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Canarian Weekly – The court has lifted the suspension, closure and fine imposed on the Arts Shopping Center

Canarian Weekly – The court has lifted the suspension, closure and fine imposed on the Arts Shopping Center

The Administrative Court No. 3 of Santa Cruz de Tenerife has ruled in favor of Melisolfi Consulting, declaring the suspension and closure of works at the Arts shopping center on El Camisón beach between Los Cristianos and Playa Las Americas invalid. The court also invalidated the fine imposed by former Arona mayor José Julián Mena after a long appeal process that began in 2021.

The ruling invalidates these administrative actions and orders their reversal to the point at which the procedural error was found. Additionally, the court ordered the defendant administration to cover the legal costs incurred, up to a maximum of EUR 1,500.

Both the decision to suspend the ongoing works and the resolution to initiate sanction proceedings were issued without including a technical report in the administrative files stating that the construction was carried out without the necessary permits.

Mandate:

In April 2021, the Arona City Council imposed a fine of €190,000 on Melisolfi Consulting SL for carrying out construction work without the appropriate permit, which was considered a very serious violation. The administrative matters were resolved by mayor José Julián Mena on April 9, after the promoter’s allegations were rejected.

On March 30, the Provincial Prosecutor’s Office of Santa Cruz de Tenerife filed a complaint, finding evidence of a possible violation of urban planning in the construction of the shopping center, which remained closed after an investigation initiated in June 2020.

The building allegedly violates applicable urban planning regulations, unreasonably increasing the height and area of ​​the shopping center. These changes were adapted to the conditions set out in the Los Cristianos Plan for Modernization, Improvement and Enhanced Competitiveness (PMM), which was never implemented after its withdrawal by the Canary Islands government.

The court invalidates the suspension, closure and penalty imposed on the Arts Shopping Center