The Andalucian Court has cancelled the planning permission for three blocks of apartments in a green area, some of which are already inhabited. The permission was granted by GIL (ruling political party in Marbella) in 1998. 238 apartments were built on a site that qualifies as a green area or park.
In the year 2000, the Council contested the planning permission in court after which the Green Party put forward their case alleging that it was a crime against the DPP office. This was the 14th sentence of its kind in the Andalucian Court where planning permission granted by the town government was annulled. The Public Works Council challenged 250 planning permits and handed down forty annulment orders. Some of these properties were also already inhabited.
The Public Prosecutor´s Office presented an argument against the then mayor of Marbella, Jesús Gil. His alleged crime against town planning was the authorisation of three buildings, each with seven floors, in a green area. Gil argued that the local government deemed the 1998 plan as valid and therefore granted permission based on that. The 1986 plan was not considered.
The construction of Banana Beach came to a halt on two occasions by court order; the first occurred in March 2000 by order of Judge Fructuoso Jimeno while the second took place in April 2001 by order of Judge Mariana Peregrina
