State & Junta both say Algarrobico hotel is ILLEGAL!

The Algarrobico hotel is ILLEGAL and its building license must be revoked, said the Public Prosecutor in open court session today.

The Supreme Court of Andalucia (TSJA) is holding today a session to decide upon the legality of the building permits upon which the Algarrobico hotel in Carboneras was built.

Last week the TSJA ruled that the land the hotel was built upon was, in fact, natural park and so must revert to the State with immediate effect (paying the established expropriation fee to the land owner, but with no compensation for the building upon it).

The court still had to rule on whether the building license issued in the 80’s by the town of Carboneras was valid when building work started on the hotel.

The State has always refused to get involved before, and the Junta de Andalucia appeared to be backing the town of Carboneras and the hotel builders to the hilt, by putting every legal obstacle they could in the way of the courts.

However, the declaration of the Prosecutor is the first time State and Junta have publicly agreed, and appears to be the final nail in the coffin for the hotel.

The Prosecutor directed the Courts attention towards the previous rulings saying that the Hotel was illegally built, that it was built on Natural Park, and that it breaks the Ley de Costas by being part built on the beach, and has asked the Court to rule in fair sense and good legal judgement, to declare the hotel to be illegal, to condemn the builders to knock it down and to restore the land to its former state.

The Court is expected to decide shortly on a final decision against which no appeal can be made.

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