Six months ago, the existence of an ancient cistern within house number 50 on San Francisco Javier Street in Santa Cruz compelled the Urban Planning Management of the Santa Cruz City Council to initiate minor modification number 1 of the Special Protection Plan for the Historical Complex of the El Toscal neighbourhood, which had been ratified by the plenary session on June 28.
The Urban Planning Councillor, Zaida González, informed DIARIO DE AVISOS that “as part of the execution phases of the Toscal Special Plan, plans were in place to demolish a property situated in front of one of the citadels, with the intention of creating a future plaza and establishing open space. However, at the time, the property owner submitted objections to this modification and sought legal recourse to prevent her home from being expropriated or demolished, highlighting the need to preserve the cistern within.”
Furthermore, the councillor noted, “the Barrio del Toscal de Las Tribulaciones Association has recently lodged a contentious-administrative case with the Superior Court of Justice of the Canary Islands (TSJC) against this ruling, which the owner had previously won, as the residents wish to see the demolition of the property take place and, ultimately, the plaza constructed.”
In light of this recent appeal, which has been recorded in the Official Gazette of the Province (BOP) to summon the parties involved in the ongoing legal proceedings, the councillor remarked that “Urban Planning has initiated the processing of a study regarding the planning and potential historical heritage values to be preserved in this property. Once the records are completed by the technicians, it will be determined whether there is sufficient justification for its preservation and, consequently, whether the construction will proceed. At present, the minor modification of the Special Plan has commenced,” she emphasised.
The Urban Planning announcement in the BOP specifies that “following the decree from the lawyer, dated November 14, 2024, from the TSJC, contentious-administrative chamber, second section, the ordinary procedure regarding urban planning and territorial organisation submitted by the Barrio del Toscal de las Tribulaciones Association against the agreement made in full has been put forward, instructing the parties to appear before the court on day 10.”
