The National Court has dismissed the appeal from the Charco de la Arena recreational company, which sought to invalidate the coastal demarcation order that negates the extension of the concession granted in 1964 for a duration of 99 years, permitting the occupation of over 800 square metres in Punta del Hidalgo (La Laguna).
The La Laguna City Council also participated in this case, advocating for the recovery of this area and asserting that any potential extraordinary extension of the concession would therefore be rendered ineffective.
The private organisation contended before the National Court that the ruling is null and void, lacking validity and effect, and asserted its entitlement to an exceptional extension of 75 years as stipulated in the Costa Law. However, the court justified its decision based on the state of neglect concerning discharge practices into the sea and the presence of unapproved works, for which the entity submitted a regularisation project that had no effect.
Additionally, it was noted that the entity has occupied a greater area than permitted, occupying 810 square metres for the bar and 3,200 square metres for the pool, as opposed to the 220 and 589 square metres respectively that were authorised. This argument, according to the court, constituted an ongoing litigation that the National Court would not entertain.
Following an inspection conducted in 2019, Costas discovered the construction of a booth intended to house a generator, a purification station, and a well, with its duct found to be in “poor” condition and broken in three places; this led to the annulment of the discharge authorisation.
The organisation is required not only to vacate the premises but also to finance the demolition of the facilities that include the pools, bar, and restaurant, in order to restore the area to its original condition, although there remains the possibility to continue operating under a different arrangement.
In 1992, Costas reported an over occupancy due to unauthorised construction, constituting a “very serious” infringement, leading the organisation to seek the regularisation of the actual ownership of the concession that was signed by an individual prior to their death.
An extraordinary extension of the concession was requested in 2018; however, this request was denied and has been deemed a “voluntary and arbitrary decision, manifestly contrary to the formal and material legality” governing these concessions, whose origins predate the 2013 law.
At the end of 2019, the coastal authorities in Tenerife issued a report favourable to the concession extension, subject to several conditions such as updating the fee, ensuring public access for a fee, eliminating a storage facility, or lowering the walls to allow free access to the coast.
Nonetheless, the state agency does not feel obligated to adhere to this opinion, against which the organisation also protested, noting that while the law acknowledges the possibility of such extensions, it does not consider them to be an absolute right.
The legislation includes as a reason for annulment that the waves have reached the facilities, as has occurred on multiple occasions, including the most recent incident in 2018, within this coastal section that lies between the ravine of Taborno and Punta del Hidalgo.
The National Court affirmed the legitimacy of the La Laguna City Council to appeal in the judicial proceedings, even though the company attempted to obstruct this; it was also established that the entity was qualified to file the appeal and validated that the rights were conferred at the time of the original holder. Nevertheless, the verdict is not final and can be appealed to the Supreme Court.
