Canarian Weekly – Court lifts suspension, closure and fine against Arts Shopping Centre

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

The judgment declares these administrative measures invalid and orders a reversal up to the point at which the procedural error was identified. In addition, the court ordered the defendant administration to pay the legal costs incurred, which are limited to 1,500 euros.

Both the order to stop the ongoing works and the decision to initiate sanction proceedings were issued without there being a technical report in the administrative file proving that the construction works had been carried out without the necessary authorisations.

The fine:

In April 2021, the Arona City Council fined Melisolfi Consulting SL 190,000 euros for carrying out construction works without the required permit, which was considered a very serious infringement. The administrative file was settled on April 9 by Mayor José Julián Mena after the developer’s allegations were rejected.

On March 30, the Provincial Public Prosecutor’s Office of Santa Cruz de Tenerife filed a complaint and found evidence of a possible violation of the urban planning regulations during the construction of the shopping center. The shopping center remained closed following an investigation launched in June 2020.

The building allegedly violates current municipal planning regulations by unjustifiably increasing the height and area of ​​the shopping centre. These changes were adapted to the terms of the Plan for Modernisation, Improvement and Increased Competitiveness (PMM) of Los Cristianos, which was never implemented after being withdrawn by the Canary Islands Government.