The Superior Court of Justice of the Canary Islands has halted the mobility and road safety ordinance of Santa Cruz de Tenerife, which granted the City Council the authority to restrict vehicle access for environmental reasons and establish urban zones.
The court’s decision, issued on April 24, responds to a request by the Urban Centro El Perenquén Neighborhood Association to suspend five articles of the municipality’s mobility and road safety ordinance. These articles, published on January 17, 2024, include provisions allowing the City Council to prohibit vehicle access in certain areas and restrict parking based on environmental or public health considerations.
The court, charging the procedural costs to the City Council, found merit in the Association’s argument that the ordinance lacked justification and violated legal certainty and proportionality principles.
The suspended provisions granted the City Council powers to regulate vehicle access, parking, and circulation in specific zones and pedestrian areas, including the establishment of an urban area.
The Association’s legal challenge cited concerns over the lack of specificity in the ordinance’s measures, particularly regarding access restrictions and parking bans based on environmental labels issued by the authorities.
The court’s order highlighted the need for the City Council to adhere to legal procedures and conduct a thorough regulatory impact analysis before implementing any new city models. It emphasized the importance of upholding public interest while formalizing any legislative changes.
The Neighborhood Association argued that the ordinance failed to define the scope of pedestrian priority zones and urban areas adequately, leading to uncertainties and potential rights violations for residents and businesses.
In conclusion, the court upheld the suspension of the contested provisions, emphasizing the need for clarity, specificity, and compliance with legal requirements in any future urban planning initiatives.
