19 years after a judge paralyzed the works of El Algarrobico, the immense mole (21 plants, 400 rooms) destined for hotel located in the middle of a beach of carboneras (Almería), in the park of Cabo de Gata, the government has determined to open a new way for the demolition that has been announced since then and never arrives. In view of the fact that restoring the place through the legality and the execution of the multiple sentences is a very long and endless road to the sight, now opts for the supposedly rapid path: expropriate the head of the land and the license, Give him money and then yes, demolish.
This route can leave some girón: it has been necessary to use one of the most intense administration’s powers, to initiate a process to deprive someone of their good by force with public money, because two decades of attempts to restore the Legality in court have left the carob exactly in the same place where he was. Incidentally, the State is willing to pay who wanted to build where you could not and for years has done everything possible to prevent the judgments of the courts from executing. There, the promoter has come to ask for 72 million euros for the alleged damage that the cause not to be able to build where he wanted to do it.
The new strategy was announced by the Minister of Finance, María Jesús Montero, recent general secretary of the Andalusian socialists and brand new rival of the president of the Junta de Andalucía in the next regional elections, scheduled for 2026. It has, therefore, a political reading Obviously, that this Monday has been in sight of all when the Andalusian Sustainability Minister, Catalina García, has accused the government of doing nothing just an hour before Montero announced, at the foot of Algarrobico, that the procedures will begin For expropriation.
It remains to be seen how Board and Government are understood in a matter that demands its coordination because the Government raises an expropriation of what is in the area of servitude (around 60% of the structure, about 20,000 square meters), leaving the rest for the Board, and because both are united by a protocol that distributes the tasks of demolition, de -firm and restoration, subscribed nothing less than in 2011.
The City Council does not execute sentences
A long time ago, environmentalists had been denouncing that everything that revolved around the carob was a theater with which to dizzy staff without doing anything effective for demolition. “We have entered Loop,” said José Ignacio Domínguez, the lawyer of the environmentalists from the beginning: “It is the fish that bites the tail.” The proof of how little the resolutions told the manifest will of an administration (the City Council) of not fulfilling them is that everyone is clear that the Algarrobico could not be there, but two decades later the work license remains valid.
The environmentalists had two key sentences of the Superior Court of Andalusia (TSJA), firm after passing through the Supreme Court in 2018, which ordered the City Council of Carboneras to reclassify the land so that in its PGOU it also reflected that this land is not urbanizable, On the one hand, and that the procedure to review the works license he granted in 2003 began.
Seven years after firmness, neither one nor other sentence has been fulfilled, because the City Council has done between little and nothing for it. On the contrary, as evidenced by the fine warnings that the tsja himself made to the coal councilors to hurry or at least they said they were doing. There is no record of effective fines.
The subtle municipal strategy not to execute gave continuity to what he did more evident in the first years: oppose and open new lawsuits to postpone demolition sentences. Since 2018, the City Council, when the Supreme Court settled the issue, began to do everything at all. He announced without further ado the modification of the PGOU in the Official Gazette, and the TSJA had to say that it was not worth it. Then he asked for more time and the pandemic arrived. Then he made the plot and was warned by the judges, so he agreed to the modification of the PGOU in full, but he did it wrong, with phrases that justified him in the “overexed effects” (which opened the door to compensation to the promoter ). So (we are already in 2023) the TSJA had to cancel those full agreements and return the execution of a 2016 judgment (firm since 2018) to the exit box.
The last months has spent them saying that it was already, when the truth is that the registration of urban instruments of the Board does not collect the modification. When he sent her to the court, he realized that it was wrong, so he had to rebuild her. And there is now: the City Council says that it has no secretary who can validate the procedure, and the TSJA says that it is not necessary and that if it is not hurried, it will fine it. In addition, it is not true that there is no secretary, as this means has been able to verify.
In view of the obstacles, the environmentalists tried to be the courts who materially operate the reclassification of the soil and the cancellation of the license, but they rejected it alleging that that can only do the City Council.
In these years, the legal strategy of the City Council has been directed by Jorge Muñoz, now a lawyer from Martínez-Echevarría hired by Carboneras, but before one of the three room magistrates signed by the only resolutions favorable to mamotreto, bogging the matter back in 2015 .
Fifty sentences
Azata del Sol, the promoter who wanted to build her beach front hotel in the middle of a natural park, will now have the word. Domínguez believes that if he rejects the justiprecio, the judicial way is still open, and believes that things are now clearer, because he has asked the TSJ to directly annul the license, without counting on a town hall of which he does not expect collaboration.
Azata bought the land (16.2 hectares 50 meters from the coastline) for 2.3 million euros in 1999, and obtained the municipal licenses of works and the favorable environmental qualification in March 2003, while processed in parallel A demarcation file where something key was discussed: where to place the coastal strip protection servitude? Twenty meters from the OA one hundred coastline?
Azata, who knew the demarcation file, hurried. While the General Directorate of Coasts, the Provincial Urban Planning Commission of the Junta de Andalucía and Department of Urban Planning of the City of Carboneras discussed, the promoter initiated the work on March 22, 2003. These were times when their claims had the support not only of the City Council, but also of the Junta de Andalucía.
When on May 30 the General Directorate of Coasts gave the order to modify the plans of the demarcation project and retrace the servitude up to 100 meters, it was already late. Azata had taken advantage of doubts to plant the seed of her huge mamotreto. He continued the works until the Administrative Contentious Court 2 of Almería ordered him to stop, on February 22, 2006.
In these years, about fifty sentences, of different instances, that have ruled on construction or on incidental aspects accumulate, as if the promoter can be economically compensated. Thirteen of them are from the Supreme Court, which long ago resolved the fundamental: the hotel rose where it could not be built and should be demolished. At that time, the conservation platform Salvemos Mojácar announced that they would be “vigilantes” so that the demolition was executed “without delays”.
The work, to 74% in February 2006, remains the same 19 years later, without any judge or political position having been able, until now, to replenish what should never have touched. The government wants to be the first.
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