Sentencing of British Couple a warning to others
David and Janet Hartshorn are typical of many British people, they were simply seeking to build their dream home in the Spanish sunshine and perhaps see out their retirement there. However, they would certainly not have been expecting their ambition to land them in trouble with the Spanish courts and face the demolition of their property but that is what happened this week when a Spanish judge sentenced them to 8 months in prison for a breach of their initial planning regulations.
The charge relates to a large house the couple built on protected land outside the Costa del Sol town of Torrox. The land the house was built on was purchased in September 2000, land which already had the ruin of a small 320 sq ft house already on it. When the Hartshorns applied for planning permission in June 2001 they were told that they would not be able to build anything bigger than the existing ruin. But it appears that the court believes this was not adhered to. In his sentencing report the judge wrote – “However, the accused have built a family chalet-style home with a new storey, basement, swimming pool and asphalted exterior perimeter, with an area of approximately 240 square meters (2580 square feet).”
Spanish law unsurprisingly acts differently to here in the UK and the couple first had to appear in a Malaga court back in October for their one day hearing. However, Spanish judges then publish their sentences in written rulings instead of back at court and the Hartshorns were informed of their fate through the local media. As well as the custodial sentence, the couple have been ordered to demolish the house and pay a fine of around £4,500.
Speaking from the condemned property, Mrs Hartshorn said, “This is terrible news, I am very upset by this. We haven't been told anything about the result of the court case. We have a meeting with our solicitor tomorrow.”
“The house was built nine years ago and people are still building houses illegally round here. We will definitely appeal. My husband has said he will take the case all the way to the European Courts to save the house.”
The couple had been ordered in 2004 to stop their building work and in September 2006 they were issued with a fine of around £60,000 which the Hartshorns are challenging. One piece of good news for the couple is that the judge will more than likely suspend the prison sentence – in Spain first time offenders who are sentenced to less than two years usually receive suspended sentences. The judge did add however that it is impossible to grant retrospective planning permission as the house is on protected land.
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