The court’s judgment, delivered by Judge Ángel Teba, fully upheld an appeal filed by island councilor Daniel Reyes. The appeal contested the prior authorisations granted by the Gran Canaria Tourism Board, way back on December 18, 2019, which also led to subsequent permits being issued by the southern town hall for the establishment of a five-star hotel development, overlooking the sea, on plot A, sector ST2, with 550 accommodation units and 1,104 beds.
The crux of the legal dispute revolves around the completion of urbanisation works in the Pasito Blanco sector, a prerequisite for such development according to the Canary Islands’ Law of Tourism Renovation and Modernization of 2013 and the Decree on Tourism Standards of 2001. Reyes argued that the authorisation from the Tourism Board was granted prematurely, without the necessary urbanisation works being finalised, thereby breaching legal regulations. The works have been at a standstill for several years, after ground clearing work and basic infrastructure was installed prior to the pandemic.
The court’s decision to annul the license highlights the many complexities involved in large-scale tourism projects on the Canary Islands. While the region is keen to enhance its tourism infrastructure, the case of the Seaside Group’s luxury hotel project serves as a reminder of the stringent legal framework governing such developments. It also shows the active role of local governance and judicial oversight in ensuring compliance with laws and regulations.
The ruling has broader implications for future projects, emphasizing the need for developers and authorities to rigorously adhere to legal requirements, particularly in areas related to urban planning and environmental impact. The decision also reflects the balance that needs to be struck between economic development objectives and the legal and regulatory frameworks designed to protect the interests of the community and the environment.
As the Centro Helioterápico de Canarias and the Seaside Group reassess their plans following the court’s decision, this case will likely influence how future development projects are approached in the Canary Islands. It serves as a cautionary tale about the importance of thorough legal compliance and the potential consequences of oversight in the planning and approval stages of major tourism and real estate projects.