the supreme court has rejected the appeal filed by Greenpeace to obtain the annulment of the license of the hotel located on the beach of El Algarrobico, in Carboneras (Almería), which would mean its demolition.
The Fifth Section of the Contentious-Administrative Chamber of the Supreme Court will announce the sentence in the near future, although the ruling has already been advanced this Tuesday. With this ruling, the court expects set jurisprudence If, in cases like this, the invalidity of a license can be declared judicially before the “dismissal due to administrative silence” of a city council regarding an ex officio review.
The environmental platform filed an appeal against the rejection of the Carboneras City Council’s request that it appear in the general urban planning plan as undevelopable landwhich would cancel the building permit and initiate a demolition file.
The Superior Court of Justice of Andalusia partially upheld the appealin order for the Consistory to review ex officio the building permit, but not in relation to the demolition and demolition file of the property.
The decision of the TSJA was appealed both by the City Council, whose appeal was rejected by the Supreme Court, and by Greenpeace, which questions the need to once again have to submit to “municipal consideration” the ex officio review of the license.
For its part, the Carboneras City Council maintains that it is “inadmissible” to dispense with the cancellation of the hotel’s building permit and “directly” order the demolition of said property. Meanwhile, the Junta de Andalucía has once again included in its budget for 2023 an item of 1.1 million euros allocated to the demolition of the hotel.
