RESIDENTS living beside one of the Costa del Sol’s ‘noisiest’ hotels have taken their mayor to court.
The group, including many expats, have accused Torremolinos Town Hall of violating their ‘fundamental rights’.
They claim it has failed to protect them from years of ‘excruciating racket’ from the cooling system of the Melia Costa del Sol.
A Torremolinos city council spokesperson said that the council has come to the conclusion that the hotel has not complied with the law and ‘the matter has been referred to the department responsible for enforcement and sanctions, with a request that the appropriate corrective measures be taken.’
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But Rodrigo Rico, president of the Gaona Sol community, told the Olive Press that it has been almost ten month since they submitted their last complaint to the town hall, and so far they have not received any official response or effective action to resolve the problem.
The town hall is also claiming that one of the residents had refused to allow one of the measurement tests to take place.
But Rico says: “I did not initially allow access to my apartment because the hotel’s machinery was switched off and the Town Hall wanted to carry out a simulated test coordinated in advance with the hotel itself.”
“At last that measurement was done in April,” he added.
Rico says the giant air-conditioning system has disturbed residents for years.
Community meeting records shown to the Olive Press prove that neighbours were complaining about the noise since as far back as 2010.
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The issue was formally reported to the city council in 2021, with residents describing ‘serious disturbance’ from the four-star hotel.
Noise barriers were later installed, but neighbours say they are ‘not good enough’ and have not solved the problem.
William Hands, 80, a British pensioner who has lived in the community for many years with his 82-year-old wife, who is in poor health, described the noise to as “horrendous”.
“The noise is constant as a background noise, the pensioner told the Olive Press.
“Only when the chillers are turned off can you realise how noisy they were and how tranquil the environment can get without them.”
He says the problem becomes particularly bad in summer, when the cooling systems ‘work around the clock’.
“We cannot enjoy a glass of cool wine on hot summer evenings on our balconies, or even have breakfast outside in peace,” he added.
At night, windows and shutters often have to remain closed, even during the hottest weather.
That is especially difficult for the children and older residents living in the community.
Over the years, different noise tests have produced very different conclusions.
A council report in 2022 found the hotel ‘complied with regulations’ and the case was closed without sanctions.
But a new council-commissioned test in February this year finally confirmed the noise did not comply with regulations.
Mysteriously, a second test was conducted in April, which ruled the noise was ‘at a legal level’.
Despite the result being challenged by the respected Calpe Institute of Technology, insisting there were ‘serious errors’ the council ignored it.
Then, last month, an independent Calpe Institute test recorded 57 decibels (dBA) and concluded the average was 11 dBA above the legal limit.
Now, at last, the town hall says the noise levels do not comply with the new rules. But according to neighbours, nothing has been done to force the hotel to reduce the noise.
The Olive Press has also contacted Melia Costa del Sol’s management for comment but had received no response at the time of publication.
Rico’s lawsuit against the Town Hall insists its failure to provide an effective solution has violated his ‘fundamental rights’.
He is seeking ‘immediate action’ and compensation.
The court hearing is expected in mid-September.
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