Council fails to stop marina noise complaints court case

BENALMADENA Town Hall could face a stiff fine for not tackling noise from bars and discos in Puerto Marina, one of the Costa del Sol’s busiest nightlife areas. It attempts over recent weeks to stop the resident’s case of excessive noise from bars to be taken to court has failed.

They reportedly hired the same lawyer that won a €2.8 million payout for 18 residents in similar case in Torre del Mar (Velez-Malaga). But residents complain of noise from premises with open doors, windows and outdoor speakers.

They also complain of noise from venues that are not licensed or carry out activities for which they have no permit, as well as those who fail to respect opening hours or allow noise above legal limits.

The plaintiffs have provided noise level measurements carried out in apartments by technicians from the Junta de Andalucia Environmental Department which prove that at times, levels reach 68 dB inside their homes, above the 64.6 dB limit.

In the past, the town hall has been lax about enforcing the laws, but with the threat of a lawsuit, the Local Police closed down several premises over the past weeks.

However, this hasn’t prevented the case from reaching the courts as a group of residents fights for their right to a good night’s sleep, and they claim they are willing to take it as far as it has to go.

The town hall has now been required to send Contentious-Administrative Court number 2 in Malaga all the documents which prove what has been done to do away with the problem, including the closing orders.

Picture credit: Arrano

 

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