The Yaiza City Council has reported in a press release that it already sent this Monday to the Superior Court of Justice of the Canary Islands (TSJC) a technical report commissioned by the Institution that proposes a partial demolition solution for the Son Bou hotel in Playa Blanca, in accordance with the judgment issued by the Administrative Litigation Chamber in October 2005. In this way, "it would strictly comply with the court ruling and adapt what has not been demolished to urban planning regulations," the Institution argues that Juan Francisco Rosa, owner of the establishment, should be in charge of materially executing said demolition, "without further delays," by hiring a company that has sufficient human and material resources to carry it out.
In line with this new diligence, Óscar Noda emphasizes that "the City Council has never stopped acting. What there was was an indeterminacy in the way of undertaking the partial execution, but now, after this technical opinion that we have commissioned, we propose to the Chamber a specific way of executing the sentence without further delays."
Since the TSJC issued the judgment in 2005 that ordered the partial demolition of the Son Bou hotel, the Yaiza City Council has been requiring the property of the lodging complex to proceed to comply with the court ruling. Both the legalization requested by the hotel, which was substantiated in the corresponding administrative procedure, and the indeterminacy of the way in which said partial demolition must be carried out, has delayed the material execution of what was ordered in the judicial resolution.
The City Council affirms that "with the purpose of ending such indefiniteness in the way of executing the partial demolition of the hotel, it proceeded to commission a technical opinion that would shed light on the way to execute the aforementioned judgment. This technical report contains a partial demolition solution of what has been built, which would allow strict compliance with the court ruling and adapt what has not been demolished to urban planning regulations."
Consequently, Yaiza has brought the aforementioned technical report to the attention of the Administrative Litigation Chamber of the TSJC, to submit the proposed solution to its consideration and approval, as a specific way of undertaking the ordered demolition, accompanied by a calendar of the various administrative procedures that must be carried out to proceed with the material and definitive execution of the judgment.
Yaiza defends "that the hotel property should be responsible for preparing the corresponding technical demolition project, in strict accordance with the solution offered in the aforementioned technical opinion, to later submit it to the license procedure, after the approval of the Municipal Technical Office." "And in the same way, it should be the hotel property that materially executes the partial demolition in its case authorized."
The Yaiza City Council would be obliged to carry out said work, through subsidiary execution, in the event that the hotel property does not comply with the obligations set forth, without prejudice to subsequently passing on the cost incurred.
"As we do not have our own means, from the City Council we would be obliged to tender said work in accordance with the Public Sector Contracts Law, with the consequent delay in the time of the total and definitive execution of the judgment," the mayor points out. In any case, it will be the Chamber that decides what is appropriate on the plan proposed by Yaiza in order to proceed with the execution of the judgment of partial demolition of the Son Bou hotel.
Papagayo Arena Case
On the other hand, the mayor of Yaiza confirms that the Administration responded on November 6 to the request of the TSJC referring to the Papagayo Arena hotel, another of the lodging complexes with a license annulled by the Courts. The City Council argues "that it is not possible to resolve the legalization file in process without the necessary reports from other institutions."
From the Consistory it explains that "there is a new protection easement derived from the partial annulment of the General Plan of Yaiza, and access to the sea must be reported by Coasts. The City Council, which states that it is not its intention to refuse to continue with the processing of the file, filed an administrative litigation appeal against the new demarcation of Coasts notified in July of this year."
The Ministerial Order of rectification of the demarcation of the assets of public maritime-terrestrial domain established that the protection easement in Playa Blanca, and in the surroundings of the reference project, is 100 meters and not 20 meters, rectification that affects part of the hotel.
Finally, from the City Council states that "it already clarified last August that in the event that the lodging complex complied with the parameters of the current General Plan, it could not grant a building permit without the definitive tourist authorization from the Cabildo of Lanzarote and the approval of Coasts, so as long as it does not have both authorizations, it will not be able to issue any resolution on the hotel's legalization project."
