The seven irregularities denounced by the former concessionaires of the beach bars in the contest under contest under suspicion in Formentera have already been analyzed and documented by the technicians of the Conselleria del Mar and the Water Cycle.
This follows from the legal and technical reports prepared by the technicians of the Ministry of the Sea and Water Cycle of the Government, from the presentation of the former concessionaires in which they requested the nullity of the concessionary titles granted to the Consell Insular de Formentera.
In general terms, the Government was asked to “declare the termination of the concession for the eight kiosks, terrace and authorized bathrooms” due to a series of irregularities, most of them unveiled by La Voz de IbizaThe irregularities included: from non-detachable structures installed in flood zones, the absence of staking out to the failure to remove them for a month as established by both the General Coastal Regulationsthe concession title and the bidding specifications.
For this reason, they proposed that the evidence be admitted, that “the corresponding inspections be ordered” and that “the expiration of the concession title” be agreed.
After the inspections and the reports of the technicians of the Conselleria del Mar, both the Consell and the licensees were given time to present their allegations. For the time being, there are no resolution proposals, although these infractions contemplate the withholding of the the termination of the concession.
No information
The Conselleria del Mar has responded to La Voz de Ibiza that, as it is an open procedure, “at the moment we cannot provide information or documentation”.
The 7 irregularities
1. Failure to disassemble
The first point analyzed by the former concessionaires is the “flagrant breach of the concession title by not dismantling all the elements of the concession and not dismantling the kiosks within the term required by the concession”.
As advanced by La Voz de Ibiza, the condition of dismantling was included in the administrative and technical administrative and technical specifications and in the concession title based on the provisions of the General Coastal General Coastal Regulations.
Based on the allegations presented by the Consell Insular de Formentera in March 2023, it had been established that “the annual obligation to dismantle is reduced to a period of one month between January 15 and February 15 of each year”.
It had also been reported that the concessionaires failed to comply with the obligation to install dismountable structures, as established in the Coastal Regulations. Article 68 states that “these facilities shall be seasonal and dismountable in all their elements“.
Among the evidence, the complainants have presented a series of images, statements by spokesman Juanjo Costas in Ràdio Illa and conclude that “the facilities are not removable because they take 45 days to be assembled and the same to be disassembled”.
“These are wooden constructions, mostly built plank by plank. That is why it has taken 45 days to assemble practically all the kiosks. There are even two kiosks that have more than one floor,” they said.
In any case, they clarified that “the only kiosk that would meet the requirement of being modular and removable in all its elements is the kiosk La Gitana, located in Migjorn beach, where La Franja was located”.
2. Lack of prior recognition report
Secondly, they state that “the preliminary survey report of the works has not been drawn up, which implies a breach of the concession title and a cause for the expiration of the concession”.
As advanced by La Voz de Ibiza, the beach bars have operated throughout the season without having the required record of staking out, a technical document that certifies the correct location and construction of infrastructure in the Maritime-Terrestrial Public Domain (DPMT), which consists of an initial record at the beginning of the assembly and a final one, as an evaluation of the facilities.
For this reason, the former concessionaires warn of the risks of these constructions since “there is no record of the competent professional for the direction of works; spaces outside the authorized DPMT (Maritime Terrestrial Public Domain) have been occupied; what has been executed does not conform to the project on the basis of which the concession was granted”.
3. Installed in flood zones
In addition to this irregularity, the beach kiosks “bear a certain risk of being reached by the sea” since some of them are located in a flood zone.
Law 22/1988, of July 28, 1988, on Coasts, in its article 27, establishes the transit easement that “shall apply to a strip of 6 meters, measured inland from the inner limit of the sea shore”.
In this sense, it determines that “this zone must be left permanently open for public pedestrian traffic and for surveillance and rescue vehicles, except in specially protected areas”.
This is also included in Article 74 of the Coastal Regulations in Article 74, which establishes the general rules for the occupation of beaches: “A strip of at least six meters shall be left permanently free from the shore at high tide“.
In the letter presented to the Conselleria it is detailed that “the kiosk located in Es Pujols (identified as lot nº19 in the assignment contract and currently called Briss), the one located in Cala Saona (Lot nº3, called BocaBoca) and the kiosk located in Es Copinyar (Lot nº 27, called Bartolo), do not comply with the necessary minimum distance of six meters from the shore at high tide and are being reached by the sea”.
“They are all located in extremely sensitive environments,” they add.
In addition, they have referred to statements made by Juanjo Costa who acknowledged that “the planimetry on which the stakeout records are based was prepared by them.the planimetry on which the stakeout minutes are based was elaborated by themselves.“.
4. Invasion of the public domain not granted
Here reference is made to the “installation of a sewage pipe of approximately 270 linear meters under the walkway to serve the kiosk located on Mitjorn beach, currently called Amar”, as reported at the time by La Voz de Ibiza.
Likewise, the concessionaires harmed by the contest under suspicion detail that “sand movements, dune breakage, alteration of the installed walkways and the existence of several spills in the sand” are observed.
This issue was already denounced before this Conselleria during the execution of the works and “no response has been received and the installation is still there”.
6. Wastewater discharges
In the document, the kiosks named Briss, Amar and Bartolo are also denounced for “unauthorized dumping” and photographs are attached as evidence.
It also states that “in any case, unauthorized discharge of wastewater is a serious infraction”.
6. Substantial modification of the concession title
The former concessionaires have argued that the location of the two kiosks at Els Arenals, which are positioned on natural stretches of beach, “would not comply with the minimum distance of 300 meters required by Article 68 of the Regulations(with respect to the current concession of another bar)”.
However, with the alternative location for them proposed by the Consell in March 2023, this minimum distance is respected.
A topographical study contracted by the affected companies has revealed that at least two beach bars have been located in unauthorized areas. have been located in unauthorized points and, therefore, outside the space reflected in the concession title, as has advanced La Voz de Ibiza.
These are located in places that are impossible to be authorized, since they do not comply with the minimum distance of 300 meters between authorized food and beverage outlets, in violation of one of the articles of the Coastal Regulation.
“The kiosk has not been located in the place where it obtained authorization and we are aware of the report issued by the AGE regarding the irregularities detected after the complaint filed with the Coastal Demarcation”, by means of a letter dated July 11 d 2024.
“In the same we denounce the occupation of maritime-terrestrial public domain without title in two locations of Arenals Beach, those corresponding to lot 38 (former kiosk Pirata Bus) and lot 35 (former kiosk La Franja) of the contract of assignment of rights of occupation of the DPMT in the TM of Formentera”, they noted.
7. Lack of public exposure of the concession project
According to the former concessionaires of the beach kiosks in the letter submitted to the Consellería del Mar y Ciclo del Agua, “there is no record of the public exposure of the project in accordance with the rules of Costas“.
In this sense, they detail that, “although the concession indicates that the request was submitted to the regulatory public and official information in 2022, we have no record of the published announcement“.
Therefore, they consider that the procedure for granting the concession is vitiated by nullity “since the public information procedure allows for the presentation of allegations during the period granted and has been ignored”.
“This has caused defenselessness and has prevented allegations against planned locations, distances, affected services, mobility, property rights, rights of neighbors, etc.,” they have exposed.
Continue reading:
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Another serious offense of the beach bars under suspicion in Formentera: they set up a store of caps and hats.
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The dark future facing Formentera’s beach bars: the Govern stifles insubordination
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The seven serious irregularities for which they ask for the nullity of the concessions of the beach bars of Formentera
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Cordoba says that the complicity of Sa Unió in the insubordination of the beach bars will have economic consequences for the Consell de Formentera.
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Chiringuitos agree with Córdoba: economic studies of the bids were out of date
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The ‘dismantling’ of a lie: a prestigious professor warned of the obligation to remove the beach bars included in the bidding documents
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Countdown for Formentera’s beach bars: refusal to dismantle is grounds for immediate termination of the concession
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Insubordination in Formentera: Verónica Castelló ignored an allegation against the dismantling of the beach bars that she now wants to avoid.
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Asier Fernández denies Sa Unió and the chiringuitos: “We asked the Govern in October and the answer was ‘we have to dismantle'”.
