The Yaiza City Council has received the "support" of the legal services of the Government of the Canary Islands in the lawsuit against the annulment of the General Plan and also requests the Superior Court of Justice of the Canary Islands to correct the material error detected in the sentence.
The Regional Executive has submitted a letter to the TSJC, explicitly joining the reasons expressed by the City Council, requesting the "correction of material error of said sentence", which takes for granted that the report of the Highway Service of the Cabildo of Lanzarote and that of the Vice-Ministry have agreed content, to end up upholding the appeal for the report of the Highway Service of the Cabildo that does not have the character of binding". Thus, the Canarian Government considers that "it is necessary to remedy this fact".
The mayor of Yaiza explains that "this substantiated request for correction of material error to the TSJC is a prior step to the appeal in cassation before the Supreme Court, in which we continue working equally. In this sense, we positively value the decision of the Government because it supports our defense and demonstrates its willingness to accompany us before the Supreme Court if necessary."
Yaiza and the Government of the Canary Islands maintain in their request to the TSJC that the manifest error of the sentence consists in that the report of the Vice-Ministry of Infrastructure and Planning, which is binding, "does not make any reference to the new roundabouts planned for the LZ 2 that are included in the planning plans of the General Plan and whose location refers to the planning as indicative". And it adds that "said mention is made, only, by the report of the Highway Service of the Cabildo, which lacks binding character."
The roundabout that the Vice-Ministry mentions in its report is, in the words of the Government, "the one that gives access to the nucleus of Playa Blanca, on the LZ 2, as is more than public and notorious, is pre-existing to the initial approval and processing of the Yaiza Supplementary General Plan".
The report of the Island Council adds from the City Council "only has the character of mandatory but not binding, unlike the Report of the Vice-Ministry of Infrastructure of the Government of the Canary Islands, which is mandatory and binding, but alien to any issue related to any new roundabout on the LZ 2 road, having limited itself only to the building line". (...) "The error of wording in the report of the Island Council has led that Chamber to confusion: there are no new roundabouts that affect the LZ 2 road; only the pre-existing ones are there."
