminently administrative and tertiary.

-Functional Area 3: Commercial Pier: Polyvalent (TE). Located between functional area 2 to the north and functional area 4 to the south. This area corresponds to the northern half of the Commercial Pier (except the functional area 2). It is formed by the dock, maneuver zone, the explanade annexed and the works of shelter to the east. It hosts the largest and most varied part of the existing facilities and activities.

-Functional Area 4: Commercial Pier: General merchandise (TE). Located south of the AF3, this area corresponds to the southern half of the Commercial Pier. It is formed by the dock, maneuver zone, the explanade annexed and the works of shelter to the east. It hosts mainly diaphanous esplanades for discovered storage.

-Functional Area 5: Port-City Interaction Area (TE). It is a strip of approximately 580 meters of length and variable width that is in contact with the city (along the Avenida Ruperto González Negrín) between the Commercial Pier and the Fishing Pier/Nautico-sports. These are diaphanous esplanades and sidewalks, with limited urban determinations, the main function of which is to maintain the land connection between the port areas.

-Functional Area 6: Cruise Area (TE). It is the Functional Area constituted by the infrastructures mainly intended for the use and docking of cruises. It consists of access to the dock through the former fishing dock/marina, the associated esplanade and the cruise ship dock itself.

-Functional area 7: Water-sports and fishing area (TE). They are the grounds that make up the outline of the new nautical-sports darsena delimited by the old fishing dock/marina, the cruise ship dock and the closure spigon to the south of it.

Water sheet:

Functional Area 8. Inland waters of the port (AG). Inland waters area of the port of Puerto del Rosario.

Functional Area 9. The area of external waters of the port (AG). The outer waters of the port of Puerto del Rosario.

Land affected by maritime signage:

Functional Area 10. Faro de Puerto del Rosario or Punta Gavioto (FA): Public domain grounds associated with the Faro de Puerto del Rosario, in the municipality of Puerto del Rosario.

Functional Area 11. Faro de Punta de la Encarlada (FA). Land of public domain associated with the Faro de Punta de la Encarlada, in the municipality of Tuineje.

Functional Area 12. Faro de Morro Jable (FA). Land of public domain associated with the Faro de Morro Jable, in the municipality of Pájá.

Functional Area 13. Faro de Punta Jandia (FA). Land of public domain associated with the Faro de Punta Jandia, in the municipality of Pájá.

Functional Area 14. Faro de Punta de Toston (FA). Land of public domain associated with the Faro de Punta del Toston, in the municipality of La Oliva.

Functional Area 15. Faro de Punta Martino (FA). Land of public domain associated with the Faro de Punta Martino, in the Isla de Lobos, municipality of La Oliva.

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 service zone of the port of Puerto del Rosario and the affected land to the maritime signage on the island of Fuerteventura" is approved. A 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 each of the functional areas of the land service area, of the areas affected by the maritime signage of the island of Fuerteventura, as well as the waters, are as follows:

Functional Area

Value €/m2

AF1. Port reservation (TE)

109.51

AF2. Administrative-tertiary area (TE)

193.23

AF3. Commercial pier: multipurpose (TE)

98.46

AF4. Commercial dock: general merchandise (TE)

93.04

AF5. Port-city integration (TE) area

159.65

AF6. Cruise Area (TE)

155,87

AF7. Nautical-sport and fishing area (TE)

153.10

AF8. Inland Water Zone (AG)

64.57

AF9. Outer water zone (AG)

30,10

AF10. Faro de Puerto del Rosario or Punta Gavioto (FA)

84.62

AF11. Punta de la Entallada (FA)

52.27

AF12. Morro Jable Lighthouse (FA)

89.60

AF13. Punta Jandia Lighthouse (FA)

52.27

AF14. Punta de Toston (FA)

82.13

AF15. Punta Martino (FA) Lighthouse

37.33

Third. Publication.

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

Madrid, October 6, 2015. -Minister for Development, Ana Maria Pastor Julian.