Sanctioned the owner of a plot of land in the Fluvià Gorge for having a beach bar without a permit

The Territory Department has penalized the owner of some land in Gola del Fluvià, in Sant Pere Pescador (Alt Empordà), with 31,000 euros, for having a beach bar and parking without a permit.

Oliver Thansan
Oliver Thansan
10 July 2023 Monday 22:49
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Sanctioned the owner of a plot of land in the Fluvià Gorge for having a beach bar without a permit

The Territory Department has penalized the owner of some land in Gola del Fluvià, in Sant Pere Pescador (Alt Empordà), with 31,000 euros, for having a beach bar and parking without a permit. As TV3 has advanced, Territorio believes that the man has committed two serious infractions and one minor one of the cost law for having a beach bar and parking.

The file was opened on August 8, 2022, but the Generalitat's Ports i Costes inspectors already made a report in February 2022 that the owner of the land advertised a motorhome park and motorcycle rental on a website of water. In this case, the man did not have the authorization to do this parking. Subsequently, the inspectors and Rural Agents confirmed that there were motorhomes parked on that property, although it did not have a license. In addition, they detected that a beach bar had been opened since July 19.

Thanks to a drone from the Rural Agents, the extension of the car park and the beach bar were calculated. From here, Territory began to open the disciplinary file that focuses on three infractions of the Llei de Costes.

The most serious penalty is for the occupation of the maritime-terrestrial public domain. In this sense, the law provides for a penalty of 120 euros per square meter and occupied day. This means that the penalty is 30,696 euros for the owner of the land, given that 255.8 m2 had been occupied.

In addition, they consider that there is a serious infraction when installing a bar in a protection zone, such as the mouth of the Fluvià. This penalty is 300 euros more. Lastly, the file establishes a minor infraction for announcing an unauthorized activity through a web page, for which a penalty of 250 euros is imposed. The entire set increases the economic sanction of the owner of the land to 31,246 euros.

Despite this, the man had filed numerous allegations throughout the process and until now the file has not been definitively closed. In addition, they ask the owner to stop exploiting the activities for which he does not have a license.

The Generalitat gives the owner a margin of eight business days to dismantle the beach bar and any other building that offers a service for which it does not have a license. If it has not been dismantled within that period, the area will be sealed.

Last week, the environmental entities asked the administrations for speed to put an end to this activity. They complained that, although the use of the beach bar and the parking lot had already been notified in the summer of 2022, until now no action had been taken.