José Antonio Gutiérrez, Councilor for Urban Planning of Tías, has announced that the City Council appealed to the Supreme Court the ruling of the TSJC that annuls the Partial Plan of the Golf Course of Puerto de Carmen. "Not doing so would be against our conviction to reduce the load capacity of the island and the spirit of the island moratorium." According to Gutiérrez, "the Court, beyond what the appellant denounces, considers the modification of the plan as really important for its annulment, which it interprets as an adaptation to the moratorium. And since the moratorium has been annulled in successive judgments by the TSJC, it also considers this modification null."
On the other hand, for the PP of Tías, the most outstanding aspect of this ruling is that the Court annuls the partial plan due to a formal defect, given that it recognizes that the city council did not notify the appellant, owner of a plot affected by the partial plan, of its final approval. This argument, according to the PP, is what leads the court not to enter into the assessment of the rest of the claims of the appeal filed. The popular councilors of Tías are going to request a legal report on this issue to know the effects and scope of the ruling.
For the Councilor for Urban Planning, this ruling, issued by the TSJC in June, although it has been made public during the week, has no major consequences for the Plan and the facilities that have been carried out on it, such as the golf course, nor on those that are planned. In fact, he understands that these actions could be carried out since they are contemplated in the current General Plan. "The ruling has no consequences because what it says is that the annulment of the partial plan has to do with the lack of legal coverage due to the annulment of the island moratorium. But we approved the General Plan in 2005 and it is reflected there and therefore the modification that was made has coverage, the only way in which consequences could arise for this area is if the Supreme Court were to ratify the annulment of the island moratorium at some point."
The councilor emphasizes that it is important "to remember that the modification of this partial plan was intended to reduce the number of places in the hotel planned in those lands, which went from having 900 to 600 beds, which has been interpreted by the Canary Court as an adaptation to the moratorium, which results in the nullity of the same according to the ruling."
Although the Tías city council finds it difficult to understand that it has been precisely for reducing the number of beds that this plan is annulled and they assure that it would be more logical if it were annulled for an increase in the load capacity.
On the other hand, he considers that "this partial plan came from the subsidiary regulations, regulations that have been superseded by the current General Plan, now in the adaptation phase to the law of guidelines."
As it is not a final judgment, the city council has considered it appropriate to appeal to the Supreme Court "we believe it is convenient and in accordance with the spirit of not growing more and we consider it a mistake to return to plans that had a greater load".