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Andalucía's TSJA high court has annulled an arrangement put in place by Benalmádena council last year to protect the iconic Tivoli amusement park site, which has now been closed to the public for four years.
The agreement, supported by all political parties of town hall at the time, meant Tivoli could only be used exclusively as an amusement park. Until then, the site's use that had been included in the town hall's urban development plan was "commercial" and it was changed so it could only be used as an "amusement park".
The move was to avoid the situation that, after years of closure, the owner of the park, real estate group Tremon, could launch another commercial activity in the area, meaning the end of the popular amusement park.
Tremon appealed to the courts against the council's agreement where the high court, among other reasons, pointed out town hall should have considered a report issued in 2022 by the advisory council of Andalucía, which did not recommend changing the use of the site, pointing out it was not sufficiently justified. The top court ruled this report was binding and that town hall should not have changed the usage of the site.
Thecourt found there was a "lack of specificity" in the justification of the public interest for which, according to town hall, the change in the urban development plan was made. "We do not observe any reference to a directly satisfied public interest.... There is no explanation of the specific need for a parking area of more than 20,000 square metres... nor what social demand it is intended to satisfy..." the ruling pointed out. The high court therefore annulled the agreement, however pointed out that the council can appeal.
This means the land will once again have a commercial use and, therefore, in addition to an amusement park, be open to any other commercial activity.
The iconic Tivoli amusement park has been closed for four years and its maintenance has been carried out altruistically by some of its former workers. The town hall has been negotiating for months with Tremon about the conditions for its reopening, but the results of these talks have not yet been made public. However, mayor Juan Antonio Lara has left the door open for a shopping centre to be built there, as long as it goes hand in hand with the reopening of Tivoli.
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