Supreme Court Ends Legal Battle Over Coastal Club
The Spanish Supreme Court has refused to admit the final appeal lodged by the concession holder of the Charco de La Arena private pool club, located on the coast at Punta del Hidalgo in the Tenerife municipality of La Laguna. This appeal was filed against a ruling by Spain’s National Court which had upheld the decision to deny an extension of the concession, originally granted in 1964.
Consequently, according to council sources, the concession is now definitively terminated as there is no further legal avenue to revive it. The publicly-owned maritime-terrestrial domain is fully available for recovery, and the Coastal Authority and La Laguna Council can now begin the process of restitution and demolition without legal obstacles.
Court Cites Lack of Legal Grounds for Appeal
In its definitive ruling, the Supreme Court concluded that the appeal lacked sufficient legal grounding and that there was no objective basis for a cassation appeal. The court’s resolution stated: “It is agreed not to admit it for processing due to non-compliance with the requirements established by Article 89.2 of the Law on Contentious-Administrative Jurisdiction for the preparatory brief, specifically: lack of sufficient legal argument.”
Process to Recover Public Land Begins
As council sources explain, the Spanish Coastal Law mandates the recovery of public land when the enabling title ceases. Therefore, the official process will include: an inspection report of the current state, a notice for voluntary evacuation and removal of installations, and a period for submissions. If the concession holder does not act, the Coastal Authority can carry out the work itself.
The extinguished concession had authorised the occupation of public maritime-terrestrial land for the construction of a bar-restaurant and the adaptation of a natural pool. With its termination, these installations now constitute illegal occupations and must be demolished. The demolition should include the removal of foundations, restoration of the natural coastline profile, elimination of artificial elements in the pool, and protective measures for local fauna and flora.
A Milestone for La Laguna’s Coastal Strategy
According to sources, the Supreme Court’s resolution allows, with full legal certainty, for the space to be returned to the public, eliminating a private use on public land and ensuring strict compliance with the Coastal Law. La Laguna Council considers the ruling a milestone of enormous relevance for the municipality.
The council has stated it will collaborate closely with the Coastal Authority to begin the recovery process, issue the demolition order, and execute the necessary actions to return this space to the public. This judicial decision reinforces the council’s strategy for coastal protection and aligns with the comprehensive Punta del Hidalgo recovery project, which is currently in the funding search phase.
“The recovery of Charco de la Arena constitutes a decisive step towards a more natural, safer, more accessible coastline, more coherent with the environmental values that define our municipality,” the council stressed. It reaffirmed its commitment to defending public land, protecting coastal ecosystems, and improving the coastal landscape.
“The definitiveness of this resolution allows us to advance with determination in the restoration of a space that belongs to everyone and which, after decades of occupation, can be recovered for public enjoyment and the preservation of our natural heritage,” the council concluded.
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