Andalusian high court threatens to bypass Carboneras council to annul El Algarrobico hotel permit
The TSJA in Granada warns it may directly execute a 2022 ruling as local authorities fail to scrap the building permit for the controversial Almeria hotel ·
The High Court of Justice of Andalucía (TSJA) has said it has not ruled out directly executing a review of the building permit for the El Algarrobico hotel in Almeria in order to declare it null and void.
This is in view of the lack of progress made by the town council of Carboneras in the execution of the 2022 court ruling, which obliges it to carry out this procedure.
This is stated in an order issued by the administrative chamber of Granada, which proposes the adoption of legal measures that empower the high court to enforce this ruling if the council fails to comply with the court's decision.
In this way, the TSJA is open to resorting to other measures to facilitate the execution of the ruling that requires the municipality to review the building permit granted in 2003 to the developer of the hotel, Azata del Sol.
The court has, for the time being, decided not to impose coercive fines on the mayor of Carboneras, or to refer the matter to the public prosecutor’s office regarding a potential offence of ignoring the enforcement of the aforementioned ruling.
The claim for financial penalties for the mayor was requested by the environmental organisation Greenpeace, which also proposed the adoption of measures to facilitate the intervention of the TSJA to annul the building permit in view of the delay by the council.
