This Tuesday, a contentious-administrative appeal was lodged against several decisions made by the Adeje City Council, which between 2015 and 2023, led to the approval for the establishment of a commercial park on a site originally designated for an amusement park, as per municipal planning.
The appellants contend that the municipal resolutions contravene current urban planning regulations regarding land use. According to the General Plan of Adeje, the site in question is exclusively designated for amusement park use, whilst the surrounding areas are earmarked for commercial activities. This includes the allowance for a large retail establishment.
The appeal stipulates that the commercial utilisation permitted on the amusement park site should be deemed supplementary to its primary purpose. This viewpoint aligns with comments made by the Island Council, which in a report dated September 8, 2023, indicated that the proposed use of the site does not align with its urban planning classification.
Moreover, the appeal argues that the sanctioning of the commercial park is in conflict with the Insular Territorial Planning Plan (PIOT), a regulation of superior authority compared to municipal planning.
The appellants assert that the municipal resolutions authorise a commercial park with building areas that surpass the limits set out, and that they allow for commercial activities in non-countable basement and semi-basement levels, breaching the regulations specified by the PIOT.
Furthermore, the appeal underscores the lack of an environmental assessment report, which is mandated by the Canary Islands Land Law for projects of this nature.
The appeal claims that the measures taken by the City Council permit the northern section of the site, initially intended for an amusement park, to be utilised for a substantial commercial park, comprising numerous establishments with a buildable area exceeding what is permissible under current municipal planning.
The matter is now awaiting a ruling from the contentious-administrative court, whose decision may significantly affect both the progression of the project and the urban planning framework of Adeje.
