The document that set the guidelines for the island's territorial development for the coming decades, revising land uses and establishing the desired urban model, now sees its foundations shaken. The potential economic, environmental, and social consequences of its collapse, which could reinstate the 2004 PIO, are a growing concern.
Although the three rulings are subject to appeal before the Supreme Court, the Cabildo of Gran Canaria, through its president, Antonio Morales, has announced its intention to defend the PIO's legality, describing the judicial decision as "unjust, erroneous, superficial, and disproportionate." An appeal will be filed, and avenues before the Constitutional Court and European courts will be explored if necessary.
The core of the rulings lies in the adaptation of the island's planning to legislation that was largely repealed. The TSJC argues that "it makes no sense to review an Island Plan to adapt it to repealed regulations; the logical step is to adapt it to current regulations," referring to the 2017 Land Law which almost entirely nullified the 2003 Directives Law, five years before the PIO's completion.
The Cabildo, on the other hand, maintains that the transitional provisions of the Land Law allowed adaptation to the previous law for "procedural economy." However, the TSJC considers this interpretation "allows the approval of a PIO revision devoid of content" and destined for immediate revision.
One of the rulings, which upholds an appeal by Lopesan Asfaltos y Construcciones e Hijos de Francisco López García SA, details that despite the PIO stating the suppression of determinations contrary to Law 4/2017, subsequent technical reports revealed the persistence of references to expressly repealed directives. The TSJC sides with the appellants, confirming these irregularities.




