The Regional Supreme Court (TSJA) has suspended the demolition order on the Almuñécar hotel, Hotel Bahía Tropical in Taramay.
This suspension has been granted to allow time for an evaluation survey to see if there are technical problems to this partial demolition; i.e., if it would cause structural damage to the rest of the hotel.
The demollition order was originally confirmed on the 13th of January after an appeal lodged by the Town Hall was rejected. The Mayor was given two years to carry out the demolition.
However, if it goes ahead, the hotel would only be left with 30 rooms of its existing 248. At present the hotel has a built area of 19,928 sq/m but that would be reduced by 14,122 sq/m.
On the 14th of July, 2001, the hotel opened its doors for the first time. A neighbour, Manuel Hidalgo, had watched the building going up in front of him, eliminating his view. Being an architect himself, he realised that the dimensions of the building far exceeded that which the Almuñécar Urban Development Plan permitted in that area.
He was not impressed, so much so that he decided to sue the hotel. Nobody believed he would have any chance of winning – but they were all wrong. Ten years later the Supreme Court has given their final verdict, against which there can be no appeal. The illegal part of the hotel had to come down.
In the between years, in 2007 the TSJA ordered that the hotel building licence be annulled. Furthermore, the modification to the PGOU that was used to bend the rules was declared null and void, too.
The TSJA said that this procedure, which is normally valid but had been abused, amounting to virtually a new, unofficial PGOU: 18 modificaciones puntuales had permitted an extra 89,590 sq/m to be built, which could hardly be described as ‘fine tweaking’ of the standing PGOU.
(News: Almunecar, Costa Tropical, Granada, Andalucia)