Demolition looms for famous beachside restaurant in Malaga

The iconic Antonio Martín restaurant close to La Malagueta beach in Malaga city is still facing demolition, despite efforts to ensure its survival.

The saga dates back to 2021 when Spain's Directorate-General for Coasts authority (Costas) issued an order for the eviction and demolition of the restaurant, after a ruling of the High Court of Justice of Andalucía confirmed the termination of the concession.

Being so close to the promenade, the building occupies land on the strip known as public maritime domain, which comes under the jurisdiction of the national government, hence the involvement of Costas, although it is the regional authority that has to process applications and concessions.

The demolition has still not taken place, and in recent years, the Junta has tried to convince the central government to change its position in the case. However, the department of the ministry for ecological transition confirmed to SUR no exceptions would be made.

This was stated in a reply to this newspaper after a one-year period that the Junta gave to the business owners who operate the restaurant to remain provisionally while their situation was in legal limbo.

According to Costas, the last move in the case came when the Junta de Andalucía’s regional ministry of sustainability and the environment consulted Costas about the request from the company that runs the restaurant, Exceho, for a concession to continue operating the business.

Exceho requested to be able to run an establishment "using a total surface area of public maritime domain of 1,657 square metres", Costas said. In other words, they proposed to continue operating Antonio Martín but without reducing its surface area, which covers 1,524 square metres. This surface area does not comply with current legislation. The coastal regulation states that a hotel and catering business on urban beaches cannot exceed 300 square metres in total.

Furthermore Costas said their proposal would not be possible as the concession for the restaurant had expired and there is already an order in place for its demolition.

"If it is considered that a new establishment is necessary to provide a public service to the beach and its users, it would involve the adaptation or construction of new ones, being contrary to the regulations in force an application for a concession whose surface area quintuples the maximum areas permitted by the legislation in force," the central government said.

Despite support from city hall that the restaurant is an "important landmark" in the La Malagueta area and it was therefore in "public interest" to keep it open, Costas said: "No justification has been given for this excess of surface area".

Madrid has criticised the Junta de Andalucía for starting to process Exceho's application to continue to run the restaurant, despite the business plan going against the regulations in force.

Costas said it is not possible to make exceptions for the restaurant on grounds it is protected under historical or cultural heritage, as is the case in the Parque Balneario Nuestra Señora del Carmen (known as Baños del Carmen), which is now protected after it was declared an asset of cultural interest (BIC).

"Whatever the case may be, the Junta's ministry of sustainability has not given reasons for the exception to the general rule of maximum surface areas (270 square metres of hospitality area plus 30 square metres of toilets)," Costas said. "The surface area requested is five times the maximum allowed by the legislation," it added.

The ball is back in the court of the Andalusian government, which will have to decide how to act now after Costas made it clear the Antonio Martín restaurant cannot continue operating in its current conditions: without a valid concession and with a surface area that is five times larger than what is permitted. There is a possibility that there could be a restaurant at this point on the beach of La Malagueta but, for that, the current one must be closed, with at least 80% of the premises demolished, since only 20% of the current one could be used, if it is to be reused for a new concession by public tender. All of this now depends on the steps taken by the Junta.

This newspaper has unsuccessfully tried to find out from the Andalusian government delegation in Malaga what these steps will be. According to the regional administration, they have not yet received a new report from Costas in order to then be able to state their position. Exceho has also not commented on the future of the restaurant.