The Platform of Those Affected by the Tourism Law (PALT) has celebrated the recent TSJC ruling that upholds their appeal and annuls the Gran Canaria Island Spatial Plan (PIO) approved in 2022. This judicial decision joins four previous rulings that had already invalidated the territorial document.
María Isabel Doreste, president of the PALT, described the plan as an "absurdity" and asserted that the challenge "was not capricious," stating that the public "was right." The new ruling, under ordinary procedure 67/2023, reiterates the PIO's nullity, deeming the instrument to have "insurmountable structural defects" from its inception.
While the court maintains its stance on the document's processing, which was adapted to partially repealed legislation, the PALT's appeal introduced a crucial debate on the tourism and residential model proposed for the island's southern areas. The platform questioned PIO provisions that, in their view, severely limited the rights of apartment and bungalow owners in tourist zones.
Among the contested points was the impossibility of combining tourist and residential uses on the same plot, as well as restrictions on temporary residential use in tourist complexes. The PALT argued that these determinations effectively prevented thousands of owners from freely using their properties and contributed to the progressive displacement of residents from tourist hubs.
The platform also denounced the legal uncertainty generated during the plan's processing, noting that numerous public allegations received no express response from the island administration. Furthermore, they warned of significant financial compensation claims if the PIO forced modifications to established municipal planning.
Another challenged aspect concerned the planning of infrastructures, such as the proposed marina at Bahía Feliz, raising concerns about its potential environmental impact due to its proximity to the Sebadales de Playa del Inglés Special Conservation Area (ZEC). However, the PIO's total nullity renders it unnecessary for the court to delve deeply into each specific determination.
With this ruling, the TSJC now has five judgments against the PIO, which was definitively approved by the Cabildo in December 2022. The island government has consistently defended the document's legality and has filed appeals to the Supreme Court, maintaining that the PIO remains in effect until a final judgment is issued.
