The Superior Court of Justice of Canary Islands (TSJC) has accepted the appeal of a company that intends to install a cable skiing facility for water activities in almost 21,000 square meters on the beach of Los Cristianos, thereby obliging Puertos and the Arona City Council (Tenerife) to review the reports opposing it.
The court believes that the actions of the state body have caused helplessness to the entrepreneurs by not informing them of the municipal position so that they could rectify the deficiencies.
The project includes the placement of 10-millimeter steel cables that would pull the users who would be on water skis in a 442-meter circuit, for which it will be necessary to have a floating platform of 220 square meters and a floating dock of 165 meters that connects to the old pier of Los Cristianos.
The location is within the area used for swimming, at the mouth of the Aquilino ravine, frequented by swimmers, and therefore according to the City Council, it affects the activities of the municipal sailing school, which is on the same beach. The conclusion of the local corporation is that it “seriously jeopardizes the physical integrity of the users,” and therefore provides an unfavorable opinion.
The company went to court against the decision of the board of directors of the Port Authority, taken in July 2021, which refused to grant a concession that the TSJC now annuls and places the processing at a point prior to the City Council issuing its report, also negative.
This way, certain deficiencies incurred can be rectified, and the company can present any evidence it deems appropriate and know what the objections are, as they were not disclosed at the time.
Request
[–>
The promoters requested that Puertos explain why the same criteria were not followed as in previous actions such as the Sailing School and open water area of the Real Club de Tenerife and Charcos de Valleseco, and they ask that the expressions of support for the installation of this cable skiing be taken into account.
The Port Authority contacted the City Council to report on the initiative and its location as it affected the beach of Los Cristianos and the Coastal area, since this area had to be disaffected from port use.
The representative of the higher sports sailing technician, however, was in favour, and believes that both activities are compatible. A Civil Engineer agrees on the risk for swimmers and warns that the concession occupies 15.51% of the unused commercial area, while that of swimming is 15%.
However, it clarifies that there will be a swimming channel and for light sailing navigation that strictly complies with what is prescribed by law to ensure the safety of these users.
The TSJC believes that Puertos dismissed the proposal based on the City Council’s report, understanding that it would make no sense to process an administrative concession if later no activity could be carried out, although the municipal report was mandatory but not binding.
