Excess noise from the bars in the commercial centre El Copo in Torre del Mar that residents in the Ipanema buildings were forced to endure during the period 1990 to 2003 is costing Vélez-Málaga Council more and more as time passes, and the bill could now be around €4 million.
The Court decision against Vélez-Málaga Council was the first of its kind and the Council was ordered to pay compensation to each of the 18 residents who had to endure thirteen years of noise levels up to 120 decibels when the maximum permitted level was 30 decibels.
The original judgement was €2,812,680, but though non-compliance, interest of €1 million has bumped this figure up to nearly €4 million.
A new judgement on January 18 requires the Council to fulfil its obligations to the residents, including the payment of interest.
Local residents believe that the failure of the July 2003 Court (TSJA) ruling to tackle the noise problems by not providing for inspection of soundproofing measures or closing down offending establishments provides for further, unspecified compensation for the residents. This is an annual sum from 2003 until such time as the noise problem was removed.
The TSJA would have to check when the noise problems ceased in order to determine the entitlement each resident.
The residents are asking the TSJA to send the relevant papers to the Prosecutors office so that criminal proceedings can be taken against the Mayor, Salomé Arroyo, for non-compliance with a Supreme Court order.