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Benidorm denies the opening license to the restaurant of the island after 60 years

Written by on February 13, 2019

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Article Written & Published in Spanish By: Diario Informacion
Translated by Google from Spanish to English

Benidorm denies the opening license to the restaurant of the island after 60 years

The Consistory definitively dismisses the appeal filed by the company that exploits this bar irregularly and opens the door to their eviction

Image of the island of Benidorm, where you can see the restaurant without a license in the foreground. DAVID REVENGA

Benidorm City Council has dismissed the appeal filed by the management of the restaurant l’Illa, located on the island of Benidorm , against the denial of an opening license issued by the Department of Urban Development.

According to the decree, dated this same Monday to which Europa Press has had access, the refusal is based on the fact that the establishment is located on the maritime-terrestrial public domain and does not have the “enabling title for the use of the installation. ” This dismissal opens the door to the eviction of this space, located in the natural park of the Serra Gelada .

The document emphasizes that the entire island is registered in the registry in favor of the State since December 24, 1963 and included in the public domain with the approval of the demarcation of the maritime terrestrial zone of the islet by Ministerial Order of 8 April 1968, “not counting on the qualifying title for the use of the facility”.

The management of the restaurant filed an appeal against the decision of Urbanism to refuse , on September 12, the request for an opening license that had been filed a month earlier.

For this first denial, the City Council relied on the report prepared by the Provincial Coastal Service in October 2017, according to which the site is located in a building built by the City Council in the middle of the last century “without authorization from the Administration of the State “and that is exploited” by an individual during a period of about 60 years under the concept of municipal lease or similar (at least until the year 2013), and without in this period the existence of the mandatory municipal license of opening of this activity. ”

Therefore, the town hall refused last October to grant the license because it lacked the “qualifying title” of the ministry.

Now, also, remember that administrative silence has “rejection effects” when transferred “powers related to the public domain or public service” involving “activities that may harm the environment and procedures of liability of Public Administrations” .

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