In the telematic meeting, the neighbors expressed their disagreement about the location of the beach bar, because they consider that “the location causes them an aesthetic and visual damage, in addition to generating high noise levels “. The neighbors also argue that the location does not comply with the law, and that the administrative act for the decision-making of such work “It becomes null due to its arbitrariness and manifest injury to the affected neighbors.” The residents have starred in a campaign to collect signatures and mobilized last Saturday with a concentration against a facility that, unlike the rest of those authorized by the municipality and Coasts, is not on the sand of the beach but on the upper area of the coast, in front of the houses.
The Pilar de la Horadada City Council recalls that the homes closest to the beach bar are located within the “protection easement” area approved by the Ministry for the Ecological Transition and the Demographic Challenge. “Which means that the owners of these buildings cannot build new homes, or expand the volumes, heights or surfaces of existing buildings. “A similar situation can be observed in the Villas area, where in the “Plan for the protection of the coastal edge of the Mar Menor ” recommends the recovery of the land maritime public domain for the properties that are located in this strip of protection easement.
In addition to the two meetings held with the Mayor and which he has also attended Pedro Miguel Moya, Councilor for the Environment and Urban Planning, legal representatives of the residents have held face-to-face meetings with municipal technicians in which they have been able to check all the documentation in the file, which is available on the State Contracting Platform.
At the allegations period of the concession procedure started in December 2019, no allegations were presented
From this documentation it is clear that in December 2019 the Pilar de la Horadada City Council, in a management that adheres to the current mandate, published in the Public Sector Procurement Platform, the announcement for the tender of the file for the exploitation of various seasonal services consisting of beach bars, umbrellas and hammocks on the beaches of the municipality of Pilar de la Horadada for the next four years. The announcement was posted on the internet so that anyone could consult and / or submit allegations to the file. “No allegation was made in this regard,” recall the same sources.
In March 2020 the Provincial Coastal Service of Alicante sent the City Council the resolution of the file with the favorable authorization to occupy the land in the maritime-terrestrial public domain for the installation and operation of seasonal services, until the year 2023, according to the tender.
Beach bars such as umbrellas and hammocks are being installed based on this tender and the authorization of Costas. And the breach of the conditions of the authorization by the successful bidders will be sanctioned in accordance with the provisions of the current Coastal Law.
The mayor has explained that, this year, the chiringuito must stay in that location, because a change in the location of the beach bar would entail a “substantial modification of the conditions of the initial award” and “that is not feasible at this time”. However, Jose Maria Perez Sanchez “It has made a commitment with the neighbors to study the change of location with the legal services and with Costas for the next years of adjudication”.
On the other hand, the Coastal Law, in its article 33, says that “The beach service buildings will preferably be located outside of them, with the dimensions and distances that are determined by regulation.” as is the case of the Los Jesuitas beach bar. Neighbors also argue that the facility fails to comply with a series of legal provisions, to which the Mayor has recommended that they present them. “in writing so that the different municipal areas value them and can answer their doubts ”.
In addition to this Los Jesuitas beach bar, the Provincial Coastal Service in Alicante has favorably authorized a total of 25 installations, according to the tender dossier, which represents an income of 318,353 euros per year for the Pilar de la Horadada City Council.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.