CONTEST UNDER SUSPICION

Countdown for Formentera’s beach bars: refusal to dismantle is grounds for immediate termination of the concession

The Consell de Formentera has no way out: the concessionary title of Costas establishes the "expiration of the concession regardless of the processing of the corresponding sanctioning proceedings" if the concessionaires do not dismantle the installation for a minimum of one month.

The insubordination of the chiringuitos of Formentera will be very expensive for their owners. The consequence they face is the immediate termination of the concession regardless of the penalty imposed on them, without the right to any compensation and assuming the costs of dismantling and restitution of the land.

The concession title of the Ministry for Ecological Transition and Demographic Challenge granted through the Directorate General of the Coast and Sea to the Consell Insular de Formentera admits no doubts regarding the insubordination to the obligation to dismantle the beach kiosks for a month of the current concessionaires: the concession has to be rescinded. This follows from the authorization to the Consell de Formentera to concession some 907 square meters of maritime-terrestrial public domain for the installation of beach services on several beaches of Formentera. In the prescriptions of the document signed on April 26, 2023 by Ana María Oñoro Valenciano, general director of the Coast and the Sea, the Ministry determines the expiration of the concession “regardless of the processing of the corresponding disciplinary proceedings” for a series of breaches, among which is the obligation to dismantle.

non-compliance
Section G determines the expiration of concessions in the event of non-compliance, such as dismantling.

Legal sources consulted by La Voz de Ibiza disagree on which administration should take the initiative, if the Consell or the Conselleria del Mar after the partial transfer of competence. What there is no doubt about is that the concession must be reversed immediately and regardless of the economic sanctions that may apply. There is also no doubt that the termination should be imminent due to the flagrant breach of the concessionaires in collaboration with the Consell de Formentera. Thus, unless there is a major surprise and unexpected twist, the end of the mega-contest under suspicion of Formentera is the cancellation of the contract between the Consell de Formentera and the eight winners of the lots of the beach bars, seven of which would not have won if the bases were not modified with the envelopes opened by the Contracting Committee.

Contenido relacionado  Hoteles Paya joins Ángel Bustos in the hotel's "pelotazo" favored by urban development changes in Formentera

What the concession title says

As La Voz de Ibiza has been reporting, the concession title is clear regarding the obligation of the beach bars to dismantle. And the consequences of not doing so. In this regard, it evokes Article 68 of the General Regulation of Coasts, for natural stretches of beaches. “These facilities will be seasonal and removable in all its elements,” he details. From this, it states “the dimensions, distances, and temporality of food and beverage establishments on natural beaches. It is about, with the minimum occupancy (which is also limited by requiring significant distances to other establishments also vending food and beverages), and with removable facilities, provide services in high season to beach users”. In addition, here the “municipal allegation presented in March 2023, and admit that the annual obligation to dismantle is reduced to a period of one month between January 15 and February 15 of each year“.

non-compliance2
The concession title clearly states the obligation to dismantle.

To leave no room for doubt, the title further specifies that this “refers to the requirement not only that they be removable, but also that they be removed every season. Therefore, kiosks on natural stretches cannot be permanent, and the condition of obligation to be erected for one month between January 15 and February 15 of each year must be explicitly established.”

Expiry, the only possible way out

In point B, which lists the requirements, it is determined that “the kiosks must be dismantled each year at least during the period from January 15 to February 15”.

Contenido relacionado  Over a hundred migrants arrive in the last 24 hours
non-compliance1
Among the requirements established is the obligation to dismantle between January 15 and February 15.

In this sense, it is made clear that “failure to comply with any of the above requirements (including point B referring to dismantling) or the cases indicated in Article 79 of Law 22/1988 of July 28, 1988(point E establishes the failure to comply with the conditions that have been established as a result of the prior assessment of its effects on the maritime-terrestrial public domain) will result in the expiration of the concession regardless of the processing of the corresponding disciplinary proceedings“. This declaration of lapsing will entail the “loss of the deposit or deposits constituted, in the event that they have not yet been returned, and may entail, at the discretion of the Ministry for Ecological Transition and the Demographic Challenge, the demolition and removal of the works and installations, partially or totally, at the concessionaire’s expense, including the replacement of the land to its previous state, within the term indicated and without the right to any compensation“.

Continue reading:

Automatic Translation Notice: This text has been automatically translated from Spanish. It may contain inaccuracies or misinterpretations. We appreciate your understanding and invite you to consult the original version for greater accuracy.

Scroll to Top
logo bandas