The Agency for the Protection of the Urban and Natural Environment (Apmun) has ordered the demolition of a single-family home in Tinajo. It is an isolated house with one floor and a flat roof, with an area of about 110 square meters, plus 20 square meters of terrace, property fencing and a corral. It is located in a place called "Casas del Yuco", in the municipality of Tinajo.
According to the Official Gazette of the Canary Islands (BOC) published this Thursday, the owner of the house, C.I.U.C., is required to submit a demolition project for this construction within a month, as "the first step in the voluntary execution of what has been ordered." In addition, Apmun warns that failure to comply with this requirement would lead to the Agency subsidiarily executing the demolition order at the expense of the offender.
According to the BOC, this resolution was confirmed in 2009, after the appeal filed against it was dismissed. Thus, it was confirmed "in all its terms" that the demolition decision was "in accordance with the law."
However, Apmun explains that "by virtue of the principle of minimum intervention that must govern administrative activity" and "proportionality", known in the urban planning field as "lesser demolition", it was decided to suspend the order upon verifying that a procedure for legalizing the construction, which was in process, had been initiated.
Later, dated February 2012, the Tinajo City Council informed Apmun of the withdrawal of the legalization requests for this construction. Therefore, given the result of the legalization process and once this path has been exhausted, the BOC publishes this Thursday the final resolution of Apmun, which obliges the owner to present a demolition project.
