The Administrative Litigation Chamber of the TSJC has issued a ruling annulling the adaptation of Gran Canaria's PIO to Law 19/2003 on General Planning and Tourism Directives of the Canary Islands. This judicial decision deems the planning «devoid of content» and illegal, as it relied on a regulation that had been repealed.
This marks the first ruling to fully uphold one of the appeals filed against the review of the insular planning. The court has indicated that more resolutions related to this process are expected in the coming days.
“"It is incompatible to approve an urban planning review intended to adapt to regulations that had already been repealed at the time of its final approval."
The Second Section of the Chamber, based in Las Palmas de Gran Canaria, concluded that it makes no sense to maintain references to General Planning Directives that had already been removed from the legal system. Furthermore, the court rejected the transitional regime interpretation defended by the Administration, considering that the transitional regime established in the Canary Islands Land Law was not respected.
The judicial procedure concerns the review of the Insular Plan, which was definitively approved by the plenary session of the Cabildo de Gran Canaria on December 29, 2022, and published in January 2023. The ruling emphasizes that the continuation of processing under previous regulations cannot justify the approval of an instrument that lacks a legal basis.
The judicial decision also imposes costs on the losing parties. An appeal against this resolution can be filed before the Supreme Court or, if applicable, before the Administrative Litigation Chamber of the TSJC itself.
