MARBELLA Town Hall’s attempt to alter the municipal boundary with Benahavis has been blocked by the Andalucian Superior Court of Justice (TSJ).
The agreement to gift Benahavis 170,000 square-metres of land, known as Vega del Jaque, was met with huge objection when it was revealed last December.
The land – classed as non-urban in Marbella – would have been urbanised under Benahavis’ new Plan Parcial, allowing the construction of 50 luxury villas.
The exchange would have greatly benefitted property promoter Lars Broberg – the husband of Marbella Mayor Angeles Munoz – and his brother Jim Broberg.
Munoz and Broberg live in a stunning villa in the area, and would be liable for less IBI tax after the land deal.
However, more than 2,750 letters and signatures were presented to the town hall, from people who argued there was nothing for Marbella to gain from giving away the land.
The TSJ ruled that ‘borders cannot be altered by a General Plan’, but the decision will be appealed to the Supreme Court.
Petition organiser, expat Cristina Falkenburg said: “The ruling is extremely important for anyone owning land in that area or being offered real estate for purchase.”
“By altering the boundaries, you can build on that land. Of course, all taxes and future income from developing that land goes to Benahavis.”