The TSJC's decision, officially communicated to all parties, rejects the processing of the final appeal requested by the Government of the Canary Islands, the Yaiza City Council, and the commercial entity Club Lanzarote. This ruling ratifies the September 2022 judgment that completely invalidated the 2014 plan.
“"The annulment of the Plan was not desirable, because despite its flaws it has been a very useful document for the municipality, but we have to abide by judicial decisions and act accordingly."
The inadmissible appeal sought to reverse the annulment, but the Supreme Court's decision in June 2025 had already validated the TSJC's stance. The annulment originated from a challenge filed by a local resident, who argued that the 2014 PGOU contained aspects contrary to key reports, such as the road infrastructure report from the Vice-Ministry of Infrastructure of the Government of the Canary Islands, and contradictions with Cabildo reports.
The TSJC determined that the omission or disregard of a mandatory report leads to the total annulment of the planning instrument. The court indicated that the defect leading to the annulment is not rectifiable, as the omission of a mandatory report constitutes a cause for nullity by full right. No costs were imposed on the parties involved in the process.
The 1973 regulations will remain in force until a new planning document can be approved, a process that could extend until the end of the decade. To this end, in March of last year, the Yaiza City Council signed an agreement with the consultancy Ingeniería, Estudios y Proyectos Europeos for the drafting of the new document, which could incorporate many of the principles from the annulled 2014 plan.
