The second section of the TSJC has upheld said appeal, annulling the processing of the partial plan. The sentence indicates that the definitive argument to annul the revision of the partial plan is that said plan "is left without legal coverage." This is because that revision of the partial plan was carried out to adapt it in turn to the revision of the Island Planning Plan (known as the Moratorium). The Chamber points out that this Decree is being annulled by several sentences and therefore the doctrine of the Supreme Court of the "linked acts" is applicable.
"Ultimately?the sentence points out? the annulment of Decree 95/2000 (the Moratorium) to which the partial plan that concerns us was agreed to adopt leads to the disappearance of the procedural budget that that adaptation implies, so that, as far as it matters now, it is not so much the pronouncement on aspects such as whether the lack of notification of the plaintiff, if applicable, had an impact on the validity of the revision of a Plan to a Decree that obviously had it, but rather the impact that the annulment of the latter has on said Plan that is left without legal coverage."
The appellants, owners of a plot of only 500 meters, alleged that they had not been notified of the processing of the partial plan of the golf course by the Tías City Council. The sentence recognizes that "it does not appear that the compensation project for the golf course was initially approved or that the affected parties were notified. Nor was the compensation project definitively published, nor does it appear that there has been an agreement "on the specific system of action since the promoters of the plan directly opted for the compensation system."
Another element of nullity recognized by the Chamber is that the definitive approval of the partial plan was not notified to the affected owners, a matter that is mandatory according to the Law on Land Regime and Urban Planning.
The revision of the partial plan of the golf course was definitively approved on December 30, 2002. On May 28, 2001, it was approved for the first time, but the agreement was not valid since that same day in the morning the Government of the Canary Islands had decreed the suspension of approval of partial plans, which, on the other hand, had been lifted two days before.
The golf course is currently in operation and the partial plan belongs to the company 'Promociones Costa de Tías', in which José Cecilio Salces, Rafael Lasso and Juan Francisco Rosa appear as administrators.
ACN Press