The decision on the future of the half-built hotel on El Algarrobico beach, located within the Cabo de Gata Natural Park, now rests with the courts. Both the Regional Government of Andalusia and the Central Government seek the annulment of the construction license, granted 23 years ago. The Ministry for Ecological Transition has asked judges to compel the Carboneras City Council to revoke the license, or to do so themselves if the council fails to act. The Andalusian Government, meanwhile, prefers the judges to take direct initiative.
This stance was solidified in a meeting between the two administrations, held after the surprising decision by the Carboneras City Council's plenary session to postpone the vote on reviewing the license. The joint Government-Regional Government of Andalusia commission, which had not met since March of last year, served for both parties to inform each other about their actions and intentions, which are aligned on the ultimate goal of removing the structure from the beach.
Both administrations agree on the urgency of demolishing the hotel, which requires declaring the original license null and void. Although the responsibility lies with the City Council, it has delayed action for years, despite a final ruling from the High Court of Justice in December 2022. The law allows judges to execute the ruling directly in cases of municipal inaction, an option that environmentalists have long demanded.
The municipal plenary session last Wednesday again postponed the decision, citing a motion to request further reports on the patrimonial and urbanistic impact of declaring the license void, including potential compensation to the developer, Azata del Sol. This new delay has caused indignation and reinforced the idea of resorting to judicial means.
The Central Government has requested the High Court of Justice of Andalusia (TSJA) a 72-hour deadline for the City Council to convene a new plenary session to address the license review. If not met, it requests that the subsidiary execution of the sentence proceed and those responsible be fined. The Regional Government of Andalusia, however, does not wish to grant further opportunities and prefers that judges directly decree the nullity, given the repeated non-compliance and delays by the council.
The expropriation option, initiated by the Central Government in February 2025, is contingent on the outcome of judicial proceedings to annul the license. Both parties state that efforts are focused on this path. There is a significant discrepancy in the valuation of the land: Azata del Sol values it at 44.5 million euros, while the Ministry offers 16,500 euros. This difference will be decided by a provincial expropriation jury.
