The Administrative Litigation Court number 3 in Santa Cruz de Tenerife has ruled in favour of Melisolfi Consulting and has declared the suspension, sealing, and fine imposed on the Arts shopping centre at El Camisón beach null and void. This decision comes after a lengthy appeal process initiated in 2021 against the former mayor of Arona, José Julián Mena.
The court’s ruling nullifies the aforementioned administrative actions and deems the appealed acts annullable, reverting the proceedings to the point where the procedural error was identified.
Furthermore, the defendant Administration is expressly condemned to cover the incurred costs, capped at 1,500 euros.
Both the order suspending the ongoing work and the resolution initiating sanctioning procedures were issued without a technical report in the administrative file confirming that the works were being carried out without the necessary authorisation.
The Fine Imposition
In April 2021, the Arona City Council levied a fine of 190,000 euros against Melisolfi Consulting SL, the developer of the Arts shopping centre, for a serious infraction. This was due to unauthorised urban development works. The mayor, José Julián Mena, resolved the council’s administrative file on April 9 after rejecting the developer’s arguments, as reported by Diario de Avisos.
The Provincial Prosecutor’s Office of Santa Cruz de Tenerife filed a complaint on March 30 upon discovering evidence of an alleged urban planning violation in the shopping centre’s construction, which remains sealed. An official investigation was initiated in June 2020. The building allegedly does not comply with the current municipal planning regulations. The identified irregularities include an unjustified increase in the shopping centre’s height and surface area, which were adjusted to conditions from the Plan for Modernization, Improvement, and Increased Competitiveness (PMM) of Los Cristianos. However, this plan was never implemented as it was withdrawn by the Government of the Canary Islands.
