L'Algarrobico gagne une autre vie supplémentaire: Carboneras repousse sans date le vote pour débloquer sa démolition

The controversial hotel project known as El Algarrobico has once again been granted an extension in its legal battle over its future. The town council of Carboneras has postponed without setting a new date the vote needed to revoke the construction license for the building, which was issued 23 years ago. This decision comes after the Council’s Plenum faced intense scrutiny regarding the potential implications of revoking the license, citing the "extraordinary complexity in terms of legal, urban planning, heritage, and economic aspects" of the case. Such complexities could lead to financial liability for the municipality.

The mayor, Salvador Hernández from Ciudadanos, did not oppose the postponement but expressed disappointment, stating that he had anticipated the cancellation of the license based on the advisory opinion from the Andalusian Advisory Council. According to municipal sources, there is currently no set date for the next session, pending three additional reports assessing the impact of canceling the license on the town. These findings will then be submitted to the Andalusian High Court of Justice (TSJA), which oversees the implementation of the court's ruling.

This decision follows a significant development earlier this year when the Andalusian Advisory Council ruled that the license is null and void because the structure is located within the maritime-terrestrial public domain and inside the protected area of the Cabo de Gata Natural Park. This marked the last administrative step required by the court order from the Andalusian Supreme Court in 2021, which declared the license invalid since 2022. The Council, responsible for initially granting the license, was expected to finalize the process, but instead opted to delay the vote.

The motion to postpone was proposed by former mayor Felipe Cayuela from the Popular Party (PP) and supported by five members of the Spanish Socialist Workers' Party (PSOE) led by former mayor José Luis Amérigo, along with another independent council member who previously belonged to the PP, Ángeles Carrillo. The motion passed with seven votes in favor and five against, including the mayor and four other PP members.

In response to the latest delay, Greenpeace has requested the TSJA to take testimony and refer the matter to the Public Prosecutor's Office for investigation into the repeated non-compliance with the court ruling. They have also reiterated their long-standing request that judges directly execute the demolition, given the consistent obstacles encountered by the town hall, whether intentional or not.

Additionally, the environmental organization Salvemos Mojácar, which successfully halted the construction in 2006, announced plans to file a complaint for misconduct against those who voted in favor or abstained from voting to delay the meeting. They have also called on the PSOE to expel its council members in the town.

Environmental groups have long criticized the town hall, its mayors, and council members for delaying actions, even going so far as to seek protection from the European Court of Human Rights. Both the Andalusian government and courts have warned successive mayors about fines for delays in executing the court order and classifying the site as non-buildable, which became effective in 2021 and was considered fulfilled last year.

The PSOE of Andalusia has taken decisive action following the recent developments, forcing the temporary suspension of membership for its five council members in Carboneras through its provincial leadership in Almería. This measure was taken after these members aligned with two independent council members to delay the municipal session that would have been crucial in the demolition of the hotel project. Sources from the PSOE indicated that the council members maintained a position contrary to the party's agreement, opting to delay the session without a defined date, although it is assumed to occur next Monday.

This suspension affects all members of the socialist group in the city council and will be executed this Thursday by the federal organs of the party. The PSOE reaffirmed its firm commitment to enforcing the court ruling from the Andalusian High Court of Justice (TSJA), which declares the construction permit of El Algarrobico null and void. In this regard, they emphasized that the demolition of such a large-scale threat to the environment transcends local political decisions and is a priority for both the regional and national PSOE.

Furthermore, the PSOE urged all political groups in the Carboneras City Council, including its current members, to support the necessary agreement during the next session to comply with and implement the court ruling. They also endorsed the call for consensus made by the Ministry for Ecological Transition and Demographic Challenge, which similarly asked all council members to take the necessary steps to validate the court ruling.

The Ministry has stated that if the council does not proceed with the annulment of the construction permit, it will request the State Attorney General to annul the permit as a subsidiary measure. A similar request was made by the Andalusian Government, which dismissed this option a year ago.

Greenpeace has taken further steps in its legal battle against the El Algarrobico hotel, requesting the TSJA to hold individuals accountable for the repeated failure to comply with the court order requiring the review and annulment of the construction permit. This request came after the Carboneras City Council decided to delay the vote scheduled for Wednesday, which was intended to declare the annulment of the municipal permit granted to the promoter Azata del Sol in 2003.

The justification provided by the council for the delay was the "extraordinary complexity in terms of legal, urban planning, heritage, and economic aspects" of the case, as well as the supposed need to obtain new legal reports to assess the possible financial liabilities the municipality might face.

Before this delay, the representation of Greenpeace demanded that, according to Article 112 of the Law on Administrative Litigation, the court should request testimony from private parties to investigate criminal responsibility before the Public Prosecutor's Office. Additionally, the environmental organization requested that, under Article 108.1.a of the same legislation, the court itself assume and execute the nullity procedure directly due to the inaction of the city council.

This delay represents yet another obstacle in a historic process that seemed poised to reach its conclusion. On May 22, the Andalusian Advisory Council had determined that the construction permit is "null in full right" for violating the hundred-meter servitude of the maritime-terrestrial public domain and being located on the protected non-buildable land of the Cabo de Gata-Níjar Natural Park.

It is worth noting that the official annulment of this permit by the city council is a prerequisite for the Andalusian Government to convene a mixed commission with the state. This commission aims to carry out the demolition of the 20-story building and proceed with the comprehensive recovery of the natural area.

In parallel, the central government, which recently joined the process to annul the permit, is engaged in a dispute through the route of expropriation, offering 16,500 euros to the promoter for the land, a figure that contrasts sharply with the 44.5 million euros that Azata del Sol demands, considering the value of the already constructed part.