Santa Cruz Court Takes Action Against Arona City Council Over Urban Development Stalemate

The Contentious-Administrative Court Number 2 in Santa Cruz de Tenerife has issued a stern warning to the Arona City Council, threatening coercive fines due to the council’s persistent failure to provide essential documentation regarding an urban development issue in the 2A Zone of Cho-Parque la Reina. This legal action highlights the ongoing frustrations faced by residents who have been waiting for nearly a decade for construction permits.

Residents in the 2A Zone have expressed their discontent as they watch other homes being constructed in the surrounding area over the past 40 years. The council has attributed the delays to the urbanization works not being formally accepted, which has led to a significant blockage in the approval process. This situation has left many families in limbo, unable to build on land they purchased as consolidated urban property.

In a further complication, a contentious-administrative appeal was filed by an affected resident over four months ago, yet the council has failed to submit the required administrative file to the court. Interestingly, the necessary documentation has been provided to the resident, raising concerns about the council’s management of the case and its transparency.

The court’s demands have brought to light the stagnation surrounding this urban development issue. The first notice was issued on September 11, requiring the council to explain within ten days why the requested file had not been submitted and to identify the responsible party. The notice warned that failure to comply would result in coercive fines ranging from €300 to €1,200, which would be imposed every 20 days until the council fulfilled its obligations.

When the council failed to respond, a second notice was issued on November 10, allowing only five working days for the council to meet the requirements. While the affected resident has received this notice, it has not been submitted to the court, creating further uncertainty about the official handling of the case. The situation has been further complicated by several lawyers and municipal technicians distancing themselves from the issue, leaving residents feeling abandoned.

The urban development situation in the 2A Zone of Cho-Parque la Reina has been contentious for decades, impacting around thirty families who are eager to build on their purchased land. The Arona City Council has historically maintained these streets and classified them for public use since 2011, even granting building permits since the 1990s. However, a recent shift in policy has led the council to assert that the urbanization has not been formally accepted, effectively halting new construction approvals.

A municipal technician’s report from March 2024 indicated that there were sufficient grounds to consider the urbanization as tacitly accepted due to the council’s long-term involvement. This report emphasized that the streets were included in the municipal inventory and had been maintained by the council since at least 2009. Furthermore, it referenced numerous building permits granted over the years, suggesting that the council’s previous actions contradict its current stance.

In stark contrast, a report from the General Secretariat of the City Council in November 2024 stated that building permits could not be issued because the urbanization project lacked definitive approval. This report pointed out that the required compensation project from 1985 had not been submitted, nor had the necessary land allocation been made, even suggesting a review of previously granted permits. This conflicting information has left residents confused and frustrated.

In an attempt to address the ongoing issues, the City Council commissioned an external legal opinion from the University of La Laguna in July 2024, at a cost of €14,980. This report, submitted in September 2024, aimed to explore legal options to resolve the longstanding problem. However, more than a year later, the council has yet to pay for the report, which has not been incorporated into official files or shared with residents, further complicating the situation.

A resolution dated September 30 this year stated that the information in the legal opinion was considered strictly private and internal, and that the invoice for the contract remains unpaid. The report’s data cannot be utilized until payment is made, leaving residents in the dark about potential solutions. In response to this lack of transparency, affected residents have appealed this decision to the Canary Islands Transparency Commissioner, arguing that the report, funded by public money, should be accessible as public information.

Key points

• The Santa Cruz Court has threatened coercive fines against the Arona City Council for failing to provide necessary documentation.
• Residents have faced delays of nearly a decade for construction permits in the 2A Zone of Cho-Parque la Reina.
• The council claims urbanization works have not been formally accepted, contributing to the blockage.
• Affected residents have received documentation, but the council has not submitted required files to the court.
• Conflicting reports from municipal technicians and the General Secretariat have added to the confusion.
• The City Council commissioned a legal opinion but has not paid for it or shared it with residents.
• Affected residents have appealed to the Canary Islands Transparency Commissioner for access to the report.