With the declaration of harmfulness of a license granted to build three houses in Montaña Roja, the mayor acknowledges that the license "was granted erroneously based on a confusion of the technical report", because only the construction of one house and not three could be allowed. The mayor excused the "error" arguing that within the Partial Plan of Montaña Roja only the plot in question has a territorial classification that does not allow that volume of housing and that they realized this when doing a detailed study.
As pointed out by the Corporation's secretary, the City Council is entitled to declare the harmfulness of the licenses it grants within four years after that concession. Once the declaration is approved, the City Council will file an administrative contentious appeal for the license to be annulled. The issue is that the developers of the three houses to whom the construction permit was granted are now claiming compensation of 500,000 euros, which opens a new judicial procedure for urban planning issues for the City Council.
The three parties in the opposition showed their support for the declaration of harmfulness but also expressed their concern about the money that this procedure will mean to the municipal coffers "due to an error", as pointed out by Leonardo Rodríguez. "Where is the City Council going to get the money for the compensation?" was the question raised to the mayor by the councilor.
Gladys Acuña for her part valued "positively" that the City Council recognizes "that a license is wrongly granted" given "the circumstance in which the City Council is with respect to the licenses", and expressed her "sorrow because it does not occur more frequently and in thorny issues such as the thousand homes, I wish they would review them".
The socialist councilor, Olivia Cedrés, spoke in the same vein, expressing the need for the City Council to "review all the licenses" granted supposedly irregularly. "It even seems ironic that they bring the declaration of harmfulness or a motion to ask that Yaiza be a municipality without transgenics when there are so many hotels where they should not be", concluded the councilor.
The thousand homes, again in the Plenary
The controversial license granted by José Francisco Reyes for the construction of a residential complex of more than a thousand homes and two hundred premises in the Cortijo de Costa Roja estate was also present again in the Plenary. And it is that both CC and PIL referred to this permit although for different reasons.
In the section of requests and questions, Leonardo Rodríguez addressed the mayor to "beg him not to put this municipality in more judicial procedures that mortgage its future". And it is that according to the nationalist spokesman, the City Council has disbursed 275,000 euros in fees to its legal services for filing an appeal against the precautionary suspension of the license decreed by the Justice.
"Almost 50 million pesetas to try to get it built as soon as possible and also if the City Council loses the appeal, it will also have to pay the costs of the other party", said Leonardo Rodríguez, who put the complete judicial procedure for the license of the thousand homes (taking into account that it was challenged by the Cabildo) at 69 million euros. "I ask you not to spend so much money for purposes that are detrimental to the municipality", he concluded.
Before the request of CC, the mayor José Francisco Reyes estimated that the City Council "has to defend its interests and spend what it has to spend" and complained that "Yaiza gets everything lately", although he trusts that "in the end, time will prove us right". When asked later about the 17 judgments issued by the courts against him and in favor of the Cabildo's theses regarding the containment of construction in the territory, José Francisco Reyes assured that "they are useless, they have been annulled due to a defect in form".
For her part, Gladys Acuña denounced that the mayor signed a decree on November 29 by which permission was given for the channeling of ravines and pipes in several streets of the Costa Roja plot. "You know that there is a precautionary measure that suspended the works on this estate so I ask you to leave the party in peace". Reyes defended himself assuring that "one thing has nothing to do with the other" because although the license was suspended, other works can be done "such as removing a water pipe that passes through the middle of the estate and its owners want it to pass through the edge".
