Megapark in Playa de Palma, Mallorca

Megapark will have to revert to what it was, if a further appeal is turned down.

16-04-2021Jaume Morey

The Balearic High Court has upheld Palma town hall's 2018 decision to deny a permanent activity licence to Megapark in Playa de Palma.

The court has dismissed an appeal by the owners, the Cursach Group, for this licence to be in accordance with the 2012 tourism law, the so-called Ley Delgado after the then tourism minister and former mayor of Calvia, Carlos Delgado of the Partido Popular. That law allowed certain extensions to leisure facilities even if they weren't covered by municipal urban planning.

The town hall took the view that planning regulations prevented the expansion of the Megapark activity. Originally, the complex consisted of two separate establishments: one licensed as a cafeteria, the other as a leisure and entertainment centre.

Following work at the complex, the company sought to legalise the situation by requesting a permanent activity licence in 2017. The town hall turned this down, pointing to provisions of the plan for the reconversion of Playa de Palma, which allowed change of use from recreational to hotel. The change of activity at Megapark could not therefore be authorised.

The company's appeal was on the basis that the period of validity in the 2012 tourism law allowed extensions of establishments. It therefore asked to take advantage of that regulation to legalise the complex. The court considered that this possibility had to be interpreted in a restrictive way. "It is not possible to resort to this means in order to legalise previously unauthorised extensions to buildings outside of ordinance."

Megapark, the court notes, was subject to "constant modification and expansion". What was once licensed as a leisure centre became a 5,875 square metre club and restaurant without authorisation.

The High Court's ruling will go to appeal at the Supreme Court. If this fails, Megapark will have to be restored to how it was before 2015 - two separate establishments.

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