Three sentences confirm that tourist complexes with annulled licenses cannot be opened or operated

The courts of justice have issued three judicial sentences that corroborate that the tourist complexes whose licenses have been annulled cannot be opened or operated. One of them, dated October 8, 2009, notified yesterday to the Cabildo of Lanzarote, rejects the appeal that the company Cayest Turística filed against a resolution of the island's Presidency by which the entity was denied the authorization for the opening and operation of a complex of tourist apartments in the partial plan Las Coloradas.

The court confirms the correct procedure of the Cabildo of Lanzarote when denying the opening authorization to said establishment because the company made several modifications in the project of works that had not been authorized by Tourism, which meant that the complex materially realized (for which its opening and operating authorization was requested) did not correspond to the one that was projected at the time, the island corporation points out in a note.

According to the Cabildo, this ruling also warns that even if the project had remained unchanged, the authorization for its opening and operation could not be granted to said establishment because the Court warns of the "significant" "fact" that "as of today, the building permit on which the construction of the tourist building was based is annulled by a final judgment of the TSJC, which implies, following the doctrine of the Chamber, that the project authorized by that license has been left without legal coverage with all the legal material consequences, among them, of course, the impossibility of granting an opening license".

On the other hand, the same court has issued a ruling dated October 15 of this year, which annuls the licenses that were granted by the then mayor of Yaiza, José Francisco Reyes, to the company José Sánchez Peñate, SA for a project of 150 tourist apartments in plot K of the Costa Papagayo partial plan.

For its part, Court number 3 also issued a recent resolution executing the annulment of the licenses that were granted to the same company for another apartment complex in plot J of that same partial plan, to which is added the judgment of Court number 1 of June 16, 2009, which also declared illegal the licenses that the same former mayor of Yaiza granted to the company Filatur authorizing another apartment project in plot 5 of Las Coloradas.

With these judicial resolutions, explains the Cabildo, the number of establishments with a license declared illegal by the courts of justice amounts to 25, to whose possible normalization the legislative initiative that was presented yesterday in the Council of the Biosphere Reserve by the island institution is directed.

ACN