The developer of the La Tejita hotel asserts that the rulings of the Canary Islands High Court of Justice (TSJC) endorse that the new demarcation does not impact the progress of the project. The construction work is continuing as planned since its resumption last February, as all the licenses and authorizations supporting the developer for its execution are currently valid and effective.
Viqueira explains that the report from the General Directorate of the Coast and Sea, dependent on the central government, to which groups opposed to the project refer to “is from 2021 and all its arguments are annulled by subsequent rulings of the TSJC”.
The ruling says
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The developer recalls that the TSJC rulings state, literally, that “the urban planning authorization and license, therefore, complied with the demarcation of the current coastal-maritime zone and, as the Supreme Court ruling, Third Chamber, Section 5, of May 6, 2002, states, the demarcation initiated subsequently cannot affect licenses already granted”.
The Coastal resolution that maintains a different criterion to the company dates back to 2021, prior to the TSJC rulings
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Likewise, the TSJC also points out in one of its rulings that “this is not about carrying out works without the required administrative authorizations, but that due to the new demarcation, the property becomes a concession title as compensatory value, as established by Constitutional Court ruling number 149/1991, of July 4,” as stated by the company.
