The Administrative Court No. 1 of Las Palmas de Gran Canaria has issued a ruling upholding the legality of the license granted by the San Bartolomé de Tirajana City Council in April 2018 to Residence Canarias Property Development SL, authorizing the execution of interior and façade renovations at the Tensuites tourist complex, located on the seafront promenade overlooking the Charca de Maspalomas, on Avenida del Oasis. The court ruling, dated May 14 and signed by Judge Alfonso Silos López de Haro, dismisses the administrative appeal filed by two residents of the aforementioned complex, ordering them to pay the court costs, up to a maximum of €900. It should be noted that the ruling has not become final and is subject to appeal before the High Court of Justice of the Canary Islands.
It should not be forgotten that Antonio Santana Reyes, an official with the San Bartolomé de Tirajana City Council, was charged by the Public Prosecutor's Office for alleged urban planning violations. This official issued a favorable report for the major works permit for the TenSuites apartment complex, located in the El Oasis de Maspalomas development, despite not having the prior authorizations required by the Coastal Demarcation or the Gran Canaria Tourist Board. These authorizations were required at the time the municipal plenary session approved the permit for the renovation of the building on April 10, 2018.
In the analysis carried out on the expert reports submitted by the parties, including those prepared by the managing entity of the complex that appears as co-defendant, the judge concludes that the basic project subject to the license does not violate the applicable urban planning regulations, understood in its various manifestations: the specific ordinances of the El Oasis urbanization, the general provisions contained in the General Urban Planning Plan (PGOU) of San Bartolomé de Tirajana of 1996, its transitional regulations and, finally, the prescriptions included in Law 4/2017, on Land in the Canary Islands.
In particular, it is established that the authorization for the building's roof to be accessible is legal, even though this condition did not exist prior to the renovation. Furthermore, the installation of a solarium with a jacuzzi on the roof is permitted, given that such use is not expressly prohibited by the current urban planning regulations. The judge also emphasizes compliance with the parameters relating to buildability, volume, and height.
Furthermore, considering that the building has had a municipal permit since 1964, and that the pre-existing construction consisted of a semi-basement floor and a ground floor intended for tourist apartments, it is determined that the two annexed rooms planned in the underground project, intended for the pool kiosk and common services, as well as the pool, do not alter the buildability nor contravene current urban planning regulations. Regarding the new communications core that has been incorporated, consisting of a stairwell and an elevator that replace the old staircase, the magistrate points out that its purpose is to comply with regulations regarding universal accessibility, without entailing an increase that violates the established height limits.
Finally, regarding the question of whether the roof of the building can be considered a viewing platform, it is concluded that, although it offers privileged views of the Maspalomas dunes, this does not imply that it has the nature or use of a viewing platform. The judge also notes that the other allegations made in the complaint and subsequent documents do not refer to the project approved by the license, but rather to the works carried out subsequently and the use of the building as a hotel, matters unrelated to the scope of these proceedings.
