The National Court puts a stop to the Sant Joan Town Hall's actions and orders the demolition of eight small houses in Portinatx

PalmThe National Court has dismissed the administrative appeal filed by the San Juan de Labritja Town Council and upheld the decision of the Ministry for Ecological Transition denying the concession for the occupation of 635 m² of public maritime-terrestrial domain in Portinatx, in northern Ibiza. The ruling mandates the demolition of eight boathouses and a terrace and the restoration of the land to its original state, without any private occupation, thus ending more than two decades of legal conflict over this stretch of coastline. The boathouses were initially granted a concession in 1969 for a period of 15 years, which expired in 1974 and was never renewed. However, the Town Council attempted to legalize them in 2003, arguing that they formed part of the municipality's tradition and ethnological heritage and intending to include them in a future local heritage catalog. In reality, the City Council was trying to prevent the termination of the tourist use of the terrace that crowns the irregular constructions. In fact, the small houses form the base of a large terrace with private, tourist-oriented use, as it serves as a bar with tables and chairs in the summer.

The City Council argued that these historic constructions should be protected and that their preservation was consistent with the character of the Ibizan coast. It also claimed that the mandatory right-of-way was not being violated and that the Coastal Authority's decision was not sufficiently justified.

The National Court applies the law

The Court considers that the municipality's desire to protect the beach huts cannot prevail over coastal regulations, which only permit occupation of public land when strictly necessary and with a valid permit. Maintaining the structures would prioritize private uses over the public and general use of the cove, saturating the space and obstructing the right-of-way established by law, which allows passage for pedestrians and rescue and surveillance vehicles. The ruling also rejects the claims of a private company linked to the Cas Mallorquí hotel complex, which had appeared as a defendant in support of the municipality's appeal, and reiterates that it could not challenge the administrative decision or present arguments contrary to its procedural position. According to the court, the Ministry's decision was sufficiently justified, as it argued that authorizing the beach huts would lead to saturation of the cove, prioritization of private uses, and limitation of public access. This violates Articles 31 and 32 of the Coastal Law and Articles 60.3 and 61.3 of the General Coastal Regulations, which require "the minimum possible occupation of public land and its protection for common use." The National Court emphasizes that the original concession had expired decades ago and that there is no legal basis to allow the consolidation of a lucrative use of public land without a valid permit. Although the City Council defended their heritage value, the beach huts are not considered an asset of cultural interest or a protected historical site and, therefore, cannot constitute an exception to the Coastal Law. Coastal Law and possible appeal

The court has ordered the San Juan de Labritja Town Council to pay the legal costs, although it can still file an appeal with the Supreme Court if it demonstrates objective grounds for appeal. Boat sheds are traditional features of the Ibiza coast, historically used as shelters for vessels. Many of these structures have been adapted with terraces linked to hotel establishments, creating tensions between heritage conservation and the protection of public domain. This case exemplifies the complexity of reconciling local and heritage interests with state coastal legislation, especially in areas with a high influx of bathers and tourists. With this ruling, the National Court reaffirms that the public maritime-terrestrial domain is a collective asset and that private uses cannot be consolidated beyond the legal concession period, given that they must guarantee free access and the sustainable management of the coastline.