Government dismisses the appeal against the Ferreret Solar park in Marratxí

The Governing Council has dismissed the appeal for reconsideration filed by the Can Garriga Homeowners’ Association against the agreement declaring the PFV Ferreret Solar photovoltaic park, with a capacity of 10,000 kW, located at polygon 6, plot 239 of Marratxí, as an industrial project of strategic interest. The agreement, adopted in the session of September 25, 2026, is published in the Official Gazette of the Balearic Islands (BOIB) no. 122, of September 29, 2026, section III, page 52458, with official reference 1229259. The resolution exhausts the administrative route and leaves the installation one step away from its execution.

The contested declaration was published in BOIB no. 152, of November 18, 2025, and is based on Law 14/2019, of March 29, on strategic industrial projects of the Balearic Islands. The procedure included technical reports, approval by the Industry Council, and the final declaration by the Governing Council.

On December 18, 2025, Bernat M. M., acting on behalf and representing the Can Garriga Homeowners’ Association (NIF H57155764), filed an optional appeal for reconsideration —entry registry REGAGE25e00110173922— in which he also requested the suspension of the act. The appeal was submitted within the one-month period provided for in articles 30.4 and 124 of Law 39/2015 (LPACAP).

The decision of the Governing Council

The Governing Council, at the proposal of the Minister of Enterprise, Freelancers and Energy, agreed to dismiss the appeal in the session of September 25, 2026. The agreement consists of three points: dismissing the appeal, notifying the interested parties, and publishing it in the BOIB.

The resolution recalls that, in accordance with article 123.1 of the LPACAP and article 57 of Law 3/2003, of March 26, on the legal regime of the Administration of the Autonomous Community of the Balearic Islands, the resolution of an appeal for reconsideration corresponds to the same body that issued the act, in this case the Governing Council.

The file includes two previous unfavorable reports:

• That of the General Directorate of Circular Economy, Energy Transition and Climate Change, sent on September 14, 2026 (file RE022/22).
• That of the head of the Service attached to the Legal and Contracting Department of the Ministry of Enterprise, Freelancers and Energy, issued on September 17, 2026.

The arguments of the neighborhood appeal

The appellant alleged twelve reasons, among which:

• The violation of the protection regime applicable to rural land.
• The lack of reinforced motivation and weighing between the energy interest and the landscape, heritage, and residential values.
• The insufficient incorporation of the constraints from municipal and sectoral reports.
• The insufficient assessment of the impacts on the listed asset of Can Garriga and the adjacent residential environment.
• The withdrawal of the procedure before the Insular Commission for Land Use and Urban Planning (CIOTU) and its subsequent processing via the strategic route.
• The lack of accreditation of land availability and the promoter’s legitimacy.
• The lack of full access to information and effective participation.

The Government responds that the appellant does not provide any new evidence and that ownership or registry disputes are matters proper to the development, authorization, or execution phases, not a requirement demandable in the strategic phase.

Environmental and Heritage Constraints

The environmental impact statement (DIA), formulated by the Director General of Urban Harmonization and Environmental Assessment on January 17, 2025, is favorable and establishes concrete measures:

• Minimum setback with respect to the residential environment of Can Garriga.
• Perimeter vegetation screen.
• Restoration of dry stone walls and heritage elements.
• Electromagnetic field controls and acoustic limitations.

According to the DIA, the action is located on general rural land and in an area of high suitability for photovoltaic installations according to the Sectoral Energy Master Plan of the Balearic Islands, without affecting protected natural spaces, Natura 2000 Network spaces, or habitats of community interest.

Public Information and Judicial Route

The project was submitted to the public information process with dissemination in various media:

• BOIB no. 77, of June 8, 2024.
• Website of the Directorate General for Circular Economy, Energy Transition and Climate Change.
• Transparency Portal of the Administration of the Autonomous Community.
• Newspaper Última Hora, June 6, 2024.
• Newspaper Arabalears, June 8, 2024.

Against the agreement, which exhausts the administrative route, a contentious-administrative appeal may be filed before the Contentious-Administrative Chamber of the High Court of Justice of the Balearic Islands within a period of two months counting from the day after notification, in accordance with Article 46 of Law 29/1998, of July 13.

The agreement, signed in Maó on September 25, 2026, by the Secretary of the Governing Council, Antònia Maria Estarellas Torrens, and the President, Margarita Prohens Rigo, closes the administrative route and unblocks the processing of the photovoltaic park, a 10,000 kW installation that directly affects the residents of Can Garriga and the municipality of Marratxí. The conflict, however, may continue in the courts, as the Homeowners’ Association can still appeal before the TSJIB.

Source: Official Gazette of the Balearic Islands, no. 122, September 29, 2026, section III, p. 52458 (official reference: 1229259).