The Contentious-Administrative Chamber of the TSJC, based in Las Palmas, has issued the first ruling that fully upholds an appeal filed against the revision of the Gran Canaria Island Planning Plan. This plan sought to adapt to Law 19/2003, of April 14, on general planning and tourism guidelines for the Canary Islands.
The judicial resolution establishes that the urban planning instrument is null and void, as its processing was carried out to conform to legislation that was no longer in force when it received final approval. The ruling emphasizes the incompatibility of approving an urban revision with the aim of adapting to repealed regulations, and considers it meaningless to maintain references to General Planning Guidelines that had already been removed from the legal system.
“"It is incompatible to approve an urban revision to adapt to repealed regulations."
The judgment, which responds to an appeal filed by a private individual, also dismisses the interpretation of the transitional regime defended by the Administration, arguing that the transitional regime of the Canary Islands Land Law itself was not respected. The revision of the island plan was definitively approved by the Plenary of the Cabildo de Gran Canaria on December 29, 2022, and published in January 2023.
The ruling imposes costs on the losing parties, although it is not final and there is the possibility of filing an appeal before the Supreme Court or, where appropriate, before the same Contentious-Administrative Chamber of the TSJC. Further resolutions on other appeals are expected in the coming days.
