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MADRID, 13 Dic. (EUROPA PRESS) -
The Supreme Court has endorsed the ruling of the Superior Court of Justice (TSJ) of Andalusia to review the building permit for the Azata del Sol hotel in the area of El Algarrobico, in Carboneras (Almería), by dismissing the Greenpeace appeal.
The High Court has informed this Friday of the decision of the Fifth Section of the Contentious-Administrative Chamber. As specified, the full text of the Supreme Court ruling, which confirms that of the Andalusian Supreme Court, will be known in the coming days.
The Andalusian court considered in its judgment of July 2021 that it was appropriate for the Carboneras City Council to initiate the ex officio review procedure of the municipal license granted in 2003 and refused to annul it, as well as order the demolition because, as it remarked, "while the contrary is not established" once this procedure was concluded, the hotel "continued to have a valid legal title".
By admitting the appeal, the Supreme Court concluded that there was interest in appealing for the formation of jurisprudence and raised whether it was necessary for the City Council to initiate an ex officio review procedure that it had previously rejected due to administrative silence, or if, on the contrary, by "procedural economy", this step should be dispensed with and the court itself declare null and void.
He indicated that the decision would be adopted "taking into account" that the construction of the hotel was carried out on undeveloped land and special protection in the Cabo de Gata-Nijar natural park, invading the easement area of the maritime-terrestrial public domain with violation of the Coastal Law and based on an urban planning that has been declared null.
It also agreed in an order that, in the vote and ruling, it will establish whether this nullity can be declared with all the "inherent consequences" of said declaration, including the immediate demolition of what was built.
