After more than two decades of litigation and around fifty court rulings, Greenpeace considers the pronouncement by the Andalusian Consultative Council, dated May 21st, to definitively close one of the main administrative fronts of the urban planning conflict surrounding the hotel located on the beachfront in Carboneras. The consultative body concludes that the municipal license granted to Azata del Sol is “null and void by operation of law” because it was improperly granted on protected land within the Cabo de Gata-Níjar Natural Park and because it affected coastal protection easements.
The Executive Director of Greenpeace Spain, Eva Saldaña, stated: “Today we celebrate much more than the annulment of a building permit; we celebrate the end of impunity on our coasts.” She added that the resolution necessitates action without further delay, as “the future demands that we act now, without further extensions or protections for the economic and political interests of a few”.
“"After years of tricks and disobedience by the Carboneras City Council, there are no more excuses: every day the hotel remains standing is an affront to justice and the common heritage."
The coordinator of Greenpeace in Andalusia, Luis Berraquero, has accused the Carboneras City Council of delaying compliance with judicial rulings and has called for the physical demolition of the building: “It is time for the machines to come in and for the Cabo de Gata-Níjar Natural Park to recover what they should never have taken away. The ruling is not a suggestion, it is the legal death certificate of the hotel.”
The ruling by the Consultative Council, while not ordering the demolition or setting deadlines, provides legal backing for the review of the license. It concludes that the license is null for two reasons: authorization on protected, non-developable land according to the PORN, and affecting coastal protection easements established by the Coastal Law. Based on this conclusion, Greenpeace maintains that the demolition must proceed immediately, recalling the collaboration protocol between the Central Government and the Junta de Andalucía to execute the demolition and restore the natural space.
The environmental organization calls for public budgets for 2026 and 2027 to include specific allocations for this intervention, the cost of which, according to a Greenpeace report, would exceed seven million euros. Furthermore, the entity believes that the license's nullity could be key to completing the expropriation process without facing an “abusive” compensation claim from the developer, Azata del Sol, which had sought over 70 million euros.
The next legal step is for the Carboneras City Council to complete the review procedure and formally resolve on the license. Greenpeace has already made its demand clear: immediate demolition and environmental restoration of the area.
