Court Fines Arona Council Over Withheld Development Documents
A judge has ordered the Arona City Council to release documents for a five-year-delayed housing development, threatening daily fines for non-compliance amidst a dispute over administrative silence and land use.
A court has twice ordered the Arona City Council to provide documents related to a development area known as Polígono 2A of Cho-Parque de la Reina. Residents in this area have been waiting five years for building permits to construct their homes.
The City Council claims the development hasn't been officially approved. However, Gestur, the original developer from 40 years ago, believes it has been approved due to administrative silence, meaning the council's lack of response implies approval.
Judge Francisco Javier Bullón has warned the Arona City Council that it faces a daily fine of 300 to 1,200 euros if it continues to withhold the requested file. The judge wants to know why the file hasn't been submitted, especially since one affected resident already has a copy from the council.
Around thirty people are waiting for these permits, which have been delayed for about five years. The City Council's reason for not issuing them is that the development was never officially accepted because Gestur Canarias allegedly did not hand over the required 10% of land use to the council in 1986.
Agoney Piñero, CEO of Gestur, stated that the company was not obligated to cede land because a different company, Cañada Blanca, drafted the relevant plan. While acknowledging there's no formal acceptance certificate from the Arona City Council, Piñero pointed out that Gestur requested acceptance on December 4, 1986, and received no response. He argues this silence means the land should be considered accepted.
Meanwhile, the Arona Local Government Board approved permits for the first 56 homes in a related area, Cho II-Parque de la Reina, on the 11th of last month. These projects reportedly have all necessary positive reports.
The land in question, Polígono 2A of Cho-Parque de la Reina, is developed urban land with public services like street lighting, waste collection, and maintenance.
Affected residents are awaiting a legal opinion on Polígono 2 of Cho, which the City Council commissioned from the University of La Laguna Foundation for 14,980 euros on July 29, 2024. However, the residents claim this payment hasn't been made. A previous council opinion classified information about this area as "strictly private," limiting its use to internal advice. The residents are seeking a swift and legal resolution.