Cafe Bar owner fights demolition order on Peacock Island

Updates 27th November 2019 - The case regarding illegality of the bar on the island returns to court

"The illegality of the bar on Benidorm island returns to the courts".
The town hall was given 3 months to undertake the removal of the bar at the start of this year.
Its still standing.....So.... a new court case is being brought by a Valencian anti fraud department, via the public prosecutor.

Antifraude presents to the Prosecutor a report with new indications about the establishment - The City Council insists that it is the responsibility of Costas. Basically the fight continues...........

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 The Valencian Agency Antifraude has presented to the Prosecutor a new report in which it collects indications about the possible crimes committed by this establishment. This step according to sources, would add to a judicial process already opened long ago.

The restaurant on the Island of Benidorm has been operating for about 60 years, being one of the tourist points that receives dozens of tourists every day during the high season. However, its administrative situation has been in doubt for a few years for several reasons. Among them, because it lacks an opening license even though the establishment opens to serve customers.

In fact, Costas told Benidorm City Council earlier this year that it had three months to tear down the elements on the Island, such as the restaurant and the stairs. However, the government team claimed that it is precisely the central government that has the powers in that field. In fact, the current government of the PP It continues to maintain the same arguments as then, so that "we cannot act", as explained by municipal sources, who pointed out that the technical reports also contemplate it. In fact, Benidorm asked this agency dependent on the central government to grant this natural space to try to bring order to the islet, a request "that we are still waiting for Costas to resolve." As for the Antifraude report, the same sources did not comment on it.

No opening license

As already stated, the last time the owners applied for the opening license was in August 2018. Only one month later, they filed an appeal by rejecting the Department of Urban Planning their request, but it was also dismissed in January.

The City Council then based its arguments that the establishment is on land in the maritime-terrestrial public domain and does not have the "qualifying title for the use of the facility." And, the Island, also located within the natural park of Serra Gelada, is registered in the registry in favor of the State since December 24, 1963 and included in the public domain since 1968. Hence the City Council continues to expose That is not your competition. Now it will be the court that will have to rule on the matter about whether or not there have been crimes in all the actions carried out in recent years.

At the moment the cafe/bar is still operating and you can visit the Island.  Details HERE 

Note – The article above has been translated from Spanish to English so some detail may be lost in this translation, read the original story at https://www.diarioinformacion.com/

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September 5th 2019 - The fate of the lovely cafe, bar etc on Benidorm's island features in Spain's national press today, as the owners continue to fight a demolition order brought by the government agency "Costas"..(The installations were described as "Illegal" in a natural park).

The " pirate island " of Benidorm -probably the last in the Mediterranean- could see the bar removed and the island returned to an environmental friendly place if the central government responds to the City Council's request to demolish the restaurant facilities that has been operating there without a license for more than 60 years.

Natural Park

In fact, in the same written communication from the Senate, Costas points out that the islet of Benidorm is part of the Serra Gelada natural park and, consequently, the competence to ensure compliance with the specific regulations, as well as “those discharged into sea ​​that apparently are being produced from the mentioned establishment », corresponds to the Generalitat Valenciana.

The order of the Coastal Provincial Service was "to remove all existing facilities on land in the maritime land domain intended a restoration establishment (including terraces, stairs, reservoirs, animal cages, and other facilities linked to this establishment), prior to eviction of the natural or legal persons that exploit them ». It was dictated in February of this year and gave three months for its execution.

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