The Superior Court of Justice of the Canary Islands has rejected the appeal presented by the Tías City Council and has confirmed the ruling that ordered "the sealing and cessation of activities carried out in the La Ola Complex", located on Avenida de Las Playas in Puerto del Carmen.
In that ruling, dated November 15, 2007, the Contentious-Administrative Court Number 3 stated that the construction was carried out illegally, as it lacked a license to do so, and that it affected the easements of transit and protection of the maritime-terrestrial public domain. In addition, the Tías City Council itself ordered the stoppage and sealing of the works in its day, and the general director of Territorial Planning of the Government of the Canary Islands authorized the demolition of the construction. However, as the ruling indicates, the Council initiated the files, but did not continue them.
"The conduct of the Tías City Council is one of inactivity", states the TSJC ruling, dated December 12, 2008 and made public this Friday by the newspaper Canarias 7. But the Court goes even further in its assessment of the role that the Council has played, stating that "in addition to not acting against the illegality, it goes to the courts to defend it, requesting without further ado a file of the procedure, knowing that the premises do not have a municipal license, that the only technical report on file says that it does not have one, that it is affected by a protection easement zone and that the opening license is not on record".
In addition, the Court makes it clear that the Decree that the Council initially issued "is not just a paper ordering the suspension of the works, but also the Corporation should have sealed everything, ordering the non-granting of the supply of electricity, water and telephone, to prevent the completion of the works". In short, for the TSJC, "it is about the City Council ensuring the urban legality of the municipality, as is its legal obligation".
