Punta Court Decision

LHR Punta Aparthotel ProjectThe Almuñécar Town Hall has dodged another bullet in the form of a two-million-euro fine over a building project on the Punta de la Mona.

Thirteen years ago the Town Hall ordered a halt to a building project for an Aparthotel on Punta de la Mona; Los Berengueles. Consequently, the development company sued the Town Hall, but a judge has just thrown the case out.

This project can still be seen in its structural form behind Hotel Best Alcazar, just below the road (See photo). The Gazette back in 2004 did an article on it. We can’t link to it because this was before we had our online version.

The construction company, Ceingra (Centro de Inversión Granada S.L.) obtained a building licence to build a 32-apartment project, but the very next year work ground to a halt, because the Town Hall had concluded that what was ‘going up’ was not what the project contained. That was the 17th of February 2004.

Well, as is always the case where the legal system is concerned, there commenced drawn-out legal wrangling.

On the 9th of June 2014, the Regional Supreme Court overturned the Town Hall’s freeze on the building project. Consequently, the company presented a claim for damages before the provision law court.

The sum demanded was to cover the repairs to the deteriorated structure and its eventual completion or, if repairs were no longer viable, its complete demolition.

What tipped the court in favour of the town hall was that there was a provincial level court decision in 2007 that sided with the company against the work-stoppage order, yet the company did not restart the construction work. It was the beginning of the crisis and probably the company did not have the funds anymore for the construction project.

Furthermore, in the meantime, the Junta had urged the Town Hall to check the original building licence because it might not have been completely legal; i.e., aspects of the licence might not conform with urban-development requirements. Consequently, the Town Hall is presently revising the said licence.

The company had been attempting to sue the Town Hall for one million in compensation for future loss of income and another million for increased costs. The judge considered that as it was the company that failed to go ahead with the project in 2007, there was no justification for future loss of income.

Editorial comment: If you take a look up there you will notice two things: that the complex was going to be built in a natural water course (barranco) and secondly, such an urban structure was completely out of suit with its surroundings; i.e., a luxury residential area. Bear in mind that the Hotel Best Alcazar still hadn’t built its extensions back then.

(News: Herradura, Costa Tropical, Granada, Andalucia)

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