Residents Unite in Legal Action Against Urban Development in Cho-Parque la Reina

Residents of Cho-Parque la Reina are mobilizing to challenge local urban development plans, joining a lawsuit spearheaded by Nicolás Jorge, a former councillor in Arona. This legal action reflects growing discontent among homeowners who feel their rights and interests are being sidelined in the face of ongoing development projects.

Community Concerns Over Development Plans

A coalition of property owners in Polígono 2A has allied with Nicolás Jorge, who initially filed the lawsuit in December 2024. Jorge, who has previously been acquitted of misconduct allegations, is now serving as a voice for the residents who believe their grievances are being ignored. Reports indicate that the original developer, Gestur, is also a party to the ongoing legal proceedings, adding another layer of complexity to the situation.

Residents have voiced their frustration over the protracted delays in securing building licenses, with some individuals waiting for more than seven years. The local council maintains that the development has not received formal acceptance; however, there are instances where other residents have successfully obtained permits for constructions that were requested decades ago. Despite consistently paying property taxes (IBI) and benefiting from essential services such as street lighting and waste collection, many residents feel that their concerns are being dismissed by local authorities.

Legal Proceedings and Evidence

The legal challenge led by Jorge raises significant questions regarding the legitimacy of administrative actions related to the Cho-Parque la Reina Partial Plan. With a background in public service and law, Jorge has been an outspoken advocate for urban and legal issues in southern Tenerife since the conclusion of his political career. Initially, residents were hesitant to pursue legal action due to concerns about potential costs and the lengthy process involved. However, their trust in the council’s ability to address the matter has eroded over time. They have been waiting for over a year for a legal opinion, for which they paid €15,000, but have yet to see any tangible results.

In their quest for justice, residents have meticulously compiled official documents to bolster their claims. A municipal resolution dated July 30, 2024, confirms that certain streets have been recognized as public assets since 2011. Additionally, a report from the Local Police, dated December 4, 2023, asserts that several roads are open to traffic and equipped with pavements, providing photographic evidence that supports the residents’ assertions regarding the state of their community infrastructure.

Contradictions in Council Reports

Equipped with this documentation, the Head of Discipline and Licences submitted a report in March 2024, which indicated that there are sufficient grounds to consider the implicit acceptance of the development. This report referenced historical building and access licenses granted in the area, affirming the public nature of the streets involved. However, a subsequent report issued in November 2024 contradicted these findings, stating that licenses could not be issued due to the absence of a compensation project and the required 10% cession agreement established in 1985 with Gestur.

The council’s position remains that the development project lacks final approval, despite the existence of previously granted licenses. A legal report from November 4, 2024, further emphasized that no new licenses can be granted in Polígono 2A until the stipulations of the Canary Islands Land Law are satisfied. This suggests that any potential development works must be legalized before they can receive formal acceptance from the council.

This ongoing dispute underscores a complex history that dates back to the 1980s when Gestur was responsible for part of the area’s development. The initial agreement made the processing of licenses contingent on the submission of a compensation project, which has yet to be completed. This has resulted in a paradoxical situation where the council continues to provide essential services while simultaneously denying new licenses to residents eager to develop their properties.

Key points

• Residents of Cho-Parque la Reina have joined a lawsuit against urban development plans initiated by Nicolás Jorge.
• Some property owners have waited over seven years for building licenses, while others received permits for older constructions.
• The lawsuit questions the legality of administrative actions regarding the Cho-Parque la Reina Partial Plan.
• A municipal resolution confirms certain streets as public assets since 2011.
• Conflicting reports from the council have complicated the residents’ efforts to obtain building licenses.
• The legal challenge is rooted in issues dating back to the 1980s involving the original developer, Gestur.