The Court upholds the appeal of the residents and considers that the parking lot violates the zonal ordinance on heights. The parking lot has seven floors above ground (a commercial ground floor plus six floors and a parking basement) and the General Plan of 1997 allowed in that area only six as maximum.
The activity opening license was granted to the entities Lauralanz S.L. and Sonilanz S.L. and the construction license to the first of them. The residents also challenged the opening license, granted previously, but the Court has dismissed the appeal as untimely. It has also dismissed the other six grounds for annulment alleged by the appellants.
The TSJC considers that the interpretation made by the City Council of article 190 of the General Plan of 1997 constitutes "an isolated and biased interpretation of the text, taken out of context." Said article establishes two height limits: the total and the number of floors, and the Court points out that both limits must be respected and not just one of the two. The ruling says that "what is raised, in truth, more than a technical question is a strictly legal question of interpretation of the determinations of the General Plan".
SECOND PARKING
The City Council cannot appeal against the ruling, which will have to start the process again to check if a new license can be granted based on the basic Adaptation of the General Plan of 2004.
The parking lot is currently in operation. On the ground floor there are also several shops open to the public, a dry cleaner, a real estate agency and a cafeteria, among others. It is the second parking building that is declared illegal in a few months in Arrecife, after the annulment by the Supreme Court of the Islas Canarias parking, under the Arrecife Gran Hotel.
ACN Press
