RUI Oliva Beach, Corralejo

[Johnrgby]

This is a way overdue resolution and should have been resolved years ago, they were talking about knocking it down when we first came to The Island in 1979!!!!

[TamaraEnLaPlaya]

Noticias:

The renovation works of the Oliva Beach will begin in October.

The workers of the iconic hotel will go to an ERTE while the works last


According to Canarias 7 in its digital edition this October will begin the modernization works of the Oliva Beach hotel located in the Natural Park of Las Dunas de Corralejo.



In addition, the popular header also advances that the 400 workers of the hotel will go to an Employment Regulation File while the aforementioned works last.



The initial request for modernization work dates, specifically, from December 2017. The hotel chain had to present up to four renovations of the initial project that will increase the category of Oliva Beach from three to four stars.



The procedure and even the survival of the hotel has been in question in recent times. On September 25, 2020, the General Technical Secretariat of the Ministry initiated the ex officio review procedure in order to declare its nullity. The concession of 59,768 square meters was granted in 2003, modified in 2007 and extended in 2016 against the report of the State Attorney until 2089.



When everything seemed lost for the 400 families that depend on Oliva Beach, the same Ecological Transition reversed and filed the ex officio review of the concession in October 2021, although the building permit still did not arrive. In fact, it was necessary to wait for the transfer of competences of Costas from the central government to the autonomous communities in January of this year for the situation to finish being fixed.

[Johnrgby]

I have to admit Tamara this bit made me laugh
"The procedure and even the survival of the hotel has been in question in recent times." we first stayed there in 1979 and there was talk then of knocking it down.

[TamaraEnLaPlaya]

Noticias:

New twist with Oliva Beach.

The Ministry of Ecological Transition would be considering initiating the file of expiration of the concession in public domain


According to the Canarias 7, in its digital edition, the Ministry for the Ecological Transition would have initiated the file of expiration of the concession in maritime-terrestrial public domain in the Great Beaches of Corralejo.



In a resolution signed on July 20 by the Secretary of State for the Environment, Hugo Morán, to which Canarias7 has had access. In this sense, the Ministry quantifies in an "increase in surface or volume that would amount to 22% of the total authorized" among which stand out "a tennis court and a store or trade selling clothing to the public", so it has initiated a file of expiration.

[TamaraEnLaPlaya]

Tamara: not sure what this means

Radio Sintonia:

The Government of the Canary Islands will intervene in the procedure around Oliva Beach.

The Ministry of Public Works, Housing and Mobility of the Government of the Canary Islands, through the General Directorate of Coasts and Management of the Canarian Maritime Space, has taken the decision to present itself in the procedure initiated by the Ministry for the Ecological Transition with respect to the concession of the hotel and apartments 'Oliva Beach', located in the municipality of La Oliva.

The Government of the Canary Islands will present a brief in the procedure opened by the Ministry, based on the competences transferred by Royal Decree 713/2022, of August 30, which transfers functions and services from the General State Administration to the Autonomous Community of the Canary Islands in matters of coastal planning and management. According to this rule, the Islands have competence in matters of concessions.

The general director of Coasts of the Ministry, Antonio Acosta, explained that the Executive will ensure compliance with the rights that the Canary Islands have to exercise the powers established in their Statute of Autonomy. In addition, he has emphasized the importance of understanding with the State at the beginning of this legislature, especially in an issue that directly affects the main economic engine of the Islands.

The position of the Executive has the support of the legal services of the Autonomous Community and is based on an opinion by Professor Ángel Menéndez Rexach, author of the Coastal Law, which confirms the competence of the General Directorate of Coasts in terms of concessions in the public domain.

[TamaraEnLaPlaya]

Noticias:

New blow to the works of Oliva Beach.

The TSJC cautiously suspends the authorization of the Government of the Canary Islands to the works of the emblematic hotel in the north of Fuerteventura


The Second Section of the Contentious Administrative Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has provisionally suspended the authorization of the regional government to the works of the hotel and apartments Oliva Beach, both in the maritime-terrestrial public domain, says the COPE chain, in a news of Agencies.



This is dictated by the order of the Second Section of the Chamber of the Contentious Administrative of the TSJC with which it accedes to the request of the lawyer of the State in representation of the Ministry for the Ecological Transition and the Demographic Challenge that requested the adoption, with urgent character, of the precautionary measure of suspension of the impugned act, Although this request was denied by order on July 27, 2023, so the formation of the corresponding separate piece was ordered to issue this resolution.



The representation of the Ministry requests this suspension to understand that there was a "loss" of the legitimate purpose of the appeal because if the resolution is not challenged, the "eventual estimatory sentence that could be issued would be unenforceable or very difficult to execute", since it highlights that the works authorized to affect the current state of the built property, "Transforming them, they could not be restored to their original state or if they were, it would be very difficult or expensive to carry them out."



It also understands that the appealed resolution "is null and void" because the Autonomous Community of the Canary Islands has "unduly" assumed the powers of the General State Administration in relation to the concessions provided for in Law 22/1988 on Coasts, I understand that it infringes the coastal regulations.

[TamaraEnLaPlaya]

Radio Sintonia:

Blas Acosta: "the concessions of the hotels of the Dunes of Corralejo are going to be resolved in the Canary Islands".

The general secretary of the PSC PSOE of Fuerteventura, Blas Acosta has issued a statement in relation to the precautionary suspension, by the TSJC, of the order of the Government of the Canary Islands that on May 26 authorized works in the Hotel and Apartments Oliva Beach.



The Order of the Court of Justice of the Canary Islands states that "the appealed resolution is null and void as the Autonomous Community unduly assumes the powers of the General State Administration in relation to the concessions provided for in the Coastal Law, having gone beyond what is recognized in Royal Decree 713/2022.

Faced with this situation, Acosta has communicated the following: "I will start with a truism: Under the Statute of Autonomy of the Canary Islands, the competences of Costas belong to the Autonomous Community, so we appreciate all the proposals, the sleeplessness and the concerns that they may have in the Ministry of Ecological Transition but in view of the constant interference in some procedures such as those referring to RIU hotels in the Dunes From Corralejo, it is appropriate to remind you once again that the resolutions will be adopted in the Archipelago.

In view of what has happened these days, it is appropriate to file an appeal against this precautionary resolution of the TSJC, and given the stubbornness of the Ministry we must prepare ourselves in the Canary Islands to reach the Constitutional Court if necessary.

No one will be able to say that we have not maintained a line of coherence and forcefulness in Fuerteventura and the Canary Islands, with unanimous agreements of all political forces, and so we have transferred it to the Council of State, and that now the TSJC maintains that it seems "more guaranteeing" the position defended by the Ministry returns us to the initial situation, but with a substantial change. The competitions are already officially and formally of the Canary Islands since last January.

I said it more than 6 years ago when I was vice president and Minister of Tourism of the Cabildo de Fuerteventura, I ratified it 3 years ago being president also claiming the competences of Coasts for the Canary Islands, I underlined it and celebrated last January when this historic milestone was finally achieved, officially and formally, by the hand of a socialist
governmentby the way, and I repeat it again today: there are no valid political acronyms here, it is an issue that directly affects Fuerteventura. It even transcends the legal field.

We are facing a political issue of the first order where the limits of the autonomous competences of the Canary Islands are being questioned and defined in a fundamental matter such as the management of the coastal territory in our islands, and we are not going to accept tutelas.

Of course the legal issue is important but there are many more factors to take into account that are not contemplated in the courts, and I refer to the historical commitment of the Riu chain with the island since the 70s, the significant number of workers who are being harmed and who are neighbors and citizens of Fuerteventura, the economic consequences derived from this uncertainty that has lasted too long, the reputational damage for the company and for the image of our tourist destination. This must also be taken into account.

It seems that there are those who enjoy prolonging this lawsuit between two administrations, the state and the autonomic, which protect the same general interest in defense of the maritime-terrestrial public domain, but at the heart of the matter is which administration has the powers to authorize works. And since last January it is clear that it is the Government of the Canary Islands. There is no doubt.

When these hotels were built the protection of the environment was not even declared, there was no law about it, and it was thanks to these establishments and others that Fuerteventura could begin to develop its tourism industry. We owe them a lot of what we are today, so today what we have to do is make their existence compatible with the protection and revaluation of the natural park, I say it categorically, yes, without ambiguities. I am also totally convinced that it is perfectly compatible and necessary for our island model.

And the dramatic thing about all this is that this situation has been going on for too long, keeping business activity in limbo and workers uncertain and uneasy. It's already good."

[TamaraEnLaPlaya]

Noticias:

Corralejo's hotels are still "pilloried".

Minister Ribera is confident that she will not reach the Constitutional Court with the Canary Islands due to the competences of Costas

The Government of Spain hopes to reach an agreement with the Canary Islands Executive that will prevent their discrepancies over the extent of the competences in terms of costs transferred to the autonomous community last year from ending up in the Constitutional Court, according to Minister Teresa Ribera.



The Third Vice-President and Minister for Ecological Transition met in Las Palmas de Gran Canaria with the President of the Canary Islands, Fernando Clavijo, to analyse several pending issues, among which both have specified that there was not the dispute over the competences of coasts, which will soon be addressed in a bilateral commission announced this Wednesday by the central Executive. although the date of the meeting has not yet been set.



The Government of the Canary Islands disagrees with the fact that Ecological Transition reserves part of the decisions relating to the management of the coastline in the Islands, despite the fact that the powers were transferred on 1 January 2023, and does not agree with the fact that the decision on some files initiated previously initiated has not been transferred to it, such as the one related to the Riu hotels in the dunes of Corralejo.



When asked about the matter, both Ribera and Clavijo referred to the Canary Islands-State bilateral commission that the Ministry of Territorial Policy has announced will be one of the first to be held this year, which has yet to set a specific date, because the two administrations are trying to coordinate agendas. The two have advocated reaching an understanding: Clavijo, without elaborating further on the matter, because the counselor responsible for Costas (Pablo Rodríguez) was not present at the meeting, and Ribera, explaining and defending the position of his Ministry.



Both Ribera and Clavijo have advocated reaching an understanding that avoids the presentation of a conflict of competences before the Constitutional Court


The head of Ecological Transition stressed that the transfer of Costas granted to the Canary Islands is the same as the one that was previously processed with the Junta de Andalucía and the Government of the Balearic Islands and emphasised that with the three autonomous communities the ministry conducts itself in this matter in the same way. It has also defended that they maintain the criterion of retaining management in certain matters that concern the ownership of the maritime-terrestrial public domain (which continues to belong to the State) and control over files initiated before the transfer was signed.



The Government of the Canary Islands has already formally launched the mechanism to resolve these differences, which first involves seeking an interpretation accepted by both parties in the bilateral commission, with the option of asking the Constitutional Court to resolve the conflict of competences if there is no possible agreement.

[TamaraEnLaPlaya]

Here we go again .......

Radio Sintonia:

The Ministry for Ecological Transition confirms the expiry of the concession of the Riu Oliva Beach hotel.

The Ministry for the Ecological Transition and the Demographic Challenge (MITECO) has declared the expiry of the concession of the RIU Oliva Beach hotel, located in the maritime-terrestrial public domain in the Dunes of Corralejo, Fuerteventura, after detecting repeated breaches by the company Geafond, holder of a concession granted in accordance with the transitory regime of the Coastal Law on the hotel complex. This concession, according to the ministry, was granted in 2003 to compensate for the loss of a pre-existing property to the demarcation of the maritime-terrestrial public domain (DPMT).
As reported by the ministry: "In March 2022, the disciplinary proceedings initiated against Geafond for non-compliance with the Coastal regulations and the conditions of that concession were resolved. A fine of €204,000 was imposed and the illegal works were ordered demolished. The company did neither. The decision was appealed through administrative channels and the decision rejecting the administrative appeal was challenged
before the National Appellate Court." The appeal is pending, they clarify.
It is reported that "the company's breaches are the carrying out of works not covered by the concession title, the existence of uses not foreseen by the concession title and the failure to comply with the condition of dedicating a part of the concession area (18,000 square meters) to public use, which is a violation of both the coastal regulations and the specific conditions of this concession".
Thus, the same breaches that gave rise to the penalty, and independently of it, would have constituted the cause for the revocation of the concession. Therefore, on 5 July 2022, the procedure for the revocation of the concession was initiated, as required by the rules on costs.
Consequences of the resolution In the resolution
of revocation, in accordance with what was indicated by the Council of State, the obligation of the concessionaire to remove the facilities from the maritime-terrestrial public domain at its own expense is established, suspending the demolition of the part of the complex occupied by the apartments, while the legal situation of the 20 registered owners of these apartments who did not have the opportunity to apply for the compensatory concession.
Competences of the State
With regard to competence, the State Government states the following: "As stated in the favourable opinion issued by the Council of State on 15 February, the competence to decide on concessions of the transitional regime lies with the State; it has not been transferred to any of the Autonomous Communities that have assumed functions related to the titles of occupation of the maritime-terrestrial public domain (Canary Islands, Catalonia, Andalusia and the Balearic Islands)".

[TamaraEnLaPlaya]

and a further article

Radio Sintonia:

MITECO declares the expiry of the Oliva Beach concession
Non-compliance with both the Coastal regulations and the conditions established in the concession title was detected.

The Ministry for the Ecological Transition and the Demographic Challenge (MITECO) has issued a statement this afternoon informing that it has declared the expiration of the concession of the Oliva Beach hotel complex and apartments, located in the maritime-terrestrial public domain in the Dunes of Corralejo, Fuerteventura, after detecting repeated breaches by the company Geafond, holder of a concession granted in accordance with the transitory regime of the Coastal Law on the hotel complex. This concession was granted in 2003 to compensate for the loss of a pre-existing property to the demarcation of the maritime-terrestrial public domain (DPMT).



In March 2022, the disciplinary proceedings initiated against Geafond for non-compliance with the Costas regulations and the conditions of that concession were resolved. A fine of €204,000 was imposed and the illegal works were ordered demolished. The company did neither. The decision was appealed through administrative channels and the decision rejecting the administrative appeal was challenged before the National High Court. The appeal is pending.

The company's breaches are the carrying out of works not covered by the concession title, the existence of uses not foreseen by the concession title and the failure to comply with the condition of dedicating part of the concession area (18,000 square meters) to public use, which is a violation of both the coastal regulations and the specific conditions of this concession.

The same breaches that gave rise to the penalty, and independently of it, constitute grounds for the revocation of the concession. Therefore, on 5 July 2022, the procedure for the revocation of the concession was initiated, as required by the rules on costs.

Throughout the processing of the revocation file, several hearing procedures have been given to all interested parties (environmental associations, workers' organizations, registered owners of several apartments unrelated to Geafond, Geafond itself...).

CHRONOLOGY

On July 7, 2023, the Public Works Council issued a favorable opinion on the proposal, concluding that the declaration of expiration of the concession title is appropriate.

On July 19, 2023, the State Attorney's Office reported favorably on the proposed resolution of expiration.

On September 20, 2023, the expiry file was sent to the Council of State for its mandatory opinion. On 10 October, the Council of State returned the file for the completion of some formalities, which were carried out, after which the file was sent back to the supreme advisory body on 4 December 2023.

On February 15, 2024, the Council of State issued a ruling that the concession should be declared null and void.

On February 27, 2024, the expiry file of the Oliva Beach Hotel and Apartments complex was concluded, with the Secretary of State for the Environment, Hugo Morán, declaring the expiration of the concession.

CONSEQUENCES OF THE RESOLUTION

In the resolution of revocation, in accordance with what was indicated by the Council of State, the obligation of the concessionaire company to remove the facilities from the maritime-terrestrial public domain at its own expense is established, suspending however the demolition of the part of the complex occupied by the apartments, while the legal situation of the 20 registered owners of these apartments who did not have the opportunity to request the compensatory concession is clarified.

COMPETENCE OF THE STATE

As stated in the favourable opinion issued by the Council of State on 15 February, the competence to decide on concessions of the transitional regime lies with the State; it has not been transferred to any of the Autonomous Communities that have assumed functions related to the titles of occupation of the maritime-terrestrial public domain (Canary Islands, Catalonia, Andalusia and the Balearic Islands).