A recent verdict, which El Día has obtained, validates the legitimacy of the environmental declaration of the Atogo Motor Circuit in Granadilla de Abona, issued in 2011. The Contentious-Administrative Court number 2 in Santa Cruz de Tenerife, in a decision made on December 17, dismissed the appeal submitted by the Tenerife Association of Friends of Nature (ATAN) concerning the northern access to the facility. Merely three days later, it became publicly known that Court Number 1 upheld one of the claims made by the environmental group, specifically regarding the bleachers project, one of the four components into which this initiative is divided, for which the Tenerife Council
Justification
The justification provided in this ruling notes that “the issue at hand is distinct from the general framework of those cases where the challenge pertains not strictly to the review or consequences of an authorization or licence issued, but rather to the object of said resolution that is intended to be amended.” It further states that “the argument concerning expiration (of the Environmental Impact Assessment) serves as an additional rationale illustrating that the contested resolution – the modification of an authorization – is not in compliance with the law.” Furthermore, the ruling elucidates that “this matter cannot be classified as an administrative act, but rather as regulatory action.” It specifies that construction, building, and land use actions included in public works and services projects by the administration of the Autonomous Community and the island councils are exempt from planning permission, as is the case here in Tenerife.
Opposition
The Contentious-Administrative Court number 1 in Santa Cruz de Tenerife issued a ruling on December 20, 2024, concerning the appeal lodged by ATAN against the final approval of the work for removable stands in the Tenerife International Motor Park, located in Granadilla de Abona. This project’s Environmental Impact Declaration dates back to 2011. This ruling is interpreted as having expired due to the absence of work initiation more than twelve years after its issuance. It was the first to be addressed among the four that are linked to the project.
Four proceedings
Four appeals have been submitted, and various courts will begin to adjudicate them or have already done so in relation to the Tenerife Motor Circuit. In Phase II for the Northern Access, Court No. 2 ruled on December 17, 2024, rejecting ATAN’s appeal. Concerning the bleachers project, Court No. 1 ruled on December 20, 2024, in favour of it, allowing a deadline until January 20 for any further appeals. Two additional cases remain to be resolved: particularly, the one concerning the speed track, which is currently with Court No. 4, and lastly, the defence plan against flooding, which is with No. 3. Presently, it is at one apiece, although the contest is far from over.
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