Cuna del Alma argues against the stoppage of the works: “it is manifestly disproportionate”

The promoter of the Cuna del Alma tourism project has filed allegations against the resolution of the Ecological Transition Council of stop the works by the appearance of the sad snake, since it considers the decision of the Government of the Canary Islands “manifestly disproportionate”.

Likewise, given the order for the definitive suspension of the works issued yesterday Friday by the General Directorate of Cultural Heritage of the Government of the Canary Islandsthe promoter affirms that it has not received the official notification and that, once it is officially informed, it will be analyzed by the legal services in order to make the appropriate allegations.

At the same time, the promoter indicates in a statement that it will study the possible judicial actions to be taken in defense of the rights acquired during these years “and that they are being systematically violated.”

Just yesterday, Friday, the promoter of the Cuna del Alma tourism project presented the allegations corresponding to the resolution of the General Directorate for the Fight against Climate Change on the precautionary stoppage of all works in the area of ​​Puertito de Adeje due to the appearance of the species named sad viper in the field.

These allegations indicate that the decision of the Government of the Canary Islands “is manifestly disproportionate in relation to the environmental risk that, supposedly, it intends to prevent, and lacks the slightest criterion of weighting and proportion.”

The promoter alleges that the stoppage of 100% of the urbanization work is disproportionate, since the specimens found only affect 10% of said works.

In addition, he argues that the number of plants found has little relevance in relation to the number of extant specimens.

For all these reasons, the promoter alleges “the inconsistency” between the decreed stoppage and the preceding actions in identical cases, permissive with the continuation of the works and the adoption of non-suspensive corrective measures, which are alternatives accepted by the qualified environmental bodies and by the General Directorate for the Fight against Climate Change itself in other similar situations where alternative options were sought.

In this regard, the promoter assures that in the construction project of the Montaña Reverón WWTP, in Arona, not only was the continuation of said works allowed, but the transfer of the seeds for their germination and subsequent repopulation was authorized.

Also in the environmental impact report carried out by the Secretary of State for the Environment on the sanitation and purification work of the western territorial system, in Guía de Isora and Santiago del Teide, it is indicated that in the presence of said species it is obliged to its preservation during the works, but without implying, therefore, neither the suspension nor that the approval of the project is unfavorable.

Also in the environmental impact assessment of the punctual modification of the PGO of Guía de Isora the presence of the sad snake is contemplated and the collection of seeds and their subsequent restitution is agreed, argues the promoter of Cuna del Alma.

It also adds that in the ecological impact statement, approved by Cotmac for the construction project of a bypass in the section of the Santiago del Teide-Guía de Isora-Adeje highway, it contemplates that corrective measures must be adopted, at the level of recommendations, before the presence of the sad snake, but in no case is the suspension of the works imposed.

The urbanization works of the Cuna del Alma project are public works of municipal ownership, like these cited examples that are also public, says the promoter.

In this regard, the promoter indicates in its allegations the existence of suitable alternatives for the conservation of the species without having to suspend the works, such as the translocation of seeds.

It is also considered that the alleged need to “inventoriar” the viborine specimens existing in an area “is neither an excuse nor a foundation” for the stoppage of the works until said inventory is carried out.

The allegations also indicate the seriousness of the damages that derive from the actions of the General Directorate for the Fight against Climate Change that affect the municipality and the island, such as the stoppage of the hydraulic and road works that were planned, the damages derived from this stoppage and the risk of loss of investment legal security.