The Canary Islands Agency for the Protection of the Natural Environment, through a resolution from the executive director dated the 13th of this month and issued on the 16th (last Monday), has taken the decision to initiate an administrative process aiming to restore the legal status of urban planning concerning an industrial warehouse currently under construction in the area of Guaza, in Arona, by the car rental company Canary Islands Car (Cicar).
According to the complaint, which this newspaper has accessed, the construction work, both for the establishment and renovation of prior buildings, is being conducted without the necessary permits and is taking place on land classified as unscheduled developable land, which is comparable to rustic reserve land.
The accompanying image illustrating the resolution notified to the company, the Arona City Council, and the property registry of this southern municipality—the most densely populated in the region—shows that at that time, the construction consisted of two primary modules yet to be plastered, with three floors completed in one and two in the building on the right of the photograph, although with formwork and iron structures for new columns suggesting the possibility of a roof with walls in this latter structure.
However, the report submitted by the agents of the Medio and this photograph are dated May 16 of this year, and since then, the construction has progressed significantly, as evidenced by the image accompanying this text, where one can observe the three completed floors in the building on the left (adorned with a Renault sign, already plastered and painted), connected to a two-storey section leading to the other building, which is now occupied by vehicles and has a completed wall on the roof.
Despite the presence of the French car brand’s sign, the resolution solely refers to the well-known car rental company, which, at the request of this newspaper last Friday, chose not to comment on the situation. Meanwhile, the local Urban Planning department stated that it was not yet informed of this resolution as it had not been submitted to the council, thereby opting not to provide any comments or clarify whether it was aware of the construction works or not, whether they possess a license or if there are ongoing procedures or if the autonomous urban planning discipline body had previously requested anything from it, as occurred on July 24 of this year.
The Environmental Agency notes at the outset of its complaint that it remains unclear if the warehouse has received the requisite legal authorisation for these undertakings or “the mandatory administrative permissions, as mandated in articles 28.1.g), 37.1c) and 74.1 of Law 4/2017, of July 13, regarding Land and Protected Spaces of the Canary Islands, in relation to articles 330 and subsequent articles of the same legal document.” However, it later clarifies that on July 4, the company submitted papers regarding a request for “formal coverage of the works, through prior communication of significant rehabilitation work.” The Agency promptly informs the company that “this request is inadequate,” given that “major works necessitate a municipal licence.”
At this juncture, on July 24, the regional authority requested from the Arona City Council (jointly governed by PP, CC, and Más por Arona, a party comprised of and established by former PSOE councillors, including the Councillor for Urban Planning, Luis García) “information regarding any aspect of a possible regularisation of the situation, along with any other pertinent information, yet no response has been provided.”
Work Suspension Order
Consequently, after addressing the legal justifications, noting that such irregularities do not expire within four years, potential penalties, and the time frames associated with these types of cases, the Agency resolves to establish this administrative procedure, imposing a suspension of works, sealing them, as well as of any machinery and materials that may be on-site or within the building itself. It also alerts the company that failure to adhere to this order “will lead to the removal of the machinery and materials, with such costs being covered by it,” in addition to “the imposition, while the situation persists, of up to ten coercive fines, every ten days, ranging from €200 to €2,000, with the amount determined on proportionality grounds, taking into account the scope and significance of the urban action in question.”
Moreover, the Agency warns that should the order remain unfulfilled, the Public Prosecutor’s Office will be notified “for the purpose of seeking any applicable criminal liability for allegedly constituting a crime defined in article 556 of the Criminal Code.” Simultaneously, it reminders the company that “non-compliance with obligations not to act imposed by provisional or precautionary measures adopted due to the necessity to preserve legality and restore the disrupted legal order could be deemed a very serious infringement, independent of (the) primary violation, according to article 372.4.b) of the Land Law, punishable by a fine between €150,001 and €600,000 (art. 373.c).”
Utility Service Disconnections
The resolution additionally states that companies responsible for supplying electricity, water, gas, telephone, and telecommunications services will be instructed not to establish any service connections to this warehouse or, if applicable, to disconnect any existing services.
The developer is granted ten working days to access the complete file, one month to file an appeal or any objections deemed suitable, and two months if choosing to pursue an administrative appeal in court. If the developer restores the physical state disrupted by the construction, the fine may be reduced to only 10% of the total applicable amount. The Agency has also informed this complaint to the property registry of Arona and clarifies that the maximum timeframe to notify the resolution concluding this process is six months, after which it will expire and be filed, although the possibility of suspending the maximum timeframe or initiating a new one remains.
