The Agency for the Protection of the Urban and Natural Environment has ordered the demolition of two apartment and warehouse buildings located in the capital's Argana Alta neighborhood, because they were built "on rustic land protected for its natural ecological value, without the mandatory territorial classification and urban planning license".
The decision of the APMUN, which was adopted on June 30, was published this Tuesday in the Official Gazette of the Canary Islands, as it could not be directly notified to the affected party, Carmen Delia Guillén. In the resolution, the promoter of that construction is ordered to "restore the land to the state prior to the infraction for carrying out the aforementioned works".
To this end, she is required to "submit to the Agency for the Protection of the Urban and Natural Environment the corresponding restoration project within one month, as the first step in the voluntary execution of what has been ordered, warning her that failure to comply with this requirement will result in the Administration subsidiarily executing the restoration order, at the expense of the offender".
If she does not accept the decision, the alleged offender has one month to present an appeal to the APMUN, or two months to file an administrative appeal in the Courts.
Demolition and sanction in La Geria
In addition, the Agency for the Protection of the Urban and Natural Environment has also ordered the demolition of another construction in the protected area of La Geria, specifically in Los Combrillos-La Vegueta, belonging to the municipality of Tinajo. In this case, the promoter of the works, Jesús Antonio López, must also pay a fine of 290,000 euros, for a fault classified as "very serious" in the Laws of Territorial Planning of the Canary Islands and Natural Spaces of the Canary Islands.
According to the APMUN, the alleged offender built a house, pergolas, a warehouse, two walls and an access ramp "on rustic land for natural environmental protection affected by the Protected Natural Space called Protected Landscape of La Geria, without the mandatory enabling titles (territorial classification and urban planning license for its execution)".
In addition to paying the penalty, the promoter will have to re-establish "the infringed legal order and the altered physical reality", "adopting as a measure the demolition of the works and the restoration of things to the state prior to the alleged infraction". To this end, he will have to present a project to the APMUN within one month to carry out this demolition voluntarily, which would allow him to have a discount of up to 90 percent on the imposed fine. If he does not do so, the Agency itself will take care of the demolition, later charging the costs to the offender.