The Consultative Council of Andalusia has issued a mandatory and binding ruling declaring the construction license for the Algarrobico hotel null and void. This report, reviewed by this newspaper, compels the Carboneras City Council to convene a municipal plenary session to formally annul the permit, a crucial step after more than twenty years of legal battles.
The document is damning and dismantles the council's arguments for validating the license, which was requested over 23 years ago. The Consultative Council states that the building was constructed on protected non-developable land and contravenes the Coastal Law. Construction began in 2003, disregarding the Land Management Plan (PORN) of the Cabo de Gata-Níjar Natural Park, which in 1994 included the Algarrobico area within its protection zone.
Furthermore, the report criticizes the Carboneras City Council for providing cartography that did not indicate the land's protection status. The body relies on rulings from the Supreme Court and the High Court of Justice of Andalusia (TSJA), which establish that any activity on land affected by a PORN must comply with its regulations. The Consultative Council also notes that the license violates the 1988 Coastal Law, which mandates a 100-meter protection servitude, while the hotel's initial constructions are barely 14 meters from the sea's edge.
Despite the ruling's conclusive nature, which is not subject to appeal, the administrative annulment of the license can be challenged by the developer, Azata del Sol. Sources familiar with the case anticipate that the company will appeal the plenary session's decision in court, potentially prolonging the legal process for several more years. The City Council fears that a multi-million euro compensation claim could jeopardize its financial survival.
The construction license was granted in contravention of coastal regulations, which were inexcusably applicable in January 2003.
Environmental organizations such as Greenpeace hail this ruling as a decisive step against impunity on the coasts. José Ignacio Domínguez of Greenpeace has urged the council to convene the plenary session without further delay to request the hotel's demolition. Eva Saldaña, executive director of Greenpeace Spain, has described the pronouncement as a "turning point" in the face of the environmental and climate crisis, and Luis Berraquero, Andalusia coordinator, stated that "there are no more excuses" to tear down the building, calling the ruling "the legal death certificate of the hotel."
