Santa Cruz de Tenerife Appeals to Supreme Court to Resolve Urban Planning Deadlock

Santa Cruz de Tenerife Appeals to Supreme Court to Resolve Urban Planning Deadlock

Source: Diario de Avisos

Santa Cruz de Tenerife has appealed to Spain’s Supreme Court to resolve a legal deadlock over mandatory environmental assessments that has stalled the city's urban development planning.

Years of legal uncertainty surrounding urban development in Santa Cruz de Tenerife have reached the Supreme Court. The city council has filed an appeal with Spain’s highest court, hoping to resolve conflicting legal interpretations that have stalled the processing of the city’s General Urban Development Plan (PGO).

The dispute centers on whether urban planning projects must always undergo a strategic environmental assessment. This issue has led to an institutional deadlock, with the High Court of Justice of the Canary Islands (TSJC) issuing contradictory rulings. In some cases, the regional court has supported the city’s right to decide if an assessment is necessary. In others—most notably the annulment of the 2005 development plan—it has sided with the Canary Islands government, ruling that the assessment is mandatory and that any plan lacking one is automatically void.

This inconsistency has left the city in a fragile position, forcing it to rely on an outdated 1992 plan. Zaida González, the Councilor for Urban Planning, described the Supreme Court appeal as a vital step. The city aims to clarify whether its planning department has the authority to waive the assessment when a project is unlikely to have a significant environmental impact.

The City Council argues, citing previous Supreme Court and Constitutional Court rulings, that environmental assessments should not be mandatory in every instance, particularly for provisional land-use regulations. The city is now awaiting a February 26 ruling from the High Court regarding a provisional ordinance. This decision is expected to set a definitive precedent, finally clarifying who has the authority to oversee environmental controls and providing a clear path forward for urban planning in the capital.