Court Decision Paves the Way for Controversial Development on Guaza Mountain

A recent ruling from the High Court of Justice of the Canary Islands has sparked significant debate by allowing a developer to move forward with a housing project on Montaña de Guaza, a protected natural area in southern Tenerife. This decision comes without the requirement for an environmental impact assessment, raising concerns among environmentalists and local residents alike.

Understanding the Legal Framework Behind the Ruling

The court’s ruling directly contradicts the position taken by the Arona Council, which had maintained that an environmental study was essential due to the area’s classification within the EU’s Natura 2000 network and its designation as a Special Protection Area for Birds (ZEPA). However, the court clarified that national legislation permits the exclusion of such assessments if the management plan for the protected area categorizes the proposed activity as a “permitted use.” This legal interpretation has significant implications for future developments in similarly protected areas.

In light of this ruling, the responsibility now lies with the Arona Council to determine whether to issue the construction license or to appeal the decision to the Supreme Court. The council has a 30-day window to make this critical decision, yet it has not publicly disclosed its intentions regarding a potential appeal, leaving many stakeholders in suspense.

Insights into the Proposed Development Project

The developer, Metrovacesa, has ambitious plans for the site, which include constructing 28 residential units alongside four commercial spaces, storage facilities, garages, and a communal swimming pool on a 3,200-square-meter plot situated on the slopes of Guaza Mountain. This area is not only known for its environmental significance but also for its historical value, as it lies adjacent to the residential-tourist zone of Palm-Mar, a popular destination for both locals and tourists.

Currently, the only environmental document associated with this project is a study commissioned by Metrovacesa from Bejeque Medio Ambiente. This study asserts that the development will not have “significant effects” on the environment, provided that the recommended mitigation measures are implemented. Among the wildlife at risk is the endangered Pimelia canariensis beetle, for which protective measures were authorized by the regional Environment Department in 2019, with extensions granted until March 2026. This raises questions about the adequacy of the proposed mitigation strategies and their effectiveness in preserving local biodiversity.

Environmental Concerns and Community Reactions

The ruling from the High Court of Justice has not gone unnoticed by environmental advocacy groups. The TSJC’s decision highlighted various technical inconsistencies that emerged during the application process. While some issues were addressed by the developer, others remained unresolved, leading to ongoing concerns about the adequacy of the documentation submitted. The court noted a meeting in 2023 where council technicians and legal staff acknowledged that, despite corrections made to the plans, the absence of an environmental impact assessment was a significant barrier to issuing the construction license. They cited “ambiguous” guidance from the regional Environment Department as a contributing factor to the confusion.

Environmental advocacy group ATAN (Asociación Tinerfeña de Amigos de la Naturaleza) has been vocal in urging the Arona Council to challenge the court’s ruling. They argue that if the decision stands, it could significantly weaken the legal protections for Montaña de Guaza, potentially opening the area to further development despite its ecological importance. ATAN has criticized the council for what it perceives as a lackluster legal defense, claiming that officials did not provide sufficient technical documentation to illustrate the environmental impact of the proposed construction.

As the situation continues to evolve, both environmental organizations and local residents are closely monitoring the Arona Council’s next steps. The debate over construction on one of Tenerife’s most iconic volcanic landmarks is far from over, and the outcome will likely influence future development projects in protected areas across the region.

Key points

• The High Court of Justice of the Canary Islands ruled that no environmental impact assessment is needed for the Guaza Mountain development.
• Metrovacesa plans to build 28 homes and commercial units on a protected site.
• Arona Council must decide within 30 days whether to issue a construction license or appeal the ruling.
• Environmental groups warn that the ruling could weaken protections for Montaña de Guaza.
• The only environmental document indicates no significant effects if mitigation measures are followed.
• Concerns about technical inconsistencies in the application process were raised by the court.