Playa Blanca hotel demolition ordered
To prevent the demolition, the developer had to try to legalize the hotel by getting a new license. However, the Council concluded it is impossible to legalize the establishment and grant a new permit with the way things stand, and that what was built was “triple” the permitted building area. “It failed to comply with the rules of granting of the license and fails now,” said a spokesperson at Yaiza Council, noting that even with “incentives” which are included in the new General Plan of Yaiza, magnifying the buildable areas in some cases, nothing could legalize this hotel.
Therefore, the Consistory has ordered the demolition of all or most of the establishment. Should Rosa opt for a partial demolition, he would have to demolish the “part incompatible with ordination”, which could involve the demolition of two thirds of the hotel. “It is a question of floor space”, explained the Mayor of Yaiza, Gladys Acuña, who claims that the breach is not by height but by the total volume of construction.
Therefore, the promoter will have to propose a plan of demolition, leaving only a third as currently constructed, because that’s what the rules allow. In its resolution, the City Council gave the property one month to present a demolition project and a further month to carry it out. Then, if the developer chooses the demolition of most of the hotel, you would have to request a new license to legalize part still standing.
Documentation not even submitted
The mayor said the City Council officially began this process with not only the Son Bou hotel but with all the illegal hotels in Playa Blanca. “We require all institutions to submit the relevant projects,” she explained, pointing out that in Son Bou’s case, the owner had not even begun the procedure for legalization by applying for a new license.
Following the request of the Town Hall, the owner of Son Bou initially submitted plans but the documentation provided was “incomplete”. The Consistory then required them to send the remaining documents needed to verify if the hotel was in line with the current regulations, but it was never completed. Therefore, the Town Hall intervened by performing their own measurements. The conclusion was that the owner had built three times what he could.
Thus, it was constructed not only with an illegal license (which had already been annulled by the courts), but also far exceeded what should have been allowed on that plot. Nor would it fit within the new General Plan of Yaiza. The new General Plan of Yaiza has increased, by up to 50 percent, the area of buildable hotels, provided that the increase is earmarked for public areas. However, by conforming to neither of these parameters Son Bou could not legalize their overbuilding.
The City Council has notified its decision to the court which annulled the license, which is itself responsible for ensuring the execution of the sentence. This recent announcement simply communicates the Consistory Court’s decision, and confirmed that the Town Hall has the power to order the demolition. Thus, no further court decision is required to carry it out, even if the owners try to avoid it.
Other hotels may be legalised – many still under scrutiny
For the rest of the illegal hotels in Playa Blanca, the mayor has stated that so far it has only carried out advanced analysis of two establishments, while others remain “under study”. Besides the Son Bou, Yaiza technicians have also issued their conclusions regarding the Rubicon hotel, located in the Montaña Roja area. In that case, the Council concludes that the establishment does comply with the rules allowing, so they could get a new license. “It is not even necessary to apply the law encouraged on buildable areas,” said the mayor.
This hotel was also discussed by the Governing Board last Friday, and the Council is to give the new permit. To get this, the property must still fulfill some formalities, such as providing a guarantee ensuring the completion of the development works to which he was entitled. “But urbanistically it meets the law” insists Acuña.
As for the other hotels, there are still no definitive conclusions or deadlines in place. “There is only one architect reporting on this, using the edit of the Plan,” explained the mayor. In addition to the Son Bou, one of the hotels that incurred higher risks was the Arena Papagayo hotel, which among other things was built in a way that removed public access to the beach. Furthermore, the other hotel owned by Juan Francisco Rosa, the Princesa Yaiza, incurred various penalties, particularly in relation to height, as it had two more floors than allowed when it was constructed. Technicians are now assessing whether it will be able to conform to the new General Plan.
by Elle Draper
Elle, along with Alan, is the owner of Spain Buddy and the busy web design business - Gandy-Draper. Born a "Norverner", she then spent most of her life "Dann Saff" before moving to Spain in 2006. Elle's loves are Alan, the internet, their three bouncing dogs, good food, and dry white wine - although not necessarily in that order. More about Elle - HERE | Got a news story to share? Click HERE | Want to write for Spain Buddy? Click HERE | Interested in our low cost advertising? Click HERE