The Andalusian Consultative Council (CCA) has issued a favorable opinion on the review of the construction license for the hotel El Algarrobico, initiated by the Carboneras City Council. The consultative body considers that the permit, granted in January 2003 to the developer Azata del Sol, is «null and void», which facilitates the definitive annulment of the license and brings the possibility of the building's demolition closer.
The resolution, dated May 22, supports the proposal that the City Council will soon submit to the Plenary Session. This action responds to the ruling by the High Court of Justice of Andalusia (TSJA) in July 2021, which urged the City Council to initiate this procedure due to irregularities detected in the original concession.
The Consultative Council bases the illegality of the urban planning authorization on two main reasons: construction on protected non-developable land according to the Plan for the Management of Natural Resources (PORN) of 1994, and the invasion of coastal protection easements, by not respecting the minimum distance of 100 meters from the maritime-terrestrial public domain. The body also validates that the City Council's Plenary Session should lead the procedure and rejects the potential expiry of the file, despite the time elapsed, arguing that the process has been conditioned by judicial rulings.
The ruling also supports the report issued by the Municipal Secretariat on March 27, which will serve as the basis for the plenary debate. This report proposes, in addition to declaring the license illegal, initiating a separate file to study a possible compensation for the developer and quantify it, if applicable.
The municipal proposal indicates that the City Council must «qualitatively and quantitatively determine, as well as economically evaluate» any potential amounts to be paid. Currently, the City Council lacks sufficient technical and human resources for an in-depth analysis. Both environmental groups and the developer submitted allegations during the processing. The City Council plans to respond by referring to the Consultative Council's own opinion, which supports both the procedure followed and the possibility of addressing potential compensation in a separate procedure.
“"Today we celebrate much more than the annulment of a building permit; we celebrate the end of impunity on our coasts."
The environmental organization Greenpeace has welcomed the decision, calling it a «victory» after more than twenty years of legal and administrative battles. Its executive director, Eva Saldaña, criticized the actions of the Carboneras City Council, labeling them as «intolerable judicial insubordination».
“"There are no more excuses to proceed with the demolition of the hotel, and I demand that the protocol signed in 2011 between the central Government and the Junta de Andalucía be activated as soon as possible to carry out the demolition and environmentally restore the area."
The coordinator of Greenpeace Andalusia, Luis Berraquero, called for the activation of the 2011 protocol between the central Government and the Junta de Andalucía for the demolition and environmental restoration of the area. Greenpeace recalls that the Supreme Court ruled in 2016 that El Algarrobico was protected non-developable land since 1994 and in 2023 ordered the City Council to initiate the review of the license.
The environmental organization maintains that the nullity of the license is «the master key» to complete the partial expropriation initiated in 2025 by the Ministry for Ecological Transition without facing millions in compensation based on a license now considered illegal from its origin. Greenpeace demands that the public budgets for 2026 and 2027 include funds for demolition and restoration, estimating a total cost exceeding seven million euros.
