Part of the works that the businessman Juan Francisco Rosa is carrying out in the Fariones hotel have nothing to do with the license that had been granted to him. In fact, the City Council already had to seal part of the works last October, specifically those in the pool area. To try to legalize these works, Rosa presented a modification of the original project, but has also presented two others, for new interventions that were not included in the original project.
One of them is for a spa that he also intends to build in the hotel gardens area and, upon not receiving authorization from the City Council, the businessman decided to file a lawsuit, which is already being processed in the Contentious-Administrative Court number 3 of Las Palmas de Gran Canaria, as the Consistory published this Monday in the Official Gazette of the Province.
Meanwhile, the City Council has asked the property to certify the works executed 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. However, the Councilor for Urban Planning of Tías, Saray Rodríguez, states that for the moment the Consistory could not intervene by sealing other works again. And it is that she affirms that the new Land Law approved by the Government of the Canary Islands prevents ordering seals on unauthorized works until it is determined that they are illegalizable. And in this case, the other two modifications are still in the phase of determining it.
Verify that the modifications do not exceed the buildability
For the moment, what the City Council has asked the owner of the Fariones hotel is to present a joint project with the three modifications that he intends to be approved. "He presents them as an independent work, but they are still modifications of the project that does have a license, and we have to look at them as a whole", the mayor specifies. And it is that among other things, she points out that this is what will allow to determine 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," insists the Councilor for Urban Planning.
In addition, she defends the work that the Consistory is doing to monitor these works and assures that so far they have already carried out three inspections. It was in one of them when they detected "ex officio" the illegal works in the pool area, which had been expressly denied in their day, based on a negative report issued by the Heritage area of the Cabildo.
In this case, and precisely thanks to that report, Saray Rodríguez explains that they were able to "seal automatically", and now they are waiting to determine if it can be legalized and continue the works with the modification of the project presented by the businessman or if the seal is maintained.
He did not present the reports with the request
Regarding the modification for the spa, which is what has given rise to this lawsuit in the courts, from the City Council they maintain that Rosa did not even initially present all the documentation when registering his request. In fact, they explain that he was required to provide three sectoral reports that were mandatory.
However, what Rosa did then was to file a lawsuit against the "presumed dismissal" of the request, understanding that it had been rejected by administrative silence. However, since then he has been presenting the missing reports, although one of them is still being analyzed by the Consistory technicians to see "if it is correct". "We are going with tweezers and we do not want to be wrong with anything," they specify.
In addition, the Councilor for Urban Planning warns that even if the sectoral reports for the spa modification were in order, they could not give him the authorization, since it cannot be analyzed in isolation, but jointly with the other two that the businessman intends to be authorized, to verify that between the three do not exceed the buildability of the plot.
As for the third modification, it would apparently be to intervene on the promenade, whose access is cut off precisely by this hotel. In this case, the work was also not included in the initial project that was authorized, but despite this it could have been started without permission. "We have required them to certify what has been executed, to see if it matches what is in these three modifications," insists the councilor, who alleges that they have little staff and technical means to verify the legality of the works that are being carried out, both in the building itself and in the outside areas, although she reiterates that they are working on it and "looking at everything", and that they plan to go to "measure and scan".