The Urban Planning Department of the City Council of Santa Cruz de Tenerife has given approval for the demolition of the Plaza Militar building located at 6 Ramón y Cajal Street, at the corner of Galcerán and Miraflores streets. This decision was made in compliance with a court ruling, after the owners had taken legal action against the initial denial of the demolition permit and the court ruled in their favour.
Subsequent to the court’s ruling, the Council of Tenerife Island sent a letter to the Management requesting a halt to the demolition. They argued that the property, while lacking any form of official protection, holds heritage value.
In response to the letter from the Council, the City Council of Santa Cruz, through its Urban Planning Department, clarified that the demolition permit was granted in accordance with the final court judgment. This decision followed a judicial process in which the Council had been summoned, although the appearance did not occur.
After the completion of all procedural steps, a verdict was issued in March 2023 annulling the initial decision by the Urban Planning Department to deny the demolition permit. The court deemed that an administrative demolition permit had been obtained through positive administrative silence. Subsequently, with the finality of the ruling, the Management was directed to carry out the demolition.
Obtaining the necessary demolition permits was a lengthy legal process for the property owners. Previously, the Urban Planning Department of Santa Cruz had rejected requests for demolition authorization due to the Historical Heritage Department of the Cabildo asserting the need for protection of the building due to its historical, artistic, and architectural significance.
Therefore, the Urban Planning Department asserts that the execution of the final court ruling, which is considered “res judicata”, is not open to challenge or alteration. The City Council’s actions have been in accordance with the court’s directives. In light of these circumstances, the Island Corporation is entitled to pursue further legal recourse in defense of the requests outlined in the ruling.
It is important to note that without a new judicial ruling to revoke or suspend the previous decision, the resolution of the Island Council dated August 2, 2024 cannot be enforced. Compliance would constitute a clear act of disobedience to judicial authority, as outlined in article 556 of the current Penal Code.
