The weighing of interests by citizens in the midst of a crisis
Posted: Mon Jan 27, 2025 6:52 am
Hotel El AlgarrobicoThe Director of the Official University Master's Degree in Corporate Responsibility at Bureau Veritas Centro Universitario , Mº del Mar Muñoz, writes in this post about the Hotel El Algarrobico.
We recently heard that some residents of Carboneras were rewriting the graffiti that Greenpeace had put up on the Hotel El Algarrobico , in the Cabo de Gata Natural Park (Almería).
The long history and the twists and turns of the construction of this hotel should make us think about what is being demanded of the people of Carboneras. Moreover, this more than long passage of time for the resolution of the conflict has a lot to do with the current state of the matter.
In order to try to understand how this situation has come about, I will try to systematize the main legal and judicial milestones that have affected this building, classifying them according to the different twitter data plans that have occurred in it - the result of the distribution of powers in arts. 148 and 149 of the CE 1978-:
1. Urban planning and management. Between 1987 and 1997, the final approval of the Subsidiary Standards (NNSS) of the Municipal District of Carboneras took place, with the identification and demarcation of the Sector; the final approval (by the Provincial Urban Planning Commission of Almería) of the Partial Plan of the Sector and initial approval of the Urbanization Project of the Sector (by the Plenary Session of the Carboneras City Council) and the final approval of the Project of Bases and Statutes of the Sector (by the aforementioned Provincial Commission ) and constitution of its Compensation Board .
In 1998, the final approval of the NNSS Review took place , with the corresponding positive report by the General Directorate of Coasts in relation to compliance with the Coastal Legislation .
2. Planning of natural spaces (and public assets), which legally bind those of an urban nature: the Coastal Law was approved on July 28, 1988, although it was not until November 2005 when the final approval was produced by the Ministry of the Environment of the file for the demarcation of the Maritime-Terrestrial Public Domain, (initiated in 1992) by the General Directorate of Coasts with an easement of 20 meters, which was finally extended to 100 meters.
In 1994, the Cabo de Gata Natural Park was extended to the land on which the hotel is located , and its corresponding Natural Resources Management Plan (PORN) was approved .
3. Construction of the Hotel: In 1999, the companies Parque Club El Algarrobico (in which the Junta de Andalucía has a stake ) and Río Alías sold the land to the company promoting the Hotel, Azata del Sol, SL. Between 2000 and 2003, the Sector Compensation Project was definitively approved by the Carboneras City Council and the Activity License was granted .
4. Judicial Actions (here are some examples): Since Greenpeace filed a lawsuit in 2006, the same Court that ordered the precautionary suspension of the works (in 2006) ruled that the Urban Planning for the Sector had been approved incorrectly and declared the works license void (in 2008). In 2011, it rejected the provisional execution of the judgment that declared the license to be illegal by law.
Furthermore , in that same year 2011, the SC confirmed two rulings by the Andalusian TSJ in which the modification that the Junta had tried to make in 2008 of the PORN of Cabo de Gata was declared null and void, a modification that it classified as a "degraded area" and in which new buildings and the rehabilitation of existing ones, the Algarrobico area, are compatible .
We recently heard that some residents of Carboneras were rewriting the graffiti that Greenpeace had put up on the Hotel El Algarrobico , in the Cabo de Gata Natural Park (Almería).
The long history and the twists and turns of the construction of this hotel should make us think about what is being demanded of the people of Carboneras. Moreover, this more than long passage of time for the resolution of the conflict has a lot to do with the current state of the matter.
In order to try to understand how this situation has come about, I will try to systematize the main legal and judicial milestones that have affected this building, classifying them according to the different twitter data plans that have occurred in it - the result of the distribution of powers in arts. 148 and 149 of the CE 1978-:
1. Urban planning and management. Between 1987 and 1997, the final approval of the Subsidiary Standards (NNSS) of the Municipal District of Carboneras took place, with the identification and demarcation of the Sector; the final approval (by the Provincial Urban Planning Commission of Almería) of the Partial Plan of the Sector and initial approval of the Urbanization Project of the Sector (by the Plenary Session of the Carboneras City Council) and the final approval of the Project of Bases and Statutes of the Sector (by the aforementioned Provincial Commission ) and constitution of its Compensation Board .
In 1998, the final approval of the NNSS Review took place , with the corresponding positive report by the General Directorate of Coasts in relation to compliance with the Coastal Legislation .
2. Planning of natural spaces (and public assets), which legally bind those of an urban nature: the Coastal Law was approved on July 28, 1988, although it was not until November 2005 when the final approval was produced by the Ministry of the Environment of the file for the demarcation of the Maritime-Terrestrial Public Domain, (initiated in 1992) by the General Directorate of Coasts with an easement of 20 meters, which was finally extended to 100 meters.
In 1994, the Cabo de Gata Natural Park was extended to the land on which the hotel is located , and its corresponding Natural Resources Management Plan (PORN) was approved .
3. Construction of the Hotel: In 1999, the companies Parque Club El Algarrobico (in which the Junta de Andalucía has a stake ) and Río Alías sold the land to the company promoting the Hotel, Azata del Sol, SL. Between 2000 and 2003, the Sector Compensation Project was definitively approved by the Carboneras City Council and the Activity License was granted .
4. Judicial Actions (here are some examples): Since Greenpeace filed a lawsuit in 2006, the same Court that ordered the precautionary suspension of the works (in 2006) ruled that the Urban Planning for the Sector had been approved incorrectly and declared the works license void (in 2008). In 2011, it rejected the provisional execution of the judgment that declared the license to be illegal by law.
Furthermore , in that same year 2011, the SC confirmed two rulings by the Andalusian TSJ in which the modification that the Junta had tried to make in 2008 of the PORN of Cabo de Gata was declared null and void, a modification that it classified as a "degraded area" and in which new buildings and the rehabilitation of existing ones, the Algarrobico area, are compatible .