The Court rules in favor of Club Lanzarote and recovers the twenty-meter demarcation at the Hotel Natura

The First Chamber of the Administrative Litigation Chamber of the National High Court has upheld "in substance" the administrative litigation appeal filed by Club Lanzarote against the Ministry for Ecological Transition and the Demographic Challenge for the demarcation approved in 2024, which established a one-hundred-meter protection servitude on two plots of its property.

The judicial ruling has accepted part of Club Lanzarote's argument regarding the Hotel Natura Palace, built on one of the affected properties. In this case, the National High Court has decided to annul the one-hundred-meter demarcation approved by the General State Administration on property number 15.167 and return it to the initial twenty-meter servitude.

In this case, the Chamber accepts to "annul" the annotations made in the Property Registry on this plot of Club Lanzarote.

The servitude of the second property, in the hands of the State's decision

Regarding the second property, the National High Court states that "it does not necessarily have to be set at one hundred meters" because it understands that on this other plot there would have been "a breach of the execution deadlines," nor reduced to twenty meters, but rather leaves it to the State to "set the width of the protection servitude."

At this point, the judicial resolution indicates that the State will have to take into account the urban development of the plot, where the fall of the General Plan of Yaiza of 2014 will influence the determination of the width of the demarcation.

At the same time, the Administrative Litigation Chamber indicates that to determine whether the property complied with the obligation to urbanize within the foreseen timeframe, what was built at the entry into force of the Coastal Law in 1988 must be taken into account, and not subsequent developments.

This resolution responds to an appeal filed in September 2024 by Club Lanzarote S.A. against the General State Administration. In this appeal, the Lanzarote company stated that the land affected by the one-hundred-meter demarcation already had an approved partial plan, Special Plan Center of National Tourist Interest Montaña Roja, which was being developed "according to its forecasts" when the coastal law came into force.

Against the appeal, the General State Administration had requested that the lawsuit of Club Lanzarote S.A. be dismissed. Against the judicial ruling, an appeal for cassation can be filed within 30 days of its notification.