The Supreme Court has dismissed the appeals against the ruling of the Superior Court of Justice of the Canary Islands that annulled the General Supplementary Planning Plan of the Yaiza City Council only in the part that was located on the coast (the public maritime-terrestrial domain and its easement zones).
As reported by the TS press office in a statement this Monday, the ruling is a consequence of the appeal filed by the Government of the Canary Islands, the Yaiza City Council and the company Yudaya SL against the annulment of the plan by the TSJC.
The Canarian court annulled it because a report, which was mandatory and binding, from the State's Coastal Demarcation had been omitted in the processing of the plan, the note states.
The Administrative Litigation Chamber of the TS in its ruling establishes that "essential procedural flaws in the elaboration of urban planning plans entail the nullity of the entire challenged plan, without the possibility of correcting the flaw found in order to maintain the validity of the plan with a subsequent correction."
However, in those cases in which the flaw found for the declaration of nullity can be individualized with respect to a certain territorial scope of the plan or specific determinations, the nullity of the plan can be declared with respect to those specific determinations, "without this authorizing to consider the nullity of full right remediable with the retroaction of the procedure."
Thus, in the case of the Yaiza plan, it should be "considered that the area affected by the declaration of nullity made in the ruling, to the extent that it affects the area in which the Plan in question orders the coastline" (article 117.2º of the Coasts Law), does not affect the remaining general determinations contemplated in the planning, which authorizes making that individualization of the effects of the ruling.
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