The Superior Court of Justice of Canary Islands (TSJC) has rejected the request of the Adeje City Council to lift the precautionary suspension that weighs on the works of the Cuna del Alma project dictated by him Government of the Canary Islands by threaten the ‘sad viborina’, a protected plant.
The Canarian high court rejects the claim of the Adeje City Council, considering that the damages that could arise from the resumption of works “could be irreparable”.
All this taking into account that “there is no study available on the presence of environmental values protected by state and regional regulations in the entire scope of project development.”
And furthermore, because according to the bibliographic information available in the Biodiversity Service of the Ministry of Ecological Transition, Fight against Climate Change and Territorial Planning, there is evidence of more than 65 protected species that make some use of the territory within the scope of the project.
The TSJC states that a partial study commissioned by the Cabildo de Tenerife shows that there are “significant differences” between the bibliographic information available and the “real presence” of species and habitats in the project area.
And it adds that an analysis has not been carried out of the possible impact of the different work units planned in the urbanization project on the habitats and species subject to protection, nor is there an assessment of the impact on them, nor if that condition is significant, nor corrective or compensatory measures.
The TSJC emphasizes that “of course, this does not necessarily have to be the case, but the starting point is the presumption of veracity and correctness of what was verified by the competent administration”, the Government of the Canary Islands, so “it does not seem” that in this investigative phase “it can be considered that there are sufficient elements of judgment to suspend the suspension.”
