Photo: Developer graphic.
Updated 18 September 2018: Sometimes the wheels of justice turn even more slowly than we might expect, and certainly that’s been the case with the multiply-confirmed illegal development of Refugio de Chasna in La Escalona, whose demolition has already been ordered four times now. Finally, however, Vilaflor Ayuntamiento has capitulated to the inevitable and conceded its approval of the partial demolition of six townhouses. The total cost of the action will be just short of €650,000, a sum that it is intended should be paid by the owners, who are a mix of private individuals, the developer Tenarona SL., and La Caixa bank, though the Court order means that the council will have to do the work itself if these refuse, and then take whatever action is appropriate to recoup the cost. The part of the development affected are the rear entrances to six of the townhouses and around half the space of the rooms on the top floors which exceed permitted size.
Original post 1 August 2009: The Canarian High Court has confirmed that Refugio de Chasna in La Escalona, a development of 76 semi-detached houses under construction by Tenarona SL., was built under illegal licence. The licence was granted by the mayor of Vilaflor, Manuel Fumero, by decree in 2006. The Friends of Nature Association ATAN (Asociación Tinerfeña de Amigos de la Naturaleza) has said that it will ask for the Court to ensure that its ruling is enacted in full, which includes the demolition of the properties.
The High Court’s judgement came after Tenarona SL and Vilaflor Ayuntamiento appealed a lower Court ruling in a case brought by ATAN against the granting of the licence on the grounds that it violated urban development rules on both municipal and regional levels. The ecological group argued that pre-licence technical and legal reports were unfavourable, and that the mayor had misrepresented the technical arguments without any justification. ATAN says that it will do everything in its power to ensure that the mayor himself personally pays the entire costs of the nullification of the licence, including the resulting demolition.