Marbella Tops the List for Beach Establishments Violating Regulations
Marbella municipality has the highest number of beach establishments, known as ‘chiringuitos’, that have been reported by the Ministry of Ecological Transition in the province of Malaga. This province also holds the record for the most unfavorable reports in Andalusia. These figures are based on violations detected since 2011, when the responsibilities were transferred to the regional government.
Andalusia’s Struggle with Coastal Law Violations
In Andalusia, there are 163 beach establishments, nearly a third of the total, that have issues with the Coastal Law or the criteria for occupying public maritime-terrestrial domain. Most of the unfavorable reports are accumulated in the province of Malaga, with 72, followed by Huelva with 37. Among municipalities, Marbella (16) and Malaga (12) have the most chiringuitos that violate the regulations. These figures were recently published by “elDiario.es”, obtained from the Ministry of Ecological Transition.
Andalusian Regulations and Violations
The regulations of the Andalusian government are much more lenient and there is usually more permissiveness. The State, backed by the Supreme Court, requires that establishments perform a function or provide a service that necessitates their presence on the beach. There also needs to be a distance from the sea shore, otherwise these establishments are exposed to storms. In Marbella, it is very common to find chiringuitos just a few meters from the sea.
Violation of Permitted Extension
Another common violation is the permitted extension, which is 200 square meters, of which 150 are for the building and the rest for the terrace, plus 70 for open occupation. In Marbella, there have been several complaints made by Ecologists Malaka about the request for authorizations of chiringuitos with concrete basements.
Successful Halting of a License
At the end of last year, a license was successfully stopped on Guadalmina beach, also with the rejection of the existing golf course, which weighed heavily. In September 2002, this ecological group demanded the removal of a liquefied petroleum gas (LPG) tank on Río Real beach in Marbella, which they believed was invading public domain.
Primary Dune Destruction and Unnecessary Structures
In the same area, it was also reported that the primary dune of the western beach at the mouth of the Río Real had been destroyed. They referred to the “reinstallation of a kiosk-chiringuito, with a terrace, a spit point, plus an area of 200 hammocks”. Recently, the United Left criticized the new beach ordinance for, among other things, “not limiting spaces of use, nor removing structures that occupy space and are unused”. They cited the case of the Trocadero in Río Real, which “has two structures south of the walkway that occupy public domain space and are unnecessary, because the illegal occupation of the chiringuito terrace, which occupies even more area, is not enough for them”.
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