The dusty artifacts that Las Palmas and Tenerife are ordering to be placed in the south of Gran Canaria, for the moment only on land but there are plans to place them in the water in the long term, and which have residents outraged by the health problems they generate, They will not pay even one euro with the municipality. The San Bartolomé de Tirajana City Council will not be able to collect taxes from the windmills placed on its land and that have been declared of general interest, practically all of them. The Constitutional Court has blown up the regional rule that forced developers, most of them from the Peninsula or Las Palmas, to require them to pay taxes for the use of space.
All this occurs because a company from Las Palmas, Alas Capital, controlled by Antonio Thomas Scharfenberg, opposed the collection of the Tax on Constructions, Installations and Works (ICIO) in a municipality of Tenerife. This ruling clarifies a previous one from the city council of Osuna, in the Peninsula, which defended, supported by the Supreme Court, that the “price of the wind turbines or any similar device” should be included in the tax base of the ICIO, since they are “an essential part of the work.” without which it would not have meaning nor could it achieve its function.”
For the council, “the equipment necessary to capture energy from the wind and its transformation into electrical energy is part of the project for which a building or urban planning license is requested and is incorporated into the installation of the wind farm with a vocation for permanence and is located in the previously cemented ground.” The Constitutional ruling is not retroactive. The new resolution reminds one thing: the Constitutional Court, which did not rule on the specific section referring to the tax, rejected the claims of the town councils and concluded that it is possible to replace the municipal license with a special authorization from the regional government as long as it is guaranteed “in some way” the intervention of the local entity, an action that may consist of the issuance of a report on the adaptation of the planned works to the urban planning plans.
