Torrevieja restaurant Palermo 2003 SL has filed an administrative appeal against the Torrevieja City Council following a decision to deny authorisation for its terrace on Calle del Mar and order its immediate removal. The company is seeking an injunction to suspend the municipal decree so the terrace can remain open while the legal proceedings are resolved.
The dispute centers on a well-known pizzeria located on the seafront promenade on Paseo Juan Aparicio and Calle del Mar. The City Council based its denial on unfavourable technical reports concluding that the structure violates the Technical Building Code regarding emergency safety, noting that it occupies most of the intersection with the seafront promenade. These findings followed complaints from residents regarding potential dangers in an emergency, leading to an urban planning violation proceeding initiated on 21st January, 2026. Furthermore, the local administration rejected a previous appeal for reconsideration, confirming the obligation to immediately remove the items occupying the public thoroughfare.
The restaurant argues that the resolutions are voidable due to procedural defects and insists the installation is a demountable, temporary structure rather than a permanent one. According to the company, a terrace with side awnings, a roof, and a front glass wall has been requested, authorised, and paid for over two decades, starting with an installation in 2005 and subsequent quarterly permits. The company states it replaced materials in 2020 by adding retractable folding glass panels and a sandwich panel roof to improve thermal and acoustic insulation while maintaining the same location and dimensions.
Additionally, the appeal asserts that the company was processed without prior access to the relevant reports and decrees, and claims that three separate files were opened across different departments with inconsistent listings of interested parties. The restaurant also denies allegations of manipulating or falsifying documentation, maintaining that municipal technicians relied on older 2016 plans instead of the specifications and updated plans submitted in September 2020 following a neighbour’s complaint.
Regarding local regulations, the company highlights that the active ordinance on the use of public space dates back to 2014, arguing that future, unapproved regulations cannot be applied retroactively. To prevent severe economic harm, including lost revenue, reduced customer numbers, and difficulties meeting payroll obligations during the peak summer season, the restaurant has offered a bond of 26,932.50 euro to cover the potential cost of removing the terrace if required by the court. The governing board has approved the local administration’s appearance in court to defend the infraction proceedings and reject the precautionary measures.
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