Traders in Puerto Banús File Objections Against Concession Extension
Traders in Puerto Banús have filed objections against the current company’s intention to extend the concession period to the original 99 years. This procedure is being processed by the Andalusian Board. They recall the conflicts they have had over the use of spaces they believe are publicly owned.
Allegations Against Puerto José Banús S.A.
The traders have submitted a written objection against the intention of the company Puerto José Banús S.A. to secure an extension of the concession, which would extend until 2067. According to a statement from the law firm BGI-LAW, the company “has shown bad faith by charging for spaces that have been recognized as public without complying with port regulations.”
Accusations of Overstepping Boundaries
Furthermore, they argue that Puerto José Banús S.A. “seeks to extend the concession over the spaces located on Levante Beach that are currently outside the granted concession.” They explain that the concessionaire “has shown over time its authoritarian attitude, exceeding its powers and exploiting spaces that are not included within the concession granted at the time.”
Public Ownership of Certain Areas
In this regard, they recall the public domain nature of “certain roads that run through the port area, as perfectly recorded by the APPA.” The same is true for Levante Beach, as a result of the “boundary approved by Ministerial Order of July 25, 2007, which has even led to recovery proceedings by the Coast Demarcation, confirmed judicially.”
Conflicts Over Terrace Use
The use of terraces has been the main source of conflict between Puerto Banús and the traders, following the “unilateral imposition by the concessionaire of abusive conditions,” explain the lawyers. In this regard, the traders filed three lawsuits for nullity of leases against the concessionaire and in turn, the concessionaire filed 21 eviction proceedings.
Request for Formal Acquisition
Likewise, certain traders have asked the City Council for the formal acquisition of the roads in three different procedures that are currently being tried in the contentious courts.
Concession History
Through an order of September 12, 1967 from the Ministry of Public Works, the administrative concession was approved for the company Puerto José Banús de Andalucía la Nueva S.A. to build a marina. The authorization had a term of 99 years from March 4, 1968. During the democratic stage, different regulations were issued that cut the maximum period to 30 years, in the case of the Coast Law of 1988 and, later, in 2013, it was raised to 75 years.
Andalusian Law 2/2020
Finally, Andalusian Law 2/2020, of November 12, regulated the extension to its initial period of the concessions granted before 1992. In accordance with this new regulation, Puerto Banús has requested the extension until March 4, 2067, the period initially planned when the concession was granted.
Related News to Expansion of Puerto Banús
– Environmentalists object to the extension of the concession to Puerto Banús
– Puerto Banús traders accuse the mayor of not supporting them
– The Marbella City Council takes a neutral stance in the Puerto Banús controversy.
