This decision by the TSJC, based in Las Palmas, is the first of several anticipated resolutions regarding appeals filed against the revision of the Island Planning Plan (PIO) for Gran Canaria. The ruling highlights the incompatibility of approving an urban planning revision that seeks to adapt to regulations no longer in force.
“"It is incompatible to approve an urban planning revision to adapt to repealed regulations."
The judicial resolution also rejects the transitional regime interpretation defended by the Administration, arguing that the transitional regime of the Canary Islands Land Law itself was not respected. The island plan revision had been definitively approved by the Plenary of the Cabildo de Gran Canaria on December 29, 2022, and published in January 2023.
The court emphasizes that the continuation of processing under the previous regulations cannot justify the approval of an instrument that lacks legal content, as the legal basis it intended to adapt to had become ineffective. The ruling imposes costs on the losing parties, and an appeal can be filed against it before the Supreme Court or, if applicable, before the same Administrative Litigation Chamber of the TSJC.
