The Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands notified on September 15, 2008, the Judgment issued in the appeal filed by the Cabildo of Lanzarote against the licenses that the mayor of Yaiza granted on June 1, 1998, and January 10, 2001, to the company "Hotelera de Yaiza S.A." for the construction of a 660-bed hotel on plot "B" of the Costa Papagayo Partial Plan.
The High Court upholds the appeal filed by the Cabildo of Lanzarote and declares null and void the licenses that the mayor of Yaiza granted in 1998 and 2001 to the Princesa Yaiza Hotel. It affirms that said permits were granted by the City Council applying only a partial plan approved in 1974, which was not adapted to the Island Plan, without the prior, mandatory, and binding report from the Cabildo of Lanzarote, which for the authorization of works in unadapted plans is an absolutely necessary requirement demanded by Law, as it is a planning hierarchically superior to the municipal one. As in all the licenses appealed by the Cabildo, the report was not even requested in this case.
Said report was issued by the Island Plan Office during the defense of the judicial procedure, and it warns of the incompatibility of the hotel project authorized in the two municipal acts appealed with the Island Plan of 1991 and with the ordinances of the Partial Plan itself, although the ruling does not pronounce on the analysis of these material issues and their consequences because the Court considers that they should be considered in the execution phase.
According to the Cabildo, "the High Court confirms, once again, the prevalence and superiority of the Island Plan of Lanzarote and its mandatory and binding force for all city councils." Regarding the consequences of the ruling, it also warns in the Eighth Basis of its Judgment; once the nullity of the licenses has been declared, it means that "said acts disappear from the legal world, which means that any work covered by said license is left without legal coverage, with the material consequences that derive from it, among which demolition is not excluded."
The ruling concludes "expressly recognizing the right of the Cabildo of Lanzarote to the restoration of the legal order altered -by the annulled acts- which is the consequence of any annulment of a license that authorizes a building act."
With this new ruling (number 25 of those that have been issued in the appeals filed by the Cabildo), against which no appeal is possible, all the licenses that covered the construction of the hotel of that name and its current annex (initially known as Aparthotel Son Bou) have been annulled, whose license was annulled in a Judgment of this same Court of 10-31-2005, confirmed by the Supreme Court in a recent Judgment of 4-24-2008.