Another license for a 600-bed hotel in Costa Teguise has been annulled. The appeal was filed by the César Manrique Foundation, and as in previous occasions, the TSJC declares the license null and void due to the absence of mandatory municipal and Cabildo reports.

Another license for a 600-bed hotel in Costa Teguise has been annulled

The Section of the Administrative Litigation Chamber of the Superior Court of Justice of the Canary Islands (TSJC) issued a ruling last January upholding the appeal filed by the Foundation...

March 4 2008 (15:32 WET)
Another license for a 600-bed hotel in Costa Teguise has been cancelled
Another license for a 600-bed hotel in Costa Teguise has been cancelled

The Section of the Administrative Litigation Chamber of the Superior Court of Justice of the Canary Islands (TSJC) issued a ruling last January upholding the appeal filed by the César Manrique Foundation against the license and subsequent extension granted by the Teguise City Council to a hotel with 600 beds on plot 210 of the Costa Teguise Partial Plan.

The ruling reiterates the criteria followed by previous rulings, and points out that, before granting the license, it was necessary to obtain a mandatory and binding report of compatibility with the PIOT from the Cabildo. As the ruling itself states, "no great interpretive efforts are necessary to deduce that the Cabildo's report, in the situation of the municipality of Teguise on the date of the administrative procedure, made it impossible to grant the license without that prior, binding, and mandatory report."

In addition, the TSJC ruling again cites the absence of the corresponding municipal reports: "In the case, in addition to the legal report, the technical report is also missing, which together with the previous one is, precisely, the guarantee of making available to the body in charge of resolving the criteria for the exercise of its competence to control the legality of urban planning activity, that is, of the justification that said activity conforms or does not conform to the legality and urban and territorial planning."

The Court's pronouncement is forceful in affirming, finally, that "we consider that what has been stated implies the verification of invalidating irregularities in the procedure of such magnitude (absence of mandatory reports from the municipal services and mandatory reports, one binding and the other from the Cabildo) that allows us to conclude that, in reality, there was no procedure and that the nullity of the granted license must be declared, which entails the nullity of its extension."

With this ruling, there are already thirteen procedures imposed by the FCM against licenses granted by the City Councils of Teguise and Yaiza that have been upheld by the courts in recent years.

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