The High Court of Justice of the Valencian Community has dismissed an appeal from a resident of Babilonia beach in Guardamar. The resident challenged a fine imposed by the provincial Coastal Service for ordering the placement of rocks on the sand in front of a property located on public maritime-terrestrial land. The ruling confirms the 2,910 euro fine and mandates that the area be restored by removing the dumped stones.
The incident occurred in April 2021. An environmental agent from the Alicante Coastal Service reported a pile of stones on the beach in front of a row of properties that have been subject to a demolition order since the State refused to extend their concessions in 2018.
According to the High Court, the action followed a severe storm on 9th April 2021. The property owner ordered the materials to be stockpiled to protect the single-story house from incoming waves. The Guardia Civil filed a report on 11th April 2021 after discovering workers positioning the stones as a defensive measure. The court held the appellant responsible, noting the work directly benefited the property.
A subsequent report on 15th April 2021 noted a new deposit of stones covering 24 square metres at the same site. Consequently, the Coastal Authority requested the removal of the stones and warned of disciplinary proceedings. The provincial Coastal Service opened a formal procedure on 8th July 2021 for works carried out without administrative authorisation.
The plaintiff argued that the proceedings had expired and that his personal responsibility was not proven, among other claims. However, the court rejected these arguments, clarifying that the procedure was resolved within the twelve-month limit specified by General Coastal Regulations. Furthermore, the court maintained that the property owner is liable for hiring the workers, regardless of who physically placed the stones.
The ruling emphasised that while the Coastal Law permits defensive works, such actions require prior authorisation or a concession. As no such permission existed, and the concessions had effectively expired, the dumping was illegal. Furthermore, the area is designated a Site of Community Importance within the Natura 2000 network.
This decision marks another legal setback for residents of these historic houses, who are currently awaiting a Supreme Court resolution regarding a jurisdictional dispute over the demolition orders. The central government maintains the demolitions should proceed, while the Valencian Regional Government seeks to save the site for its heritage value.
