Businessman Juan Francisco Rosa has filed two more lawsuits in court against the Tías City Council for not authorizing the modifications he has made to the expansion and renovation project of the Fariones hotel. Since starting the works, Rosa has presented three different modifications, which have not been authorized by the City Council. One of them, to build a spa in the hotel gardens area, already led to the opening of a first lawsuit, which is being processed in the Contentious-Administrative Court Number 3 of Las Palmas. Now, two more have been added to that lawsuit, corresponding to the other modifications that he wanted to be approved.
One of them affects the promenade area and the other the pool. Furthermore, at least in this case, the businessman started those works without authorization from the City Council, so the City Council had to stop the works. As for the rest, they could also have been started without authorization, although the City Council affirms that it cannot intervene until it has reports that prove that the works are not only illegal, but also impossible to legalize.
In the case of the pool, the difference is that there were already negative reports from the Heritage area of the Cabildo, which concluded that these works could not be authorized. Despite this, the businessman began the works, which were detected in an inspection carried out by the City Council. The subsequent denial of that permit to try to legalize those works, together with the third modification that he requested, is what has given rise to two new lawsuits before the Contentious Courts Number 2 and 4 of Las Palmas, as published this Monday by the City Council in the Official Gazette. In this way, a period of 10 days is opened for interested parties, if any, to appear and appear in the proceedings.
The City Council verifies if the buildability has increased
"He presents them as an independent work, but they are still modifications of the project that does have a license, and they must be looked at as a whole," explained the Councilor for Urban Planning of Tías, Saray Rodríguez, after learning of the first lawsuit filed by Rosa after seeing the permit denied for one of the modifications.
For this reason, the councilor specified that what was requested from the owner of the Fariones hotel is that they present a joint project with the three modifications that they intend to be approved. And it is that, among other things, that is what will allow determining if the whole exceeds the buildability allowed in the Modernization Plan of Puerto del Carmen, under which these works were authorized. "We have to see the total meters," insisted the Councilor for Urban Planning.
In addition, the City Council has asked the property to certify the works carried out so far, both in the building itself, to see if it matches what had been authorized, and those that could have already been started to execute some modifications of the project that have not been authorized.
A fourth lawsuit for the payment of fees
To these three lawsuits for the modifications of the project is added a fourth related to the payment of fees linked to these works. Specifically, Rosa opposes paying the settlement for the Private Use or Special Use of the Local Public Domain, for the fence that he placed on Timanfaya and Roque del Este streets of Puerto del Carmen to carry out the works.
Last October, the businessman filed an appeal with the City Council against that settlement, which was rejected on February 5 with a decree signed by the Councilor for Finance. Then, Juan Francisco Rosa went to the courts, filing an appeal against that decree, which gave rise to a new judicial procedure.
