WE EXPECTED JUSTICE TO SPEAK, AND IT FINALLY HAS
For months, we have been reading and hearing in different media outlets that we intended, “at any cost,” and under a strategy of fait accompli, to accelerate the urbanisation so that, when judicial rulings arrived, the process would already be irreversible.
For months, we have been reading and hearing in different media outlets that the Medina Llíber development has no water resources since it does not have a concession; that we manipulated data to adjust water flows to the new application, and that we are building without such concession.
For months, we have been reading and hearing that the file lacks an environmental impact declaration, or that it had expired.
For months, we have been reading and hearing that the urbanisation lacks a sewerage system.
And we have been reading and hearing all this because Salvem La Vall, the Xaló Town Hall, Compromís, the Alcalalí Town Hall —all or some of them— not only filed a complaint before the Civil Guard for an environmental crime, which was dismissed because THERE IS NO SUCH CRIME (the urbanisation is being developed on land without any type of protection, restriction, and classified as developable since 2001), but they also filed various contentious-administrative appeals against the PAI, alleging these reasons to request the annulment of the programme.
Well, the Contentious-Administrative Court nº 2 of Alicante has issued a ruling, dated June 17, 2025, dismissing the appeals filed by the Xaló Town Hall and the Alcalalí Town Hall against the plenary agreement of the Llíber Town Hall, which approved the PAI of the Medina Llíber Sector and granted the status of urban developer to GARSIVA, S.L.U.
The judgment dismisses the extraordinary appeal for lack of legally established grounds, and furthermore, although it was not necessary, the Judge, ad cautelam, analysed each and every one of the arguments that have been repeatedly put forward and echoed in the media:
- Absence of a favourable report from the Confederation (CHJ)
- Requirement of an Environmental Impact Declaration
- Works to connect the project to the sewerage system
To which the ruling states:
On point 1:
“The Integrated Action Programme of the MEDINA Sector in Llíber does not entail new demands for water resources within the terms contemplated in Article 25 of the TRLA. Therefore, its approval does not require a report on the sufficiency of water resources.”
“The availability of water resources was duly proven with the favourable Environmental Impact Declaration issued.”
On point 2:
“Therefore, the transitory provision 30 of the TRLOTUP does not apply, as it had been repealed and, prior to that, because the PAI had already been approved in January 2021,” that is, the EIA is in force.”
On point 3:
“The urbanisation project of the Medina Llíber Sector does include a sewerage system and the connection of the sewerage system to the treatment plant, which is being carried out independently.”
And concludes:
“At this point, the contentious-administrative appeal can only be dismissed. Firstly, because the grounds listed in Article 125.1 a) and/or b) of Law 39/2015 are not met. Secondly, because planning cannot be reviewed by challenging a management instrument. And lastly, because the three arguments put forward by the claimants regarding the processing of the programming of the disputed sector do not hold.”
We believe no further comment is necessary.
