The GOB warns of the exceptions that are intended, for private uses, in the Law of Coasts.

Dec 24, 2022 | Current affairs, Featured, Post, Revista Lloseta, Thursday Daily Bulletin, Tradition

Port des Canonge, cala Deià, Bungalow, casetas des Capellans, Mar y Paz swimming pool… are examples of the resistance to losing concessions for installations and structures located in the public domain. The uses, lucrative or private, in the public domain cannot be defended by the institutions and parties with historical or patrimonial arguments, which hide the reality of the private uses that are intended to be perpetuated in these spaces.

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Climate change is a reality and the adaptation of the coast of the Islands to this reality is one of the most complex subjects to be tackled responsibly.

This week we have learned of the intention of Més por Mallorca, to promote an initiative for the Parliament of the Balearic Islands to request a modification of the Coastal Law to prevent the Ministry for Ecological Transition from executing the demolition of the dry docks Port des Canonge.

The arguments that are being put forward are patrimonial, but the uses that are being given to these dry docks are totally private and even in some cases for tourist rental. The GOB recalls that there are already two rulings from 2012 and 2013 (you can consult them here) and that in both cases the conservation of these structures built within the maritime-terrestrial public domain of Costas has been ruled out. All of this dates back to 2009, when the concessions to occupy the land were denied due to the “markedly regressive nature” of the stretch of coastline on which they are located. The refusal prioritises the right to free public use of the beach and concludes that the beach is not wide enough at this point, so the beach huts interrupt public use.

In the Port des Canonge, we have seen brutal cementation by ramps on the beach, occupations by new constructions, and there are uses that are not proper such as housing or tourist rentals.

In view of the current situation and also taking into account the Strategy that the Ministry has deployed in relation to the Protection of the Coast of the Balearic Islands considering the effects of climate change /proteccion-costa/estrategias-proteccion-costa/illes-balears/estrategia-proteccion-baleares.aspx, it is necessary that the political parties align their policies with the issues of adaptation to climate change, the release of the public domain and above all that they do not use patrimonial arguments for private uses. We have seen this also in the case of the Bungalow. Heritage and historical arguments must be proven and substantiated, and above all, it must be ensured that the uses are compatible both with the heritage declarations, if applicable, and with being in the public domain. And the islands’ own institutions and parties must be there to guarantee public use and the non-representation of arguments to preserve the privative uses of heritage and the public maritime land domain on the one hand, and to make progress in avoiding the worst consequences of the climate crisis on the coastline on the other.