Court confirms four luxury chalets must be demolished

According to a spokesman for the environmental group GOB, this sentence puts an end to a conflict which has its roots in the year 1985. Four sentences and three decrees, all in favour of the demolition of the chalets, have been issued. One of the chalets was bought by writer Fernando Schwartz.

The Supreme Court maintains the rulings of the Balearic High Court, which ordered “the demolition of the four buildings built under the shelter of the works licences of the Deya (Majorca) town council.” It also ordered the land to be restored “to the natural state of the landscape” before building.
GOB expressed its satisfaction that all the obstacles to avoid the demolition of the four chalets and the agricultural warehouse of Can Simó had disappeared, and criticised the council's “last ditch” attempts to legalise the licences for the work.

The conflict started in 1985, when the Tramuntana mountain range was given the “cultural interest” (BIC) category, in the year that the law on the Historical Heritage came into force.

It was in this same year when the Can Simó estate in Llucalcari was divided up, which allowed the creation of four plots and the “rapid” request for the necessary licences to build on the land.

Between 1986 and 1988, the Deya council provided the four licences for construction in the area and the creation of a farm track to provide access to the new houses.

This led GOB to present “all types of denouncements” and lodge an administrative appeal against the four licences.
In 1992, the Balearic high court cancelled the licences and ordered the buildings to be demolished, because they infringed the law on the heritage.
Following an appeal lodged by Bancals SA, Bartomeu Mayol and the Deya council, the court ratified the sentence in 1999, declared the four licences null and void and confirmed the demolition and restoration of the land.

The Constitutional Court also rejected an appeal lodged by the promoters and the Supreme High Court of the Balearics insisted on the demolition of the buildings in 2001 and 2002.

GOB complains that, despite the numerous court rulings, the Deya council has ignored them and has instead fought “each and every one of the rulings.” The spokesman said that the council “is using public funds to defend privately owned chalets in an area protected by various local, regional and state regulations.” Mayor Jaume Crespi said that he would see that the sentence is carried out. He added that he will ask for an individual demolition project for each of the houses and the restoration of the area to its natural state.

He said that he was convinced that the owners would seek compensation, and was cautious as to the payment of it: “It will have to be discussed,” he said.

He added that the licences had been granted under the former planning and heritage board, which gave the green light. Because of this, he said it had to be studied where the compensation would come from. He did not say how much the council had spent on the court cases.