The Second Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has issued a provision ordering the Yaiza City Council to deliver, within a period not exceeding five days, all information relating to licenses granted and which the Island Council considers to violate the latest revision of the Island Territorial Planning Plan (PIOT). In addition, it warns that the case will be immediately transferred to the Public Prosecutor's Office if the attitude maintained so far continues.
The High Court explains in its writings, dictated in the last days of October and the first days of November and to which this newspaper has had access, that it will not allow the provision of October 6 to continue to be unfulfilled, in which the Southern Consistory was already urged to deliver the documentation that its mayor says he keeps in large filing cabinets, warning that if no response is received, a coercive fine will be imposed on the authority or employee responsible for the referral. In addition, it highlights that if a municipal employee has not been appointed for these purposes, José Francisco Reyes himself will be the ultimate responsible party before the Administration of Justice.
On the other hand, the judicial document insists that the fine will be repeated every twenty days until what is required is fulfilled. "If the fines are not paid voluntarily, they will be enforced through judicial means of enforcement," he stresses.
The fines imposed range from 300 to 1,202 euros, and refer to several licenses granted on different dates by the highest authority of the Southern Corporation, José Francisco Reyes.
The first of the licenses, decreed in February 1999 -the moratorium had already been approved-, has to do with the commercial entity Teide 10 S.L. for the construction of a four-star hotel in the Montaña Roja Partial Plan; the second of the licenses refers to a resolution issued on June 1, 1998 for the construction of a hotel on plots 1 and 2 of the Las Coloradas Partial Plan; the third is a resolution of June 1, 1998 by which the company "Hotelera de Yaiza S.A." was granted a municipal building permit for the construction of a hotel on plot B of the Costa Papagayo Partial Plan and another resolution of May 10, 2001 that approves the execution project of the works initially authorized in the license; the fourth is a resolution of February 17, 2000 by which the company "Las Coloradas S.A." was granted a license to execute the construction of a tourist complex of 28 bungalows on plot 17 of the Las Coloradas Partial Plan; a fifth has to do with another resolution of the mayor of Yaiza issued on June 1, 1998 on "Hormigones Insulares S.A." for the construction of a hotel on plot H-2 of the Castillo del Águila Plan; a last one has to do with a resolution of March 10 on the company "Riversun Inmuebles S.L" for a license granted for the construction of a hotel on plot J of the San Marcial del Rubicón Partial Plan.
