Before it was finally drafted and then approved, a key part of the regional government's new tourism law was that decision-making and the administration of procedures with regard to a hotel's change of use would pass from the town halls to the government. It was a measure that made sense, as the intention was to cut down on the red tape that surrounds any work with hotels. It was to prove, however, to be the one part of the bill that was substantially altered, i.e. the government caved in because the town halls kicked up an almighty great fuss, saying that they knew best when it came to local planning.
The government was wrong to have given way. Removing the need for town hall approvals would have deprived the local councils of a key function, and their objections smacked of preserving their fiefdoms as much as they may have been founded on legitimate arguments as to local knowledge. The government's weakness in the face of opposition from many town halls run by fellow members of the Partido Popular is now being shown up; the hoteliers federation is complaining of bureaucratic obstacles being raised by town halls that threaten to delay both regular renovation and change of hotel use until next winter.
One does have to be guarded when it comes to statements by the hoteliers federation, as there is a tendency for it to over-egg situations, but it is not altogether surprising if, as the federation alleges, there are staff in town halls who are not following procedures as set out under the new law and that these town halls are displaying negative attitudes towards requests for building licences. The suggestion is that some of these staff haven't even bothered familiarising themselves with the new law.
These negative attitudes expose the extent to which turf wars exist in the layers of public bureaucracy. If there is a hymn sheet from which all local authorities should be singing, then it hasn't been distributed. Copies of the law have presumably been distributed and have seemingly been filed. You know where.
Turf wars, fiefdoms, call them what you will, there are nevertheless reasons to be surprised by such negative attitudes. In Alcúdia, one of the town halls identified as being obstructive, the mayor had been only too happy to announce how many licence requests had been received. Such positive spin does not, however, appear to be backed up by acting on the requests.
A second reason, and one specifically to do with change of hotel use, is that town halls are set to benefit from tax revenue. Five per cent of the value of converted or changed hotels is meant to find its way into town hall coffers. This inducement, introduced once the government had backtracked, seemed sensible. If the town halls benefited, then surely they would be amenable to getting licences approved as quickly as they could.
It seemed sensible, but there was a catch. The town halls had to then undertake modernisation work of their own to the areas near to converted hotels. But then so be it; they should be doing this anyway.
The number of licence requests that Alcúdia and other towns were boasting about sounded like good news. The more renovation or conversion work, the more jobs there are. If it genuinely is the case that the town halls are being obstructive, then it demands more of a response than complaints from the hoteliers federation; the government should be banging heads and kicking backsides.
Of course, what may be happening - hence why one does have to be guarded about what the federation says - is what has long happened, which is that work is started while the licence procedures are still being sorted out. This practice was one that was highlighted after the accident in Cala Ratjada when part of a hotel being renovated collapsed and lives were lost. Among mayors who were asked about licences in the light of the accident was Alcúdia's then mayor Miguel Ferrer who admitted that this was the practice.
One reason for the practice was the length of time it took for licences to pass through town halls and then onto the relevant government bodies. Yet it was this bureaucratic time-wasting that the government had sought to cut by taking the town halls out of the equation.
But if the situation is as the federation suggests that it is, then the government should pay serious consideration to going back and revising the law to make it as had first been intended. No local authority should be in a position in the current economic climate to be erecting bureaucratic barriers to badly needed winter employment opportunities.
Any comments to andrew@thealcudiaguide.com please.
Friday, November 02, 2012
Putting Up Barriers: Hotels and town halls
Labels:
Alcúdia,
Balearic Government,
Building licences,
Bureaucracy,
Hotels,
Mallorca,
Tourism law
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