Beyond Pedro J: the other illegal swimming pools in the Balearic Islands

PalmaLast March, the Ministry of the Water Cycle and the Sea signed the authorization to carry out the demolition of Pedro J. Ramírez's pool in Costa dels Pins, after a long legal battle since 2004. The case was well known to its owner (now Agatha Ruiz de la Prada), but in the Balearic Islands there are dozens of other pools in public maritime-terrestrial domain. And not only that: hotels, restaurants and - of course - villas have also been built there, some directly on the beach. All these uses are prohibited because public domain is a strip that occupies the first meters of the coast and extends to where a beach, dune system or wetland reaches. Some of these constructions obtained temporary concessions in the past, but most have already expired. In total, it is estimated that there are more than 2,000 irregular constructions, many of which have demolition orders. The lack of resources from the State Coastal Demarcation has allowed cement to illegally occupy the frontline for decades. One of the most striking cases is that of Bungalow, in Palma, a restaurant that has never even had a concession and continues to operate despite demolition orders.

Blessed

Private pool. Expired concession

One of the most common images of the island coastlines is that of building a swimming pool entirely within the public domain. This one, in Bendinat, is one of the most significant cases in Palma. It is located entirely in the maritime-terrestrial zone and no longer has any authorization to occupy the front line. Despite the order of expiry issued by Costas, the owners, as is usually the case, have appealed to try to prolong the procedure. In principle, according to current regulations, these facilities are not legalizable. Some owners, moreover, block access along the coast, which is also illegal within the public domain.

Cala Sant Esteve (es Castell)

Sidewalk sheds. Demolition order

The Directorate of Coasts has been resolving the allegations presented by the owners of small houses located on the beachfront in Cala Sant Esteve, in El Castell, after the extension of concessions that expired in 2018 was denied. These are buildings that in Menorca are called 'sidewalk houses' and have a certain traditional constructive typology. With this argument, owners and often also the local or island administration try to cover up what is an illegality. Coasts has ordered the demolition of at least five properties because for eight years they have not had any authorization to occupy public land. The Directorate argues that residential use is not compatible with this type of space and makes it very clear that these buildings obstruct passage. If the demolition is not voluntarily carried out within the set deadline, the Administration itself will carry it out subsidiarily, to restore the public coastline free.

Talamanca

Hotel and terrace. Demolition order since 2021

Not only terraces and swimming pools. In the Balearic Islands, it is even possible to find hotels within public domain, as is the case of Talamanca beach in Ibiza. Everything has an explanation, and it is the permissiveness that existed in the 1950s regarding land use planning. In the years 1959 and 1968, the landowners obtained temporary concessions to exploit accommodation and a solarium within the strictly literal strip. These authorizations always expire when they occupy the frontline of the sea, if they are built totally or partially within the public domain. Despite the subsequent transfer of the company between societies, the current holder, Hotelera Torres Ramon, has not managed to legalize the situation and, therefore, since 2021 has a total denial of this occupation and a demolition order. In its statement, Costas literally laments that the lack of resources has allowed such a situation to drag on for so long.

Cala Pregonda

Chalet on the sand. Concession expired in 2018

Although to a lesser extent than Mallorca and the Pitiuses, Menorca has also written some notable pages in the history of irregular occupations of the maritime-terrestrial public domain. This is the case of Cala Pregonda, where some experts have always wondered how a villa on the sand could obtain a use concession. The Coastal Law, however, is very clear: no activity that can be carried out elsewhere can be authorized within the public domain, and the case of villas clearly does not meet any condition for being there. It is for this reason that, since 2018, when the concession it had expired, this house, which also has a terrace and ramp, no longer has any right to occupy the seafront. In the image, it can be clearly seen how the property, which initially belonged to Cecilia Moysi and now belongs to the Recolons Bouffard family, with an expired 1968 concession, is in the public domain and therefore has no possibility of being legalized.

Illetes Restaurant in Camp de Mar

Cafe and restaurant on the islet. Expired concession, pending renewal

The Illetes restaurant, in Camp de Mar, is another relic of a time when urban planning permissiveness reached extremes such as allowing a small island to be occupied by a tourist business. It is located entirely within the public maritime-terrestrial domain. The Demarcation of Coasts has not yet resolved the attempt to renew the concession that the owners have processed, who for some years have been trying to avoid losing their business. Specifically, in 2018 the concession expired and, therefore, in this situation the law establishes that, either a renewal is obtained, or the owner will have to face the demolition of the building and the removal of the rubble to return the land "to its original state". The Illetes restaurant fills up every summer with clients who enjoy a privileged view of Camp de Mar. For the moment, however, the activity can continue until Coasts determines whether to renew the concession or order its demolition.