The magistrates responsible for monitoring that the City Council of Carboneras complies with the sentence that forces him to review the works license of El Algarrobico have given the mayor another month to begin to do so. If that time has done nothing, they warn that they will impose a fine and will communicate it to the prosecutor, in case it incurs crime of disobedience. For now, the judges do not pronounce on the possibility of being those who assume the revision of the license, as asked by the promoter and the environmentalists, with the implicit rejection of the Junta de Andalucía.
Until now, any material action to review the license and eventually cancel it has been lost in judicial meanders. The new warning of the TSJA to the mayor intends to correct this, warning him that he has to review or adopted measures provided by law: a fine of 150 to 1,500 euros and/or deduction of testimony to the prosecutor.
The judicial resolution, a providence issued by the Superior Court of Andalusia (TSJA) March 6 to which this medium has had access, again requires the City Council to begin to comply with a sentence issued on July 22, 2021 and firm since May 18, 2022, when the Supreme Court rejected the appeal. Since then, the City Council of Carboneras is obliged to review the license granted in 2003 to Azata del Sol, SL that license, which is still valid despite the multitude of resolutions that declare the illegality of the building, served the promoter to raise almost all of a hotel of 411 rooms and 21 plants in a land within the Natural Park of Cape of Cabo of Gata 14 meters from the sea line.
Three years after the firmness of the sentence, the review has not begun. Now, the matter has entered into a new political dimension after the central government has begun to process the expropriation, in open confrontation with the Junta de Andalucía, which continues to prefer the path of the review of the license.
The resolution does not expressly respond to the request that it is the TSJA itself to review, in the event that the City Council continues to drag the feet. Ecologists had preferred to be the judges to review the license, preventing the task from falling again on a session in which they do not trust. The Board opposed this request, underlining that it must be the City Council that executes. José Ignacio Domínguez, Greenpeace’s lawyer in the process, anticipates that after the period of one month, he will ask for the TSJA who executes.
Second requirement
This is the first time that the TSJA refers to the possibility of fine and imputing the mayor, who has been asking him to review the license almost two years.
On June 1, 2023, the Court returned the file to the City Council so that “practice what demands compliance with the statements contained in the ruling.” Before the delay, in September the forced execution began. On February 9, 2024, more than a year ago, it required the mayor so that in a month he would accredit the start of the review. Then, the environmentalists asked to suspend this procedure while the reclassification of the soils was completed, but the court refused and on November 11, 2024 he asked the promoter, the environmentalists and the Board: what to do to get the sentence to be fulfilled?
The promoter, who aspires to obtain financial compensation, asked that the City Council be granted a month again and that, if it did nothing, it was the judges who reviewed the license, a possibility provided for in the law. The environmentalists agreed. But the Junta de Andalucía was unmarked with a letter in which it stressed that it must be the City Council that executes, because that is what the sentence says.
The political gap as a backdrop
The letter of the lawyer of the Board was referred three days before the Government announced that it will expropriate almost half of the land of El Algarrobico, 16,000 square meters located in the maritime-terrestrial public domain zone. The Central Executive alleges that the beaches are within its competence, and that in these twenty years it has already been shown that the autonomous and local administrations have not known or have not wanted to demolish the carob.
The announcement of Montero caught almost all and caused a remarkable discomfort in the Andalusian government, which maintains that the license review is the fastest way to end the mole. However, before the courts he has rejected the expeditious route of the judges and continues to entrust himself to the Consistory, whose mayor, Salvador Hernández (Citizens), has already said that he would prefer to use El Algarrobico and to complete the revision of the license could take him up to five years.
The new judicial warning forces Hernández to move card in the coming weeks. However, the precedent does not invite to think that everything will go fast: the Consistory is also obliged to classify the land as non -urbanizable in its PGOU, with a firm sentence since 2018 that has not yet been fulfilled. And this, although the TSJA has also warned the mayor with fines, who have never materialized.
In seven years, plenary reclassification has gone through all kinds of vicissitudes: Palmaria resistance of the Consistory, insufficient execution, plenary agreements that breached the failure, errors in the literalness of the modification or appeals to the lack of personnel to do so.
Hence, environmentalists believe that trusting the City Council reviews a dead end and shows the “cynicism” of the discourse of the Junta de Andalucía, which while proclaiming that the review is the fastest route, discharges all the responsibility of materializing it in which the least interest and capacity has shown to accelerate it.
#judges #give #mayor #Carboneras #month #review #license #Algarrobico #denounce #prosecution
