The ruling issued by the Administrative Court points out, as in previous cases, the absence of a binding and mandatory report from the Cabildo on compatibility with the PIOT

The Justice once again proves the FCM right and annuls another license to build a 400-bed hotel in Playa Blanca

The Administrative Court No. 2 of Las Palmas de Gran Canaria has annulled another license granted by the Yaiza City Council in 2003 to build a 400-bed hotel in...

February 18 2008 (20:37 WET)
Justice once again sides with the FCM and annuls another license to build a 400-bed hotel in Playa Blanca
Justice once again sides with the FCM and annuls another license to build a 400-bed hotel in Playa Blanca

The Administrative Court No. 2 of Las Palmas de Gran Canaria has annulled another license granted by the Yaiza City Council in 2003 to build a hotel with 400 beds in Playa Blanca, specifically on a plot of the Partial Plan of San Marcial de Rubicón, which was also not adapted.

As in previous resolutions, the Court argues the nullity of the permit due to "lack of the mandatory prior report of compatibility with the Island Territorial Planning Plan (PIOT) in force and for exceeding 50 percent of the building capacity for tourist accommodation".

Now, the license has been declared "contrary to legal order" due to the absence of said report as the precepts of the PIOT apply to it, including the limitation of the development of the Partial Plan.

The appeal was filed by the César Manrique Foundation in 2004 and the Yaiza City Council tried to prevent the appearance in the process alleging that it was presented "late", however the Court refuted the argument and has upheld the appeal annulling the administrative act "without making a condemnatory pronouncement on procedural matters".

The César Manrique Foundation has appealed, with this one, a total of twelve licenses that they considered to be in breach of the Island Plan, which means, according to the entity, 5,000 tourist places that are annulled, "to which must be added those corresponding to the lawsuits won by the Cabildo".

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