As if nothing had transpired, perhaps due to not yet receiving the resolution from the Environmental Protection Agency, the work on the industrial facility in Guaza, located in the municipality of Arona, the most densely populated area in southern Tenerife, proceeded on Tuesday morning as if it had not been halted by the regional urban planning authority since the 16th of this month, despite the executive director’s signature from the 13th.
As evidenced by the images from this morning accompanying these lines, workers remained engaged in their daily duties on a property owned by the car rental firm Canary Island Car (Cicar) which was purchased from businessman Diego Cano, the very promoter of the El Camisón shopping centre that triggered a crisis leading to the dissolution of the absolute majority held by the Arona PSOE in 2020. This culminated in the rise of Más por Arona (four councillors as of May 2023) and the alternate governing team from the same formation, arising from councillors critical of the former socialist mayor José Julián Mena in conjunction with the PP and CC.
The ongoing construction of this warehouse, which is also central to the PSOE’s schism and consequent loss of authority, has been reported to the Environmental Agency, the local court number 4, and the Civil Guard since last Friday. The original complainants of this refurbishment and extension of the building asserted that it had been conducted without continuous use, according to their account and multiple reports from the local Police (backed by testimonies from neighbours) since 2012. However, there are conflicting interpretations and documents from the local Urban Planning department, which have sparked intense internal disputes between officials (municipal secretary and secretary against architect Damián Hernández over whether granted commercial use could be revoked), as well as conflicts involving Mena and the Urban Planning councillor with the PSOE and, presently, with Más por Arona, Luis García.
This councillor, in fact, testified last July before court number 4, stating that he was oblivious to the renovation and expansion activities in this warehouse, although the complainant asserts that these have been ongoing and reported since 2021 due to the absence of the necessary permits and licenses, particularly the municipal major works licence, which is the primary reason behind the Agency’s decision to halt the work.
The councillor was “not truthful” in his July statement, claim the complainants
The complainants filed a document with the court on the 17th of this month (supplementing another submitted on July 27th) alleging that the councillor “was not truthful” in his statement by claiming ignorance of the activities. Furthermore, they remind that, on March 31 of this year, they had already asserted that these works have been deemed illegal since 2021 (the year of their initial complaints), and “illegalizable” due to being conducted on rustic land (more specifically, as per the Environmental Agency, on one classified as “unscheduled developable, equivalent to a rustic reserve”). “Thus, they argue, the defendant lied, as he was fully aware that (illegal) work was being carried out within the implicated warehouses, regarding which he has exhibited an attitude of complete passivity.”
They also query his statement that “it was not his duty to inspect these works,” as a resolution from the current mayor, conservative Fátima Lemes (PP), dated June 30, 2023, “delegates to Luis García the oversight of works and urban planning discipline” within the council as the Councillor for Urban Planning. Despite this, and according to the aforementioned document, “he has maintained an attitude of total passivity, which contradicts the inescapable obligation to exercise his powers of restoration (art. 324 of the Land Law of the Canary Islands).”
Nevertheless, according to the complainants, in that same statement he ultimately acknowledges “that he was aware (because he had consulted it to…”;
A complaint has been lodged asserting that the construction activities at the Guaza warehouses were unlawful. Notwithstanding this allegation, the development has proceeded at full pace since the complaint was made, and the defendant, in what is perceived as a potentially unlawful approach, is neglecting the necessary exercise of obligatory powers, as stated in this document. Consequently, this party has submitted a complaint for an alleged offence of prevarication, has reported the matter to the Environmental Agency, and insists that immediate actions be taken due to the council’s “inaction.” Notably, it highlights that the regional authority itself acknowledges the absence of response from the council to its inquiries made last July (24th).
In light of this series of events, the complainants are urging Court No. 4 to summon the following officials from the local Urban Planning department to provide testimonies: Damián Hernández Fumero, Head of the Management and Discipline Service; Yurena Noda García, Head of the Legal Section of the Planning Department; Sergio Martín, Head of the Management Section; and Ruth Rodríguez Montañez, Head of the Technical Section. They are also seeking the testimony of the municipal secretary, Tania Rodríguez Reguiro, as well as the former Councillor for Urban Planning, Leopoldo Díaz Oda. Additionally, they are requesting the council to present all documentation related to the complaints concerning these “illegal works,” including those pertaining to urban planning discipline and licences, along with a report from the local police detailing the current condition of the building and its status over recent years.
These matters have already been raised with the local opposition of the PSOE in the relevant committees and bodies of the council, illustrating the starkly differing interpretations between the Councillor for Urban Planning and the Socialists. The “conflict” that began in 2020 continues without any indication of resolution or de-escalation.
