Coastal Authority invalidates the boundary demarcation of Casetas de los Capellanes: restaurants and residents again

The Directorate General for Coasts and the Sea of ​​the Ministry for Ecological Transition has declared the proceedings for the delimitation of the public maritime-terrestrial domain affecting the coastal stretch of Es Comú de Muro, between Casetes dels Capellans and Playa de Muro, to have expired. These proceedings aimed to resolve a long-standing controversy: determining the legality of having three beachfront restaurants and some twenty summer homes occupying this area of ​​high natural value. According to the interpretation of some experts and environmentalists, these buildings were constructed on the dune system, and according to the Coastal Law, these ecosystems must be preserved in their entirety, regardless of their distance from the sea. The Directorate's decision requires the proceedings to be restarted, and in the meantime, it leaves the possibility of keeping the restaurants open, as well as the future of the homes built decades ago, completely uncertain. The procedure that the Ministry has now declared lapsed was formally initiated in January 2021, but after two years without the Coastal Authority determining which areas are public domain and which are not, the law requires the declaration of the lapsed nature of all actions. According to the resolution, the Ministry is retaining the procedures already carried out and leaving the door open to the possible initiation of a new procedure in the future. Those concerned may appeal the declaration of lapsed nature: individuals have one month to appeal through administrative channels or two months to appeal through contentious-administrative channels before the National Court; public administrations may also file a contentious-administrative appeal within two months. A unique core in a highly sensitive environment

Les Casetes dels Capellans is a unique and traditional coastal village located between Can Picafort and Playa de Muro, known for its small, historic buildings and for housing three restaurants directly on the sand. It is an enclave with a long history of debate regarding its inclusion in the public maritime-terrestrial domain. If included, it would be subject to a permitting process and, therefore, limited timeframes, as it would become part of the territory controlled by the State. The site is located on the edge of a dune system of great environmental value, very close to the Albufera Natural Park and within the Es Comú de Muro area, a zone of high ecological sensitivity. Impact on houses and restaurants

The coastal demarcation project aimed to definitively establish the line separating the public maritime-terrestrial domain from municipally or privately owned land. The initial proposal included 22-23 houses in the village center and the terraces of the three restaurants, with potential repercussions for their continued existence and conditions of use. Residents and the Muro Town Council submitted thousands of objections, arguing that the area is communal property with a long-standing tradition and that its inclusion within the public domain did not accurately reflect its historical and social reality. During the summer of 2023, given the lack of response from the Coastal Authority to their requests for terrace permits, the restaurants opted to place tables and chairs "at their own risk," arguing that the expiration of the permit application meant that Capellans was no longer considered part of the public domain.

In parallel, the Muro Town Council has adopted measures to regulate access and parking in the area during peak season, with the aim of reducing traffic congestion and preserving the natural environment.

Current situation and future scenarios

With the file expired, the legal status of the Casetes dels Capellans remains in a temporary limbo. There is no current boundary that clearly determines whether the cottages and restaurants are within the public maritime-terrestrial domain, creating legal uncertainty for the owners, concession holders, and the local administration. Among the possible scenarios is the reopening of a new boundary demarcation procedure by the Coastal Authority, which would restart the debate on the area's status. Meanwhile, in recent seasons, the restaurants have continued to operate without an explicit prohibition, despite the uncertainty this creates for their businesses and the uncertainty of knowing that one day the technical criteria—the evidence that they are located on a dune system—may prevail. The Capellans case within the Balearic debate on the coast

The Casetes dels Capellans case reflects the tensions in the Balearic Islands surrounding coastal management and the application of coastal regulations, especially after the recent partial transfer of powers to the regional government. In 2023, the Islands assumed some coastal management and public maritime-terrestrial domain responsibilities, although the central government retains the collection of fees and the final say on concessions and large projects, which has drawn criticism for its lack of resources and effectiveness. In the case of Casetes dels Capellans, sources confirm that the central government has remained neutral and is waiting for the Ministry to resolve this "hot potato." Environmental organizations have denounced the fact that the processing of permits does not always strictly adhere to the Coastal Law, which, according to these organizations, could jeopardize free access to the coastline and the preservation of its easements. In other cases, the GOB has criticized the extreme passivity of the state administration, as in the case of the Bungalow Restaurant in Ciutat Jardí, which has no valid permit and has a demolition order that is systematically ignored.