Territorial Policy takes a year to review the licenses of the Monkey Beach that the Justice investigates for alleged urban crimes


As they approach the final stretch the Criminal proceedings investigating alleged urban crimes in the expansion of the Monkey Beach Club, a leisure establishment located on the beachfront of the Tenerife municipality of Adeje; The Regional Government’s Deputy Ministry of Territorial Policy maintains the ex officio review of the authorizations that allowed the works of the building and for which the former head of the area, Jesús Romero (Canary Coalition), is charged, among others, as published by Mírame TV.

More than a year has passed since the Vice-Ministry of Territorial Policy, at the request of the Galaxia Residential Community, agreed to initiate a file for ex officio review of the two resolutions issued by Jesús Romero to allow the expansion of the Monkey Beach Club and a subsequent amendment of the project. To this day, a procedure remains unresolved, which, according to official sources confirmed to Mírame Televisión, “is pending the other parties to manifest.”

The inactivity of the Vice-Ministry of Territorial Policy in the administrative way contrasts with the laborious strategy that the Autonomous Community maintains in the criminal field, where is in charge of the defense of Jesús Romero himself. Two paths that pursue the same destination: avoid the demolition of a building that violates the Coastal Law, according to the criteria held by both the Prosecutor’s Office and the popular accusation, represented by the residents affected by the expansion of the building.

The representatives of the Galaxia Community requested in June 2020 the ex officio review of the authorizations issued by the Vice-Ministry in 2017 and 2019, in which the Adeje City Council used to grant the licenses that allowed the execution of the works. The Territorial Policy resolutions are key, in addition to because they promoted municipal action, since the autonomous government has the competence to interpret the Coastal Law in relation to the constructions that occupy the protection easement of the public maritime land domain, such as the case of the Monkey.

The Coastal Law is categorical when it comes to prohibiting works in buildings that occupy the protection easement and that involve an increase in volume, as well as to prevent the formation of architectural screens on the seafront. Legal objections that were ignored in the authorizations and that are choked in the offices of Territorial Policy, where the PSOE takes calmly the analysis of the possible invalidity of some permits that the Canary Coalition granted. Two parties facing each other in the regional Parliament but united by the same interest in the Adeje coastline.

It should not be forgotten that in the criminal case, together with the nationalist Jesús Romero, The participation of those responsible for Coasts in the Tenerife province is investigated; the Local Government Board of the Adeje City Council, including its mayor, José Miguel Rodríguez Fraga; and of an insular director of the Cabildo de Tenerife, the ex-councilor for Urbanism Ermitas Moreira. All of them under the stamp of the PSOE.

Although the neighbors submitted the request in June 2020, it was not until September when Territorial Policy went to the Galaxia Community to request the delivery of more documentation that proves its legal personality, as well as an email address to carry out the notifications about the procedure. The letter already includes the opening of the ex officio review file under number 2020/20181.

Appeal to the TSJC

The months passed without sounding the alarm in the inbox of the Community of Neighbors, which decided to go to court due to the lack of response from Territorial Policy. In February 2021, once the six months established by the legislation had elapsed, they filed an appeal with the Superior Court of Justice of the Canary Islands to request the ex officio review of the authorizations and, most importantly, ask the magistrates to enter the bottom of the conflict, given the inactivity of the administration, to dictate the nullity of the granted permits.

On February 17, a TSJC decree processed the residents’ appeal and agreed to request the administrative file from Territorial Policy. But the entry into the conflict of an actor wearing a toga did not serve to lift those responsible for the Vice Ministry from their lethargy, who continued without collecting the necessary reports until May.

Without news, the months of March and April passed on the calendar, until the TSJC, tired of the lack of response from the regional government, sent a new letter to Territorial Policy on May 7, 2021 where, “again”, it requested ” the urgent referral of the administrative file “. This time, the communication took effect, since only a few days later the ex officio review procedure of the authorizations of the Monkey Beach Club entered the main court of the Autonomous Community, as ratified in an ordination procedure dated 17 May.

It was in May when the communications to the parties involved were carried out. First to Costas, in a letter requesting the issuance of a report “to analyze those issues related to the impact of the extension of the Monkey Beach Club project to the different easements.” The letter also claims that the opinion addresses “the incidence of the constructions and the activities that they generate on the integrity of the public domain, the stability of the beach and the defense of the coast.”

In May, other communications were issued to the Western Coastal Planning Service of the Vice-Ministry of Territorial Policy itself, in order to report back on the ex officio review of authorizations, and to the promoters of the Monkey Beach Club, an establishment that It is owned by the children of José Fernando Cabrera, former president of the hotel association in the Tenerife province.

Despite the fact that more than five months have elapsed since the communications were issued, the Vice-Ministry limit themselves to justifying that the procedure is still pending because some parties have not responded to the requirements of Territorial Policy. An alleged blockade that prevents the final step to resolve the file, which involves requesting an opinion from the Advisory Council, which is mandatory and binding to carry out the possible cancellation of the authorizations.

From Territorial Policy, to this day, Mírame Televisión has not been answered a series of questions, sent last Friday, about the ex officio review file. The one who has spoken out in recent weeks is the TSJC, which has moved the conflict into a dead end.

In an order issued on October 5, the magistrates agreed to reject the appeal of the Galaxia Residential Community for “extra-procedural satisfaction”, considering that the claim of the neighbors no longer fits because the ex officio review is being processed in the Vice-Ministry of Territorial Policy. In other words, the TSJC does not resolve at the expense of the administration that opened the procedure, but the slowness with which the Government processes the file delays the possible resolution of the conflict.

Neighbors have already announced that they will appeal the court ruling because they insist that the courts cannot sit idly by while the administration does not act. For this reason, they are asking the TSJC to enter into the merits of the conflict and declare the authorizations null and void, which would also be an impetus for a criminal case in which, as a result of the latest procedures carried out, there are more and more indications that point to incompatibility. of the expansion works of the Monkey Beach Club with the Coastal Law.

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