Alicante denies construction license for fuel storage facilities at the port

The Alicante City Council has issued a decree denying the major construction license requested by the company XC Business 90 S.L. for the fuel and petroleum product distribution center at dock 19 of the Port of Alicante. The construction project presented to the City Council does not match the area granted by the concessionaire and certified by the Port Authority. Despite being asked to do so, the company has not submitted a project adapted to this concession area.

"The City Council has taken a clear and firm stance against the installation of the fuel storage facilities at the Port, and we will do everything in our power to prevent it," stated the government spokesperson, Cristina Cutanda. "As we previously announced, we have several tools to try to prevent this installation, and denying the major construction license is one of them," added the spokesperson.

While a construction project for a 21,500 square meter plot was submitted to the City Council, the granted area is 14,500 square meters, which is 7,000 square meters less, as confirmed by the Port Authority at the City Council's request. Upon detecting the discrepancy between the concession areas and the construction project, the Urban Planning Department requested on May 8 that the company submit a new technical construction project adapted to the area granted by the concessionaire. However, after the 15-day period granted for this submission, the required documentation has not been submitted, nor has any statement of objections been filed.

Therefore, the decree states, "it is appropriate to deny the license, as the construction project submitted with the license application does not conform to the area exclusively granted to the company, as stated in the concession contract authorized by the Port Authority and in the concession title, and the requested license cannot be authorized for an area for which there is no title to support it."

On March 10, 2025, the City Council resolved to recognize the company’s acquisition of the environmental license for the storage facilities through positive administrative silence, in compliance with the TSJCV ruling that established this.

The activity license is granted for an area of 17,900 square meters, which was the area specified in the submitted activity project. However, the construction project is presented for a 21,500 square meter plot.

Due to this lack of consistency between the areas of both projects, the Alicante City Council sent a letter to the Port Authority highlighting this situation and requesting "that they certify the square meters of the plot ultimately authorized for concession by XC Business 90 S.L., with the implications this may have for the environmental license obtained through positive silence declared by the TSJCV on the project dated February 7, 2013, on a 17,900 m² plot, and for the ongoing processing of the construction license with a project on a 21,500 m² plot."

In response to this letter, the Port Authority states that "in the contract for the use of surfaces, facilities, and equipment dated July 11, 2018, and submitted to this APA, the concessionaire TMS grants XC Business 90, SL a right of use over a 14,500 m² plot" and adds that "from the above, it can be deduced that the areas specified in the projects (basic and execution) as well as in the use contract submitted by the concessionaire TMS for the modification of the concession, do not correspond with the areas you indicate and refer to in your letter, which is hereby addressed."