Costa de Almería
Andalucía High Court overturns appeals against construction halt on Algarrobico Hotel
By m.p.
Mar 26, 2008 - 7:06 PM

The Andalucía High Court of Justice, the TSJA, has ratified a ruling from a lower court in February 2006 which halted work on building the controversial Algarrobico Hotel in Carboneras, and has overturned appeals placed by the owners of the hotel, Azata del Sol, and Carboneras Town Hall. The structure was more than 94% complete when construction was stopped.

The court also noted the recent National Court decision which turned down an appeal by Carboneras Town Hall against the coastal protection zone of 100 metres from the shore which was set by a ministerial order in 2005 and which put 60% of the building within the protection zone. The Town Hall had argued a distance of 20 metres should be applied, which is the distance the hotel stands from the shore.

EFE reports that a possible incompatible use of land is mentioned in the ruling for two reasons: that the hotel lies within an area of the Cabo de Gata natural park which is classified as a protected zone, and that it infringes the Coastal Law, the law which is in place to protect Spain’s shorelines.