Date Published: 23/02/2021
ARCHIVED - Supreme Court ruling could hasten demolition of El Algarrabico hotel in Almeria 15 years after construction halted
ARCHIVED ARTICLE
Five years have passed since the courts ordered the demolition of the El Algarrabico hotel in Cabo de Gata
It is now almost exactly five years since Spain’s Supreme Court ruled that a controversial hotel in El Algarrobico, in the province of Almería, was built on non-buildable and protected land in Cabo de Gata and was therefore to be demolished (and 15 years since construction work was halted), but the structure still stands and only now does it appear that progress may be being made towards it finally being removed.
Initially progress was rapid towards reaching an agreement to finance the demolition between the regional government of Andalucía and the national government in Madrid, the two administrations sharing estimated costs of 7.1 million euros equally. But environmentalists are still awaiting the arrival of the machinery needed to carry out the process of dismantling the 21-floor, 411-room structure which is stepped up the cliff-side just 50 metres from the shore of the Mediterranean.
Much of the delay since 2016 has been due to the promoters of the hotel claiming 70 million euros in compensation from the Town Hall of Carboneras, the regional government and the State, basing their claim on the fact that when a building licence was granted as long ago as 2003 it was given in error. However, last week the national courts finally ruled against the compensation claim and there are now hopes that the view of the otherwise unspoilt stretch of the Almería coastline where the hotel was built could be restored to its natural state.
But no-one should jump the gun and assume that the demolition is imminent. The ruling issued last week can be appealed against, although it is an indication that the arguments presented by the promoters are unlikely to stand up to judicial scrutiny: the plaintiff was even ordered to pay court costs after learning of the decision.
In addition, a further ruling is still required from the regional courts of Andalucía concerning whether the Town Hall of Carboneras is obliged to issue a demolition order, and although to outsiders the matter may seem clear the need for the local council to ensure that it does not incur excessive expenses makes it a complex one.
Given the lack of speed with which the legal system in Spain can operate – only now is the trial beginning of the Greenpeace activists who daubed the words “Hotel Ilegal” on the building back in 2014 - some suggest, tongue in cheek, that in the end the Hotel El Algarrobico may be demolished by the corrosive effects of the salty sea air before the wrecking balls move in!