Revisión de oficio de licencias firmeshacia la definitiva demolición de “el Algarrobico” por el cambio de criterio del TSJA (sentencia de 22 julio 2021)

Abstract

The macro-dispute regarding the construction of the “El Algarrobico” hotel seems to be coming to an end. The judgment of the Supreme Court of Justice of Andalucia, in July 22, 2021, has just opened a door closed so far: the ex officio review of the granted license, which had been previously rejected twice in a firm pronouncement of the same Court. The excuse for removing this previous declaration is the definitive annulment of the enabling planning instruments (town act planning and development plan), which is already a firm pronouncement. Given the certainty of the imminent start of the ex officio review procedure, the economic repercussions that it will entail remain to be decided. For various legal grounds, the debate as to whether the promoter deserves a compensation, and if so, to what extent, seems unavoidable.